In exercise of the
powers under sub-section (1) of Section 15 of the Mines and Minerals
(Development and Regulation) Act, 1957 (Act 67 of 1957), the Governor is pleased
to make the following rules, with a view to amending the Uttar Pradesh Minor
Minerals (Concession) Rules, 1963: (1) These rules may be
called the Uttar Pradesh Minor Minerals (Concession) (Forty Seventh Amendment)
Rules, 2019. (2) They shall come into
force with effect from the date of their publication in the Gazette. In the Uttar Pradesh
Minor Minerals (Concession) Rules, 1963 hereinafter referred to as the said
rules, for Rule 2, the following rule shall be substituted, namely '2.
Definitions. In these rules,
unless the context otherwise requires (a) "Act" means
the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957); (b) "Captive
mines" shall mean the mining lease where more than 50 per cent of the
entire quantity of mineral extracted from the lease is used in an industry
owned by the lessee. (c) "Committee"
means the Committee, consisting of the District Officer as Chairman and the
representatives of the Director and the Divisional Forest Officer as members,
constituted by the State Government Notification No. 4343/18-12-90601/87, dated
August 29, 1990, whom the State Government has delegated its power under Rule
71 in respect of reserve forest areas: (d) "Director"
means the Director of Geology and Mining Uttar Pradesh; (e) "District
Officer" means the Collector or Deputy Commissioner of the district in
which the land is situated; (f) "Form"
means a form set out in the Third Schedule to these rules; (g) "In situ rock
deposit" means the mineral found in the form of rock and not displaced
from the place of its origin; (h) "Mine" and
"Owner" shall have the meanings respectively assigned to them in the
Mines Act, 1952 (Act 35 of 1952); (i) "Mining
operations" means any operations undertaken for the purpose of winning any
minor mineral; (j) "Mining
permit" means a permit granted under these rules to extract a specified
quantity of minor mineral within the period stipulated in the permit; (k) "Minor
minerals" means building stones, gravel, ordinary clay, ordinary sand
other than sand used for prescribed purposes, and any other mineral which the
Central Government has declared from time to time or may declare, by
notification in the Official Gazette, to be a minor mineral, under clause (e)
of Section 3 of the Mines and Minerals (Regulation and Development) Act, 1957
(Act 67 of 1957); (l) "Pits mouth
value" means the sale price of the minor mineral at the pit head or at the
point of production; (m) "Railway"
and" "Railway Administration" shall have the meanings
respectively assigned to them in the Indian Railways Act, 1890 (Act 9 of 1890); (n) "Schedule"
means a Schedule appended to these rules; (o) "State" and
"State Government" respectively mean the State of Uttar Pradesh and
Government of Uttar Pradesh.'. In the said rules,
for Rule 10, the following rule shall be substituted, namely "10.
Extent of area for which a mining lease may be granted. (1) Minimum area for
grant of a mining lease for sand or morrum or bajri or boulder or any of these
in mixed state exclusively found in river bed shall ordinarily be five hectares
and mineral found in the form of rock and not displaced from the place of its
origin and other minor minerals shall be one hectare: Provided that in case
of non availability of such extent of area, this sub rule does not apply. (2) No mining lease shall
be granted in respect of any area which is not compact and contiguous or
otherwise not suitable to scientific development: Provided that in
respect of small deposits not suitable to scientific mining in isolated
patches, a Mining lease may be granted for a cluster of such deposits without
any division. (3) No person shall
acquire in respect of any minor mineral, except sand or morrum or bajari or
boulder or any of these in mixed state exclusively found in riverbed exceeding
three mining leases, covering a total area of more than 25 Hectares: Provided that mining
leases in respect of sand or morrum or bajari or boulder or any of these in
mixed state, exclusively found in the riverbed exceeding two in number or total
fifty hectares in area shall not be granted in favour of any person in the
State of Uttar Pradesh: Provided further that
if the State Government is of opinion that in the interest of mineral
development, it is necessary so to do, it may for reasons to be recorded in
writing permit any person to acquire one or more mining leases covering an area
in excess of the limits mentioned above. Explanation. For
the purposes of these rules, a person acquiring by or in the name of another
person a mining lease which is intended for himself shall be deemed to be
acquiring it himself." In the said rules,
for Rule 17, the following rule shall be substituted, namely "17.
Survey of the area leased. (1) When a mining lease
is granted, arrangement shall be made by the Director for survey and
demarcation of the area granted under the lease for which lessees shall be
charged at the following rates: (a) in the plains (i) for area up to 10
hectares Rs. 5,000.00 (ii) for areas beyond 10
hectares at the rate of Rs. 500.00 per hectare subject to the minimum of Rs.
6,000.00 (b) in the hills (i) for areas up to 10
hectares Rs. 8,000.00 (ii) for areas beyond 10
hectares at the rate of Rs. 800.00 per hectare subject to the minimum of Rs.
