Amendment status not verified — confirm the current text below against the official source.
(1) Every quarrying lease shall be subject to the following conditions, and such conditions shall be incorporated in every quarrying lease deed- (a) The lessee shall report to the authority who has sanctioned the lease, the discovery in the leased area of any mineral not specified in the lease within 15 days of such discovery; (b) If any mineral not specified in the lease is discovered in the leased area, the lessee shall not win or dispose of such mineral unless a separate lease is obtained therefor under the relevant rules and if he fails to apply for such a lease within six months from the discovery of the mineral the State Government may grant a lease in respect of such mineral to any other person; (c) The lessee shall pay to the State Government royalty on any mineral moved out of the quarry hold at the rates specified in schedule I as may be fixed by the State Government from time to time. [provided that in the case of quarrying leaseholder those who opt for consolidated royalty payment system, need to remit the amount prescribed in the higher slab of the schedule V, i.e., Rs. 1,00,000 per annum]. (d) The lessee shall pay the State Government for every year, except the first year of lease such yearly dead rent within the limits specified in schedule II, as may be fixed from time to time by the State Government. Where the lease permits the working of any mineral, the lessee shall be liable to pay dead rent or royalty in respect of that mineral, whichever be higher in amount but not both: Provided that where the lease permits the working of more than one mineral in the same area, the lessee shall be liable to pay dead rent or royalty in respect of each mineral subject to the restriction mentioned above in respect of any mineral: Provided further that where the quarrying of one mineral involves the quarrying of any other mineral or minerals and lease permits the working of such other mineral or minerals also the lessee shall be liable to pay dead rent for only one mineral the highest dead rent being payable for this purpose in lieu of the combined royalty, if the latter is less than the former. (e) The lessee shall also pay to the State Government for the surface area used by him for the purpose of mining operations surface rent at such rate as may be specified in the lease, but not exceeding the land revenue and cesses assessable on the land from time to time; (f) The lessee shall not employ in connection with the mining operations any person who is not an Indian National Except with the previous approval of the State Government or the competent authority; (g) Unless the State Government or the competent authority for sufficient cause permit or permits otherwise the lessee shall commence mining operations within three months from the date of execution of the lease and shall thereafter conduct such operations in a proper, skilful and workman like manner. Explanation:- For the purpose of this clause mining operations shall include the errection of machinery, laying of a tramway or construction of a road in connection with the working of the mine; (h) The lessee shall at his own expense erect and at all times maintain and keep in good repair boundary marks and pillars necessary to indicate the demarcation shown in the plan annexed to the lease. (i) The lessee shall not carry on, or allow to be carried on any mining operations at any point within a distance of 75 metres from any railway line, except under and in accordance with written permission of the railway administration or from any bridge on National Highway or 50 metres from any reservoir, tanks, canals, roads, bridges, other public works, residential buildings, the boundary walls of places of worship, burial grounds or burning ghats, except under and in accordance with the previous permission of the State Government or the competent authority. The railway administration or the State Government or the competent authority may in granting such permission impose such conditions as may be found necessary. Provided that except in cases of sand no mining operations shall be carried on within 50 metres of any river bank. (j) The lessee shall keep correct accounts showing the quantity and other particulars of all minor minerals obtained from the mine, datewise, quantities of despatches from the lease hold, the price obtained for such minerals, the name of the purchasers, the receipts for money received, the number of persons employed therein, and shall allow any officer authorised by the State Government or the competent authority in this behalf to examine at any time any accounts and records maintained by him and shall furnish the State Government or the competent authority with such information and returns as may be required. (k) The lessee shall keep accurate records of all trenches and pits made by him in the course of quarrying operations carried on by him under the lease, and shall allow any officer authorised by the State Government or the competent authority to inspect the same. Such records shall contain the following particulars namely:- (i) The sub-soil and strata through which such trenches or pits or drillings pass; (ii) any mineral encountered; (iii) Such other particulars as the State Government or the competent authority may, from time to time, require; (l) The lessee shall support and strengthen, to the satisfaction of the railway