REGD NO. JK––33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––– CONTENTS | English Pages | Vernacu- lar pages | |
| PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... PART 11-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... PART II- B– Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule .... PART II-C– Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV– Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V– Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... | 412-422 483-490 91-92 583-598 213-220 | 217-220 |
Printed at the Ranbir Government Press, Jammu.
412 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Notification
No. 482 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Tanveerah Rahim S/o Mr. Abdul Rahim Dar R/o Marazigund, Rafiabad, Tehsil Rohama, District Baramulla vide Notification No. 318 dated 31-05-2014 for a period of one year has been extended till 31-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
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Notification
No. 483 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Prannoy Kundan S/o Mr. Kuldeep Kumar R/o 142-A, Janki Vihar, Lane No. 2, Old Janipur, Jammu vide Notification No. 894 dated 22-02-2014 for a period of one year has been extended till 22-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
No. 46 ] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 413 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification
No. 484 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Muneeb Jeelani Khan S/o Mr. Ghulam Jeelani Khan R/o Mustafa Abad Colony, Lakoora, Srinagar vide Notification No. 204 dated 26-05-2011 for a period of one year has been extended till 26-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 485 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Marouf Khan S/o Mr. Abdul Ahad Khan R/o H. No. 149, Umer Colony, Lal Nagar, Chanapora, Srinagar vide Notification No. 502 dated 13-10-2014 for a period of one year has been extended till 13-10-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 486 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Nachiketa Vijay Suri S/o Mr. Vijay Suri R/o 6, Roulkhi, Bakshi Nagar, Jammu vide Notification No. 1061 dated 19-03-2014 for a period of one year has been extended till 19-12-2016 subject to the verification of Certificates/Degrees.
414 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 487 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Mohd. Yasir Bhat S/o Mr. Mohd. Ismail Bhat R/o W. No. 6, Near Nishat Park, Nishat Mohalla, Bandipora vide Notification No. 828 dated 24-12-2013 for a period of one year has been extended till 24-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 488 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Waheed Ahmad Dar S/o Mr. Gh. Ahmad Dar R/o Chatterhama Astan Mohalla, Hazratbal, Srinagar vide Notification No. 815 dated 17-12-2013 for a period of one year has been extended till 17-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 489 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Saiema Nissar D/o Mr. Nissar Ahmad Sheikh R/o Pantha Chowk, Srinagar vide Notification No. 730 dated 14-11-2014 for a period of one year has been extended till 14-12-2016 subject to the verification of Certificates/Degrees.
No. 46 ] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 415 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 490 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Asiya Farooq D/o Mr. Farooq Ahmad Moghal R/o 118-1/A, Housing Colony, Bemina, Srinagar, Ibrahim Sector vide Notification No. 1133 dated 20-03-2014 for a period of one year has been extended till 20-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 491 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Rosy Sharma D/o Mr. Parshotam Lal Sharma R/o 3/107, Vikas Nagar, Sarwal, Rehari-5, Jammu vide Notification No. 1189 dated 24-02-2015 for a period of one year has been extended till 24-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
416 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification
No. 492 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Abdul Basit Wani S/o Mr. Mohd. Yousuf Wani R/o Hargam, Shopian, Taing Mohalla, Shopian vide Notification No. 367 dated 14-07-2014 for a period of one year has been extended till 14-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 493 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Ulfat Jan D/o Mr. Abdul Hamid Malik R/o Gulab Bagh (Majoor Colony), Ganderbal vide Notification No. 1095 dated 19-03-2014 for a period of one year has been extended till 19-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 494 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Arshi Jan D/o Mr. Mushtaq Ahmad Dar R/o Payeen, Rambagh Bund, Srinagar vide Notification No. 1152 dated 20-03-2014 for a period of one year has been extended till 20-12-2016 subject to the verification of Certificates/Degrees.
No. 46 ] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 417 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
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Notification
No. 495 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Anjum-ul-Sehar D/o Mr. Mohd. Amin Sheikh R/o K. P. Road, Prana Bhawan, Mattan, Anantnag vide Notification No. 590 dated 29-11-2012 for a period of one year has been extended till 29-11-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 496 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Roomie Jan D/o Mr. Ab. Hamid Naik R/o Reshipora, Kulgam vide Notification No. 351 dated 14-07-2014 for a period of one year has been extended till 14-12-2016 subject to the verification of Certificates/ Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
418 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification
No. 497 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Mubashir Bashir Malik S/o Mr. Bashir Ahmad Malik R/o Doosu, Arabal, Anantnag vide Notification No. 228 dated 22-07-2013 for a period of one year has been extended till 22-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 498 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Ishfaq Hussain Ganie S/o Mr. Mohd. Akber Ganie R/o Nowgam, Shangus, Anantnag vide Notification No. 789 dated 01-03-2013 for a period of one year has been extended till 01-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 499 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Kuldeep Singh Chib S/o Mr. Swaran Singh Chib R/o Rakh Baran, P/O Kangrail, Jammu vide Notification No. 511 dated 13-10-2014 for a period of one year has been extended till 13-12-2016 subject to the verification of Certificates/Degrees.