10,000.00 (2) The lessee shall,
after the lease is granted to him, pay the demarcation charges through treasury
challan and submit a map of the area granted under the lease, certified by the
District Officer, to the concerned Mines Officer or to such other officer as
may be authorised by the Director in this behalf. The Mines Officer or the
officer so authorised shall, on receipt of the certified map and upon being
satisfied that demarcation charges have been duly deposited, within fifteen days
from the date of such receipt, survey and demarcate the area taking as
reference at least two fixed points on the map and denoting the geo-coordinates
of all the boundary pillars of the demarcated lease area. (3) The mines officer or
the officer so authorised may, for the purpose of survey and demarcation of the
area, take the help of such officer of the revenue and forest department of the
district as he may consider necessary. (4) If any dispute arises
in respect of demarcation of the area, the matter shall be referred to the
Director, who shall, after giving the parties a reasonable opportunity of being
heard, decide the matter. (5) The decision of the
Director under sub-rule (4) shall be final.". In the said rules,
for Rule 23, the following rule shall be substituted, namely "23.
Declaration of area for e-tender/e-auction/e-tender-cum-e-auction lease. (1) The State Government
may by general or special order declare the area or areas with Geo-coordinates
which may be leased out by e-tender/e-auction/e-tender-cum-e-auction. (2) Subject to direction
issued by the State Government from time to time in this behalf (a) The area or areas for
mining leases in respect of sand or morrum or bajari or boulder or any of these
in mixed state exclusively found in the riverbed shall be leased out only by
e-tender or e-auction or e-tender-cum-e-auction for the fixed period of five
years at a time. (b) New area of natural
rocks of building stones and earlier leased area/areas, which has/have been
treated as redeemed after expiration of period of lease and will not be
renewed, may be leased for a maximum period of twenty years only through the
process of e-tender/e-auction/e-tender-cum-e-auction. Provided that the
earlier leaseholder of the concerned lease area, whose lease had been
determined recently, has to be accommodated an opportunity to offer bid of
higher amount than the highest bid shorted out for the concerned lease, within
one, working day after the finalization of the entire process of e-tender/e-auction/e-tender-cum-e-auction
and before issuance of Letter of Intent, before the District Magistrate having
territorial jurisdiction over the concerned lease area, however with conditions
that (I) The character of the
earlier leaseholder bears good conduct; (II) He has abided fairly
all the norms during the course of the entire lease period; (III) He has no any due
amount concerning mineral/mining; (IV) His name is not
mentioned inter alia black list; (V) He has been a
leaseholder of the concerned area or more than (VI) that area and has
produced certified document/s concerning the same; (VII) He has participated
for bid as per the prescribed process/procedures through
e-tender/e-auction/e-tender-cum-e-auction with the required proper document/s
concerning the e-tender/e-auction/e-tender-cum-e-auction: Provided that the
lease-holder of more than 2hectare area will have to install stone crusher
within 2 years from execution of lease deed. (c) Naturally available
rock type such mining deposit which had been defined earlier as major mineral
and that has been declared minor mineral, vide Notification No. 422, Dated
10-2-2015 issued by the Government of India and new mining area containing
embedded Granites (sized dimensional) shall be leased out as prospecting
license-cum-mining lease for the maximum period of thirty two (32) years in one
term through the proper process of e-tender/e-auction/e-tender-cum-cum
e-auction, however out of the abovementioned period of thirty two years, two
years period will be reserved for prospecting works and on being proved
availability of mining the lease period shall be for maximum thirty (30) years. If any area has
remained on lease since before or availability of mineral has already been
approved within the concerned area then in such cases the mining lease will be
approved directly for a maximum period of thirty years: Provided that the
earlier lease-holder of the concerned lease area whose lease had terminated recently
has to be accommodated an opportunity to offer bid of higher amount than the
highest bid shorted out for the concerned lease, within one working day after
the finalization of the entire process of e-tender/e-auction/e-tender-cum
e-auction and before issuance of Letter of Intent, before the District
Magistrate having territorial jurisdiction over the concerned lease area
however with conditions that (I) The character of the
earlier lease-holder bears good conduct; (II) He has abided fairly
all the norms during the course of the entire lease period; (III) He has no any due
amount concerning mineral/mining; (IV) His name is not
mentioned inter alia black list; (V) He has been a
lease-holder of the concerned area or more than that area and has produced
certified document/s concerning the same; (VI) He has participated
for bid as per the prescribed process/procedures through
e-tender/e-auction/e-tender-cum e-auction with the required proper document/s
concerning the e-tender/e-auction/e-tender-cum e-auction. (d) Naturally available in-situ
rock-type mineral found in private land of minimum area one hectare shall be
leased out for a maximum period of 10 years through
e-tender/e-auction/e-tender-cum e-auction: Provided that in
respective mine area the District Magistrate after confirming the availability
of mineral, suitability of area, certificate of land ownership, land owner's
affidavit for consent, shall process e-tender/e-auction/e-tender cum e-auction
after determination of quantity and period not exceeding ten years. The land owner/owners
after completion of e-auction process of the area will take cognizance of the
highest bid and within seven working days get an opportunity to present an
offer higher than the highest bid before the District Magistrate having
territorial jurisdiction over the concerned area. If this right of first
refusal is not exercised by the land owner/owners, the lease will be approved
in favour of the highest bidder and the land owner/owners will have the right