administration concerned or the State Government or the competent authority, as the case may be, any part of the quarry which in its or their opinion requires such strengthening or support for the safety of any railway, reservoir, canal, road or any other public works or buildings; (m) The lessee shall allow any officer authorised by the State Government or the competent authority and the Central Government to enter upon any building, excavation or land comprised in the lease for the purpose of inspecting the same; (n) The lessee shall give to:- 1A[(i) to the Deputy Director General, Directorate General of Mines Safety, Southern Zone, Bengaluru - 560 029; (ii) The Regional Controller of Mines, Yeshwantpur, Bengaluru - 560 022; and (iii) The District Magistrate of the district in which the mine is situated;] a notice in writing in form 'E' appended to these rules, as soon as:- (a) the workings in the mine extent below superjacent ground; or (b) the depth of any open cast excavation measured from its highest to the lowest point reaches 6 metres; or (c) the number of persons employed on any day is more than 50; or (d) any explosives are used; (o) the State Government or the competent authority shall at all times have the right of pre-emption of the minor minerals won from the land in respect of which the lease has been granted; Provided that the fair market price prevailing at the time of pre-emption shall be paid to the lessee for all such minor minerals; (p) the lessee shall: (i) submit by the tenth day of every month, to the competent authority, a return in form F giving the total quantity of minor minerals raised in the preceding calendar month and its value; (ii) furnish by the 15th April of every year to the competent authority, a statement in form G giving information regarding quantity and value of minor minerals obtained during the last financial year, average number of labourers employed (men and women separately), number of accidents, compensation paid and number of days worked separately; [(pp) The lessee shall be responsible for implementing the provisions of the various labour laws applicable, from time to time, to the quarry. (ppp) the lessee shall not assign, sub-let or transfer his lease or any right, title or interest therein to any person without the previous sanction in writing of the State Government or competent authority as provided in rule 34. (pppp) where any lease or any right, title or interest therein has been, assigned, sublet or transferred as provided in clause (ppp), then the person in whose favour such assignment, sublease or transfer has been made shall be responsible for implementing the provisions of the various labour laws applicable, from time to time, to the quarry.]; (q) a quarrying lease may contain such other conditions as the State Government or the competent authority may deem necessary in regard to the following matter, namely: - (i) the time limit, mode and place of payment of rents and royalties for this purpose minerals shall be moved from the quarryhold only on permits issued by the competent authority on the basis of prepaid royalty; (ii) the compensation for damage to the land covered by the lease; (iii)the felling of trees; (iv) the restrictions of surface operations in any area prohibited by any authority; (v) the notice by lessee for surface occupation; (vi) the facilities to be given by the lessee for working other minor minerals in the leased area or adjacent areas; (vii) the entering and working in a reserved or protected forest; (viii) the securing of pits and shafts; (ix) the reporting of accidents; (x) the indemnity to the State Government against claim of third parties; (xi) the delivery of possession over lands and mines or the surrender, expiration or determination of the lease; (xii) the forfeiture of property left after determination of lease; (xiii) the power to take possession of plant, machinery, premises and mines in the event of war or emergency; (xiv) the provision of proper weighing machines. (2) (a) If the lessee does not allow entry or inspection under clause (i) or (j) or (1) of sub rule (i), the State Government or the competent authority shall give notice in writing to the lessee requiring him to show cause within 30 days why the lease should not be determined and his security deposit forfeited, and if the lessee fails to show cause within the aforesaid period to the satisfaction of the State Government or the competent authority they or it may determine the lease and forfeit the whole or part of the security deposit. (b) If the lessee makes any default in payment of dues to the State Government or commits breach of any of the conditions other than those referred to in clause (a) the State Government or the competent authority shall issue notice to the lessee requiring him to pay the dues or remedy the breach, within 30 days from the date of receipt of the notice and if the payment is not made or the breach is not remedied within such period, the State Government or the competent authority may without prejudice to any proceeding that may be taken against him, require the lessee to pay a penalty not exceeding an amount equivalent to five times the annual dead rent. (c) A quarrying lease may contain any other special conditions as may be specified by the State Government. Inserted by SRO 270/2008. Substituted by SRO 217/2014 dt 24/03/2014 Inserted by Notn. No. 1901/K2/82/ID dt. 25/03/1983, pub. in K.G. No. 23/06/1983 as SRO 726/83.