No. 46 ] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 419 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
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Notification
No. 500 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Aejaz Ali Dar S/o Mr. Ali Mohammad Dar R/o Darbagh, Aglar Chirat, Shopian vide Notification No. 305 dated 13-06-2012 for a period of one year has been extended till 13-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 501 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Nasar Ahmad Sofi S/o Mr. Mohd. Rafiq R/o Dharana, P/O Mendhar, Poonch vide Notification No. 1392 dated 30-03-2015 for a period of one year has been extended till 30-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
420 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification
No. 502 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Mubashir Hussain Khan S/o Mr. Ashaq Hussain Khan R/o Khan Mohalla, Checki-i-Wangund, Qazigund, Dooru, Anantnag vide Notification No. 509 dated 06-09-2013 for a period of one year has been extended till 06-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 503 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Sabina Sahni D/o Mr. Harinder Singh Sahni R/o Idgah Road, Jammu vide Notification No. 271 dated 23-05-2014 for a period of one year has been extended till 23-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 504 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Basharat Shaheen S/o Mr. Jameel Ahmad Wani R/o Gulzarpora, Awantipora, District Pulwama vide Notification No. 856 dated 19-12-2014 for a period of one year has been extended till 19-12-2016 subject to the verification of Certificates/Degrees.
No. 46 ] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 421 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 505 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Adual Saleem S/o Mohd. Saleem R/o Uchhad, Mendhar, Tehsil Mankote, District Poonch vide Notification No. 7 dated 18-04-2015 for a period of one year has been extended till 18-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 506 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Ashfaq Rasool S/o Mr. Ghulam Rasool R/o Uri, Baramulla vide Notification No. 497 dated 05-09-2013 for a period of one year has been extended till 05-12-2016 subject to the verification of Certificates/ Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
422 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification
No. 507 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Musarat-ul-Islam S/o Mr. Abdul Aziz Dar R/o Saida Kadal, Srinagar vide Notification No. 661 dated 17-10-2014 for a period of one year has been extended till 17-12-2016 subject to the verification of Certificates/ Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 508 Dated 26-10-2015.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Abid Altaf Pandath S/o Mr. Mohd. Altaf Pandath R/o Arampora, Sopore, Baramulla vide Notification No. 1384 dated 30-03-2015 for a period of one year has been extended till 30-12-2016 subject to the verification of Certificates/Degrees.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
(Sd.) G. M. PARRAY,
Joint Registrar.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Jammu, Thu., the 11th Feb., 2016/22nd Magha, 1937. [ No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART I––B
Jammu and Kashmir Government ––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification No. 11 Rev. (LAJ) of 2015
Dated 31-12-2015.
Whereas, the land specifications whereof are given in Annexure "A" to this notification, is required for construction for public purposes i. e. for construction of Batote-Chackwah Road at Village Chackwah, Tehsil Batote, District Ramban under PMGSY ; and
Whereas, on the basis of the indent placed by Executive Engineer, PMGSY, Division Ramban, H. Q. Batote vide his No. PMGSY/R/1128-32 dated 24-11-2009, notification under section 4(1) was issued by Collector, Land acquisition (ACR), Ramban vide No. Acq/PMGSY/15/177-86 dated 18-06-2015 ; and
Whereas, the Collector Land Acquisition (ACR), Ramban reported that the notification issued by him under section 4(1) of the J&K State 484 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Land Acquisition Act, was served upon the interested persons, for filing objections, if any, to the proposed acquisition but no objection was received within the stipulated period ; and
Whereas, the report furnished by Collector, Land Acquisition (ACR), Ramban vide his letter referred to above, duly endorsed by Deputy Commissioner, Ramban vide his No. DC/LA/15/79-80 dated 18-08-2015, Divisional Commissioner, Jammu vide his letter No. 502/1936/Acq./ Chackwah/Rbn./Road/15/1617-20 dated 31-08-2015 and Financial Commissioner (Revenue), J&K vide his No. FC-LS/LA-4409/2015 dated 16-10-2015, have been examined and it has been found that the owners did not file any objection to the proposed acquisition ; and
Whereas, the Government is satisfied that the land particulars whereof are mentioned in Annexure "A" to this notification, is required for public purposes i. e for construction of Batote-Chackwah Road at Village Chackwah, Tehsil Batote, District Ramban under PMGSY.