to receive a compensation equal to the amount as decided by the State
Government from time to time, which will be in addition to the amount payable
to the State Government. Payment to land owner/owners will be mandatory along
with the payment to the State Government. (e) Private land situated
in the river bed of area minimum 1 hectare in which sand of morrum or Bajri or
Boulder or any of these in mixed state is available shall be leased out for the
maximum period of 6 months through e-tender/e-auction/e-tender cum e-auction: Provided that in
respective mine area the District Magistrate after confirming the availability
of mineral, suitability of area, certificate of land ownership, land owner's
affidavit for consent, shall process e-tender/e-auction/e-tender cum e-auction
after determination of quantity and period not exceeding six months. The land
owner/owners after completion of e-auction process of the area will take
cognizance of the highest bid and within seven working days get an opportunity
to present an offer higher than the highest bid before the District Magistrate
having territorial jurisdiction over the concerned area. If this right of first
refusal is not exercised by the land owner/owners, the lease will be approved
in favour of the highest bidder and the land owner/owners will have the right
to receive a compensation equal to the amount as decided by the State
Government from time to time, which will be in addition to the amount payable
to the State Government. Payment to land owner/owners will be mandatory along
with the payment to the State Government. (3) On the declaration of
the area under sub-rule (1) the provisions of chapters II, III, VI and IX
except Rules 10, 12, 17 and 93 shall not apply to the area or areas in respect
of which the declaration has been issued. Such area or areas may be leased out
according to the procedure described in this chapter. (4) The District Officer
shall get the area or areas declared under sub-rule (1), evaluated for quality
and quantity of mineral for fixing minimum bid or offer by the Director,
Geology and Mining, Uttar Pradesh or by an officer authorised by him before the
date fixed for e-tender/e-auction/e-tender-cum e-auction: Provided that the
District Magistrate, if the need so arises, may, through the technical
committee setup by the Government, assess the amount of minor mineral available
in the river bed, once in a year, post monsoon. In case of disagreement between
parties, the Director, Geology and Mining shall decide the matter and such
decision shall be final.". In the said rules,
for Rule 26, the following rule shall be substituted, namely "26.
Restriction on grant of lease. No person shall be
allowed to bid or take part in e-tender/e-auction/e-tender-cum e-auction for a
lease (a) Who is not an Indian
National. (b) Against whom mining
dues are outstanding. (c) Who has not obtained
a character certificate from the District Magistrate or State Government or the
Officer of the District duly authorised by it where he permanently resides,
issued on the basis of concerned police verification. (d) Who has not produced
his Aadhar Card. (e) Whose name has been
mentioned in the Black List. (f) In the cases of
Firm/Company, which has not produced/furnished its Pan No. and G.S.T.
Registration Certificate. (g) Who has not submitted
solvency certificate or solvency certificate with bank guarantee, of worth not
less than 25% of the bid amount.". In the said rules,
for Rule 27, the following rule shall be substituted, namely "27.
Procedure for approval/grant of Lease by E-tender/E-auction/E-tender-cum-E-auction. (1) Where the granting of
lease of e-tender/e-auction/e-tender-cum-e-auction is expedient, the District
Magistrate or Committee, as the case may be, shall fix the date, time and web
portal determined by the State Government for e-tender/e-auction/e-tender-cum-e-auction,
the procedure of which shall be such as may be determined by the State
Government from time to time. (2) Lease through
e-tender/e-auction/e-tender-cum e-auction shall be granted in the following
manner (a) The Committee
authorised by the District Magistrate or the State Government shall publish
public notice at least thirty days earlier to the concerned
e-tender/e-auction/e-tender-cum-e-auction mentioning inter alia Date, Time and
Web-portal determined by the State Government for such
e-tender/e-auction/e-tender-cum-e-auction. Provided that where
e-tender/e-auction/e-tender-cum-e-auction has not been completed due to any
reason, whatsoever, such e-tender/e-auction/e-tender-cum-e-auction may be
completed again after giving short term notice of not less than seven days. (b) The Public Notice of
e-tender/e-auction/e-tender-cum-e-auction shall be published in the manner
given below (i) copies of the notice
shall be displayed/pasted at the notice board of the office of the District
Magistrate; (ii) copy of the notice
shall be displayed on the web portal or website determined by the State
Government; (iii) the notice shall be
published in at least two national newspapers having circulation in the
District for the information of general public; and (iv) in such other manner
as may be directed by the State Government from time to time. (c) The District
Magistrate may appoint an officer subordinate to him not below the rank of
Additional District Magistrate, as presiding officer, for the purpose of
e-tender/e-auction/e-tender-cum-e-auction. (d) The details of area
or areas and terms and conditions of the lease for
e-tender/e-auction/e-tender-cum-e-auction shall be mentioned in the notice to
be issued. (e) Any person, who might
be interested in participation with the proceedings concerning
e-tender/e-auction/e-tender-cum-e-auction, will deposit Rupees Fifteen Thousand
as fee which shall be non-refundable as prescribed and provided by the State
Government. (f) Every bidder/tenderer
desiring to participate in e-tender/e-auction/e-tender-cum-e-auction shall
deposit such amount as earnest money as specified in the notice. (g) The earnest money
deposited by the bidders/tenderers will be returned to them except the
successful bidder/tenderer. (3) Upon grant of lease, the
lease-holder of river bed minerals such as sand, morrum, bajri-boulder shall
make payment of such amount as mentioned in the fifth schedule and the
lease-holder of other minerals shall make payment of such amount as mentioned
in the fourth schedule.". In the said rules,
for Rule 28, the following rule shall be substituted, namely "28.
Grant of lease. (1) The District Officer
or the Committee, as the case may be, shall in the case of e-tender accept the
highest offer in the case of e-auction accept the highest bid and in the case
of e-auction-cum-e-tender accept the bid or offer whichever is highest. (2) The District
Magistrate shall declare the highest bid/offer of concerned
e-tender/e-auction/e-tender-cum-e-auction and a letter of intent shall be
issued to the person whose bid or offer is accepted which shall include (i) The successful bidder
shall immediately deposit 25 per cent of the amount of bid as security for
execution of the lease deed and due observance of the terms and conditions of
the lease and an equal amount as first instalment of royalty within two working
days. The amount of earnest money will be adjusted into the first instalment
amount. (ii) The amount payable
for the first year will be determined by multiplying Mineral quantity mentioned
in the environment clearance certificate with the rate obtained in the
e-tender/auction. (iii) For the subsequent
years the amount payable will be increased at the rate of ten per cent on the
preceding year's payable amount. (iv) The amount of
e-tender/e-auction shall be determined for river bed mineral such as sand,
morrum, bajri-boulder as mentioned in the fifth schedule and for other mineral
as mentioned in the fourth schedule. (v) Demarcation of an
area granted under lease shall be done in accordance with the provisions of
Rule 17 and boundary pillars shall be fixed in accordance with Rule 35 and
maintenance thereof shall be done in accordance with the said rule. (vi) The conditions of
lease shall be mentioned. (3) If any bid or offer
in e-tender/e-auction/e-tender-cum-e-auction is not satisfactory in the opinion
of the District Magistrate, he may reject all the bids and offers in
e-tender/e-auction/e-tender-cum-e-auction and order for fresh e-auction or
e-tender all e-tender-cum-e-auction after recording reasons therefore.". In the said rules,
after Rule 29, the following rule shall be inserted, namely "29-A.
Surrender of Mining Lease. (1) lease-holder on the
intended day of surrender, shall submit over and above security deposit, an
amount equivalent to 25% of the annual instalment of that year and apply for
surrender along with the following documents (a) No objection for
transfer of Environment Clearance Certificate obtained for the concerned lease
area in favour of the State Government or subsequent proponent. (b) Certificate of money
deposited for difference between quantity mentioned in Environment Clearance
and mined out quantity or in case of no difference, a Certificate in this
regard for the concerned lease issued by Mines Officer/Mines Inspector. In accordance with
the above, lease-holder will be prohibited from carrying out mining activities
from the date of application for surrender of lease and the area will be deemed
to be vacant.". In the said rules,
for Rule 34, the following rule shall be substituted, namely "34.
Mining operations to commence within six months. (1) The Selected
Applicant before the execution of mining lease deed under the provision of
Chapter II, IV and IX or issuing a mining permit under Chapter VI of these
rules, shall get prepared a mining plan by the person, recognised and
registered by the Director, having the qualification and experience namely (i) a degree in Mining
Engineering or postgraduate degree in Geology granted by university established
or incorporated by or under Central Act or a Provincial Act or a State Act,
including any institution recognised by the University Grants Commission established
under Section 4 of the University Grants Commission Act, 1956; and (ii) professional
Experience of 5 years of working in a Supervisory Capacity in the field of
mining after obtaining the degree. (2) The Selected
applicant shall, within one month of issuance of letter of intent, submit the
mining plan for approval to the Officer authorised by notification in this
behalf by the State Government, who may within thirty days from the date of
receipt of mining plan approve, modify or reject it positively. The project
proponent shall, within one month of approval of mining plan, submit the
application for grant of Environment Clearance to the competent authority. (3) The mining plan once
approved shall be valid for entire duration of the mining lease/permit or for
five years whichever is earlier. If the lease period is more than five years,
then in that case the lease-holder will resubmit mining plan before the Officer
authorised by notification in this behalf by the State Government. (4) Mining operations
shall in respect of all minor mineral be undertaken in accordance with the
mining plan, detailing yearly development scheme, aspect of reclamation and
rehabilitation of mined out areas including progressive mine closure scheme
duly approved by the Officer authorised by notification in this behalf by the
State Government: Provided that the
lessee shall start the mining operation after obtaining environmental clearance
if required under the provisions of Environment Impact Assessment Notification,
dated September 14, 2006 issued by the Ministry of Environment, Forest and
climate change, Government of India as amended from time to time. During the
process of grant of Environment clearance, the proponent shall be bound to
complete all desired formalities to resolve the objections raised by the
competent authority within the required time frame: Provided further that
an application seeking prior environmental clearance in all cases shall be made
by the project proponent or end-user agency as the case may be, in as provided
in Paragraph 6 of the Environment Impact Assessment Notification, dated
September 14, 2006 as Amended from time to time. (5) The mining lease deed
will be executed only after approval of mining plan by the Officer authorised
by notification in this behalf by the State Government and within one month
from the date of issuance of environment clearance certificate in favour of the
proponent. Mining operation shall commence, immediately for the lessee of river
bed mineral within 3 (three) months from the date of the execution of the lease
deed by the lessee of other minor minerals and the lessee shall thereafter
conduct such operations without deliberate intermission in a proper, skillful
in workman like manner. (6) Financial assurance
has to be furnished by every lease-holder. The amount of financial assurance
shall be Rupees Twenty five thousand for insitu-rock deposit and Rupees Fifteen
thousand for sand or morrum or bajari or boulder or any of these in mixed state
exclusively found in the river bed mines per acres of the mining lease area put
to use for mining and allied activities. However, the minimum amount of
financial assurance to be furnished in any of the forms referred to in sub-rule
(7) shall be Rupees Two lakhs for each category of mines be respective of area. Provided that a
lease-holder shall be required to enhance the amount of financial assurance
with the increase in the area of mining and allied activities: Provided further that
where a leaseholder undertakes reclamation and rehabilitation measures as part
of the progressive closure of mine, the amount so spent shall be reckoned as
sum of the financial assurance already spent by the leaseholder and the total
amount of financial assurance, to be furnished by the lessee, shall be reduced
to that extent. (7) The financial
assurance shall be submitted by the lessee before the execution of lease deed
in one of the following forms to the District Officer or the officer authorised
by the State Government in this behalf, as the case may be, or any amendment to
it. (a) Letter of Credit from
any Scheduled Bank; (b) Performance or surety
bond; (c) Any other form of
security or any other guarantees acceptable to the competent authority. (8) Release of financial
assurance shall be effective upon the notice given by the lessee for the
satisfactory compliance of the provisions contained in the mine closure scheme
and certified by the District officer or the Officer authorised by the State
Government in this behalf, as the case may be. (9) If the District
Officer or the Officer authorised by the State Government in this behalf, has
reasonable grounds for believing that the protective, reclamation and
rehabilitation measures as envisaged in the approved 'mine closure scheme' as
given in mining plan in respect of which financial assurance was given has not
been or will not be carried out in accordance with the 'mine closure scheme'
either fully or partially, the District Officer or the Officer authorised by
the State Government in this behalf shall give the lessee a written notice of
his intention to issue the orders for forfeiting the sum assured at least
thirty days prior to the date of the order to be issued. (10) Within the thirty
days of the receipt of notice referred in sub-rule (9), if no satisfactory
reply has been received in writing from the lessee, the District Officer or the
Officer authorised by the State Government in this behalf, as the case may be,
shall pass an order for forfeiting the surety amount and a copy of such order
shall be endorsed to the State Government. (11) Upon the issuance or
order by the District Officer or the officer authorised by the State Government
in this behalf, the State Government may realise any letter of credit or bond
or any other surety, guarantee provided or obtained as financial assurance for
the purpose of performance of protective reclamation, rehabilitation measures
and shall carry out those measures, or appoint an agent to do so. Explanation. for
the purpose of this rule mining operations shall include the erection of
machinery, use of machine laying of a tramway or construction of road in
connection with the working of the mines.". In the said rules,
for Rule 40, the following rule shall be substituted, namely "40.
Liberties, powers and Privileges of the lessee. Subject to the restrictions
and conditions mentioned in Rule 41 and the directions issued from time to
time, by the Ministry of Environment, Forest and Climate Change of Government
of India, a person holding a mining lease under these rules may have the
liberty, power and privilege which are as under (a) to enter upon the
lands mentioned in the lease and to search for mine, bore, dig, drill or win,
work, dress, process, convert, carry away and dispose of the mineral for which
the lease is held; (b) to make in the said
lands any pits, shafts, inclines, levels, waterways or other works; (c) The lessee may quarry
with the help of machine except in the stream of water, and may also use
machine for, loading and unloading as per the condition specified in the
Environmental Clearance certificate. With prior approval from the District
Magistrate the lessee may erect and construct on the land any machinery, plant,
dressing, floors, furnaces, brick kiln, workshop, storehouse and other
buildings of like nature. (d) to make any, roads
and other ways over the said lands and use and pass over the same; (e) to quarry and get
stone gravel and other building and road materials and lay and to use the same
and to manufacture such clay into bricks or tiles and to use such bricks or
tiles but not to sell any such materials, bricks or tiles; (f) to use a sufficient
part of the surface of the said lands for the purpose of storing or depositing
any produce of the mines or works carried on and any tools, equipment, earth
and materials and substances dug or raised; and (g) subject to the
existing rights of others and save as provided in clause (d) or Rule 41 to
clear undergrowth and brushwood and to fell and utilise any itress or timber
standing or found on the said lands, provided that the lessee may be asked by
the District Officer to pay for any trees or timber felled and utilised by him
at the rates to be determined, having regard to their market value, by the
District Officer; (h) in the event of
disruption of mining operation in the lease area owing to any special circumstances,
the District Magistrate with the prior approval of the State Government shall
adjust the amount equivalent to the instalment payable during the disrupted
period, online against the forthcoming instalment.". In the said rules,
for Rule 41, the following rule shall be substituted, namely "41.
Restrictions and conditions as to
exercise of the liberties, powers and privileges of. The holder of a lease
shall the liberties, power and privileges mentioned in Rule 40 subject to the
following restrictions and conditions: (a) Nothing shall be
erected or setup and no surface operations shall be (1) in or upon any public
pleasure ground, burning or burial ground, or any place held (sacred) by class
of persons, or house or village site, public road and or other place which may
be declared by the District Officer as public place; and (2) in such a manner as
to injure or prejudicially affect any building work, property or rights of
other persons; (b) No. land shall be
used for surface operations by persons, which is already occupied by persons,
other than the State Government, for works or purposes not included in the
lease; (c) No right of way, well
or tank shall be interfered with; (d) No entry shall be
made on any reserved, protected or vested forest without the previous sanction
in writing of the Divisional Forest Officer nor shall any trees or timber be
felled, cut or used without obtaining the sanction in writing of that Officer
nor otherwise than in accordance with such conditions as the State Government
may impose in this behalf; (e) No mining operation
shall be carried on at or to any point within a distance 50 metres from any
railway line except with the previous written permission of the Railway
Administration concern, or from any reservoir, canal or other public works,
such as public roads and buildings or inhabited site except with the previous
written permission of the District Officer or any other officer authorised by
the State Government in this behalf and otherwise than in accordance with such
instructions and conditions either general or special, which may be attached to
such permission. The said distance of 50 metres shall be measured in case of
railway reservoir, canal or road horizontally from the outer toe of the Bank or
the outer edge of the cutting, has the case may be, and in case of a building
horizontally from plinth thereof; Provided that the distance in the case of a
village road shall be 10 metres from the outer edge of the cutting; and Explanation. For
the purpose of this sub-rule, the expression 'public road', shall mean a road
which has been constructed after being artificially surfaced as distinct from a
track resulting from repeated use, and 'village road' will include any track
shown in the revenue record as village road; (f) The existing and
future holders of Government lease or permit in respect of any land which is
comprised in or adjoins or is reached by the land held by the lease shall be
allowed reasonable facilities of the access thereto. In case any loss or damage
is caused by such lease or permit-holders by exercise of this liberty a fair
compensation (as may be mutually agreed upon or in the event of disagreement as
may be decided by the State Government) shall be payable therefor by such lease
or permit-holder to the lessee; (g) The lessee is bound
to keep vigilance for not polluting the environment of the lease-hold area and
nearby area in connection with mining operation and also maintain ecological
balance of the area. If at any time it is found that the mining operation are
leading to environment pollution or imbalance of ecology, then after giving an
opportunity of being heard, the lease may be prematurely terminated. (h) (1) The lessee shall
not do any mining operation beyond the depth of three meters or water level
whichever is less in the river bed and no mining shall be carried out in the
safety zone so worked out by the District Officer. Provided that no
mining shall be carried out into the water stream with the help of suction
machine or the lifter, etc.: (2) Lessee/permit
holder will display the rate of sale price at the place where eMM-11/MM-11 is
issued: Provided that if in
the opinion of the State Government the maximum rate of sale price is to be
fixed, it may be directed to the concession holder: (i) The lessee shall be
bound to undertake the loading of minerals in his approved lease area in
accordance with the norms laid down by the Government of India.". In the said rules,
for Rule 52-A, the following rule shall be substituted, namely "52-A.
Procedure for Grant of Mining Permit on Agricultural Land. (1) Notwithstanding
anything contained in Rule 72, the bhumidhar of agricultural land may apply for
grant of mining permit for removal of sand or morrum or Bajri or Boulder or any
of these in mixed state accumulated due to flood on his agricultural land in
Form MM-8, in triplicate to the District Officer, accompanied by a fee of Rs.
2000 (Rupees Two thousand) Only, and two copies of a cadastral Survey map on
which the area, applied for, is clearly marked. (2) The District Officer
shall cause an enquiry, if deemed necessary, through concerned Tahsildar and
Mines Officer/Mines Inspector on the following points (a) Whether the sand or
morrum or Bajri or Boulder or any of these ill mixed state have been
accumulated on the applied land due to floods; (b) Whether the name of
the applicant/applicants is/are recorded as bhumidhars on the applied area; (c) Whether due to
accumulation of sand or morrum or Bajri or Boulder or any of these in mixed
state, the applicant/applicants is/are suffering loss on account of
non-utilisation of such applied land; (d) Whether such land was
utilised for agricultural purposes in the past 5 years; (e) Whether the quantity
of the minor mineral, applied by the applicant, is available on the applied
area; (f) Whether the applied
area for mining permit is suitable for mining. (3) In the light of
aforementioned point wise report submitted by the Tahsilder/Mines Officer or
Mines Inspector, as the case may be, the District Officer may grant the mining
permit for a period not more than three months in a Fasli year in favour of the
bhumidhar, after realising double the amount of royalty in advance. (4) Except abovementioned
provisions, the other provisions of these rules will apply mutatis mutandis to
the mining permit granted under this rule.". In the said rules,
for Rule 58, the following rule shall be substituted, namely "58.
Consequences of non-payment of royalty rent or other dues. (1) The State Government
or any officer authorised by it in this behalf may terminate the mining lease
after serving a notice on the lessee to pay within thirty days of the receipt
of the notice any amount due or dead rent under the lease including the royalty
due to the State Government if it was not paid within fifteen days next after
the date fixed for such payment. This right shall be in addition to and without
prejudice to the right of the State Government to realise such dues from the
lessee as arrears of land revenue. (2) Without prejudice to
the provisions of these rules, simple, interest at the rate of 18 per cent per
annum may be charged on any rent, royalty, demarcation fee and any other dues
under these rules, due to the State Government after the expiry of the period
of notice under sub-rule (1). Provided that the
District Magistrate, after adjusting the security money, against the total
amount due, shall issue recovery certificate for recovery of the outstanding
amount.". In the said rules,
for Rule 59, following rule shall be substituted, namely "59.
Consequences of contravention of certain conditions. (1) The proponent who has
received letter of intent however has not produced mining plan or has not
applied for grant of Environment Clearance within the stipulated period of one
month as per the provisions mentioned in Rule 34 shall be liable for penalty of
Rs. Ten thousand per day. On failure to deposit the amount of penalty, the same
shall be deducted by the District Magistrate from the security money deposited
against the concerned lease. In case the proponent fails to execute the lease
deed within one month of obtaining environment clearance certificate, the
District Magistrate shall, subsequent to cancelling the letter of intent,
forfeit the first instalment and security money deposited by the proponent in
favour of the State Government. (2) The lessee who does
mining works contravening the terms and conditions mentioned in the approved
mining plan and clean environment certificate issued as per the provisions
provided under Rule 34, then he will be liable for penalty at the rate of Rs.
50,000 per occasion of default that shall be recovered by the District
Magistrate. (3) If the lease-holder
disobeys the provisions of Rule 35 then penalty at the rate of Rupees Twenty
five thousand per day for each and every default shall be levied by the
concerned District Magistrate. In case of default on deposit of such levied
penalty the concerned District Magistrate will deduct the said amount from the
amount of security deposited against the said mining lease. (4) According to the
provisions provided under Rule 41-H mining work through suction machine/lifter
into the water stream will be prohibited. If any lessee is found contravening
the provisions of the said rule then he will be liable for penalty at the rate
of Rs. five lakh per occasion of contravening act, which will be recovered on
the order of District Magistrate or Director, Geology and Mining. On failure to
deposit of the abovementioned amount of penalty the same shall be deducted by
the District Magistrate from the security money deposited against the concerned
lease. (5) Any lessee holding a
mining lease who commits a breach of any of the conditions provided in Rule 44
shall be liable for levy/penalty of Rs. Fifty thousand. On failure to deposit
the said amount of penalty the same shall be deducted by the District
Magistrate From the security money deposited against the concerned lease. (6) Where the
lease-holder fails to conform to the prescribed loading norms, penalty of Rs.
25,000.00 per occasion of default shall be imposed by the District Magistrate.
Upon failure to deposit the said penalty, the same shall be deducted by the
District Magistrate from the security money deposited against the concerned
lease. (7) Where the proponent
fails to complete all desired formalities for obtaining Environment Clearance
as required by the competent authority within the stipulated time frame,
District Magistrate may cancel the letter of intent issued in his
favour.". In the said rules,
for Rule 60, following rule shall be substituted, namely "60.
Consequences of contravention of rules and conditions of lease generally. (1) In case of any breach
or contravention by a lessee of any of these rules or conditions and covenants
contained or deemed to be contained in the lease except those relating to payment
of royalty, rent or other sums due to the State Government, the State
Government may, after giving the lessee a reasonable opportunity to State his
case, terminate the lease. The right shall be in addition to and without
prejudice to the provisions of Rule 59 (2) If a lease is
terminated under sub-rule (1) or Rule 58, the lessee may be black listed by the
District Officer for such period, not exceeding two years, as he may consider
proper which shall be uploaded on the website of the department and during the
said period no mineral concession under these rules shall be granted to him. An
entry in this regard shall be made in the remarks column of the registers of
mining lease or the auction lease, as the case may be. (3) If any person other
than the mining lease-holder or entity held is convicted for the charge of
illegal mining transportation, then beside the penalty/punishment, name of such
person or entity will be listed into the blacklist by the State Government and
will be uploaded and displayed on the website of the department and no mining
lease under this rules shall be granted within such period in favour of the
said person or entity.". In the said rules,
for Rule 63, the following rule shall be substituted, namely "63.
Change of name, nationality, etc. (1) An applicant for or
the holder of a mining lease shall intimate to the State Government within
sixty days any change that may take place in his name, nationality or other
particulars mentioned in the relevant Forms. (2) In the case of the
death of an applicant/leaseholder, application of the mining lease/executed
mining lease will be considered in favour of his legal heir. In this regard,
after proper examination, order will be issued by the District
Magistrate.". In the said rules,
for Rule 68-A, the following rule shall be substituted, namely "68-A.
Power of State Government to reserve mines. (1) Notwithstanding
anything to the contrary contained in these rules, the State Government may, by
a written order, reserve any area to a Government organisation or any
person/company in the interest of industrial promotion, for mining operation
subject to such terms and conditions as may be specified in the said order. (2) Upon such
reservation, mining lease or mining permit as the case may be for the area so
reserved, shall be granted to the Government organisation or any person/company
in the interest of industrial promotion, in whose favour the reservation has
been made subject to such terms and conditions as may be decided by the State
Government. (3) The mining lease for
a period not exceeding 10 years may be granted under this rule, as may be
decided, by the State Government. (4) The Lessee, to whom a
lease has been granted under this rule, shall pay to the Government all amount
payable by a lessee under these rules and such additional charges as may be
decided by the State Government from time to time. Explanation. For
the purposes of this rule, "Government organisation" shall mean a
Government department or corporation established under any Central or State Act
or a Government company within the meaning of clause (45) of Section 2 of the
companies Act, 2013 and includes State authorities or organisation controlled
substantially by Central or State Government.". In the said rules,
for the Form MM-11, the following form shall be substituted, namely In the said rules
after fourth schedule, the following schedule shall be inserted, namely "FIFTH
SCHEDULE Schedule
for E-tender/E-Auction amount deposited [Rule
27(3)] Period during which lease is Granted Percentage of E-tender/E-Auction
amount to be deposited Instalments 1 2 3 4 January First Year 20% 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June 10% 1 October 10% 1 November 10% 1 December Subsequent years 20% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June 10% 1 October 10% 1 November 10% 1 December February First year 20% 10% 1 March 10% 1 April 10% 1 May 10% 1 June 10% 1 October 10% 1 November 10% 1 December 10% 1 January Subsequent years 20% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June 10% 1 October 10% 1 November 10% 1 December 10% 1 January March First year 20% 10% 1 April 10% 1 May 10% 1 June 10% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February Subsequent years 20% 1 March 10% 1 April 10% 1 May 10% 1 June 10% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February April First year 20% 10% 1 May 10% 1 June 10% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March Subsequent years 20% 1 April 10% 1 May 10% 1 June 10% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March May First year 20% 10% 1 June 10% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April Subsequent years 20% 1 May 10% 1 June 10% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April June First year 20% 10% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May Subsequent years 20% 1 June 10% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May July First year 20% 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June Subsequent years 20% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June Aug First year 20% 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June Subsequent years 20% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June September First year 20% 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June Subsequent years 20% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June October First year 20% 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June Subsequent years 20% 1 October 10% 1 November 10% 1 December 10% 1 January 10% 1 February 10%] March 10% 1 April 10% 1 May 10% 1 June November First year 20% 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June 10% 1 October Subsequent years 20% 1 November 10% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June 10% 1 October December First year 20% 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June 10% 1 October 10% 1 November Subsequent years 20% 1 December 10% 1 January 10% 1 February 10% 1 March 10% 1 April 10% 1 May 10% 1 June 10% 1 October 10% 1 NovemberUTTAR PRADESH MINOR MINERALS (CONCESSION)
(FORTY SEVENTH AMENDMENT) RULES, 2019
PREAMBLE