Now, therefore, in pursuance of Section 6 of the J&K State Land Acquisition Act, Samvat, 1990, it is declared that the land measuring 54 Kanals and 09 Marlas situated in Village Chackwah, Tehsil Batote, District Ramban, details whereof are indicated in Annexure "A" to this notification is required for public purposes viz. for construction of Batote-Chackwah Road under PMGSY. Further, the Collector, Land Acquisition (ACR), Ramban is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules thereunder.
However, the Collector shall be responsible for proper title verification of all types of land involved in the case, in respect of all the interested persons/rightful claimants in accordance with the relevant laws/ rules in force, while making final award in the case.
(Sd.) MUHAMMAD AFZAL, IAS,
Secretary to Government, Revenue Department.
––––––––
No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 485 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Annexure "A" to Notification No. 11 Rev. (LAJ) of 2015 Dated 31-12-2015.
Particulars of land
District Tehsil Village Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Batote Chakwah 16 00-07
New
17 00-01
19 00-01
22 00-10
23 00-11
24 00-11
33 00-14
34 00-01
38 01-18
39 01-01
41 00-17
43 01-02
44 02-10 486 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Batote Chakwah 47 00-11
New
48 01-17
117 00-08
120 02-12
122 00-07
125 02-12
126 00-02
143 00-08
144 02-04
145 00-01
147 00-04
148 00-04
149 00-04
159 00-02
161 00-13
162 00-19 No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 487 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
163 00-08
Ramban Batote Chakwah
New
164 00-03
247 00-13
249 00-11
257 03-15
258 00-01
264 00-04
276 02-12
277 00-12
278 00-13
302 02-06
303 01-07
304 00-01
307 01-02
308 00-10
350 00-08 488 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Batote Chakwah 351 00-03
New
352 00-07
354 00-15
357 01-17
358 00-17
359 00-03
569 00-06
1104 00-19
1108 01-19
1112 00-15
1113 01-05
1114 00-04
1130 00-11
1132 01-15
1133 01-08
1142 00-07 No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 489 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Batote Chakwah 1143 00-13
New
1144 00-17
––––––––
Total 54-09
––––––––
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JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION, RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU.
Subject :––Revenue Service (Executive) Departmental Examination, 2015. ––––––––
Notification No. PSC/Exam/2016/05
Dated 12-01-2016.
It is for information of all the concerned that the Revenue Service (Executive) Departmental Examination, 2015 will be conducted as per the date sheet indicated below :––
Day and Date Paper Time ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Thursday, 28-01-2016 I 11.00 A. M. to 02.00 P. M. Friday, 29-01-2016 II 10.00 A. M. to 01.00 P. M. Saturday, 30-01-2016 III 11.00 A. M. to 02.00 P. M. Monday, 01-02-2016 IV 11.00 A. M. to 02.00 P. M. Tuesday, 02-02-2016 V 11.00 A. M. to 02.00 P. M.
490 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Wednesday, 03-02-2016 VI 11.00 A. M. to 02.00 P. M.
Thursday, 04-02-2016 VII 11.00 A. M. to 02.00 P. M.
Friday, 05-02-2016 VIII 10.00 A. M. to 01.00 P. M.
Venue of Examination :
Jammu : J&K PSC Examination Hall, Resham Ghar Colony, Bakshi Nagar,
Jammu.
Srinagar : J&K PSC Examination Hall, Solina, Srinagar.
(Sd.) SHAKEEL-UL-REHMAN,
Secretary and Controller of Examinations.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Jammu, Thu., the 11th Feb., 2016/22nd Magha, 1937. [ No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A
Orders by Heads of Departments.
––––––
CHARGE REPORTS
Subject :––Assumption of charge of the post of the Financial Commissioner, Information, Hospitality and Protocol and Civil Aviation with additional charge of Estates Department.
–––––––
In pursuance of Government Order No. 42-GAD of 2016 dated 18-01-2016, I hereby assume the charge of the post of Financial Commissioner, Information, Hospitality and Protocol and Civil Aviation Departments with additional charge of Estates Department today on 21-01-2016 (F/N).
(Sd.) B. B. VYAS, IAS,
Financial Commissioner, Information, H&P, Civil Aviation, Estates, Departments.
––––––––
92 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Pursuant to Government Order No. 1254-GAD of 2015 dated 15-09-2015 issued under endorsement No. GAD (Ser) IAS/67/2015 dated 15-09-2015, I hereby assume the charge of Custodian General, J&K today the 17th of September, 2015 A. N.
(Sd.) SHAHID ANAYATULLAH, IAS,
Custodian General, J&K Government.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Jammu, Thu., the 11th Feb., 2016/22nd Magha, 1937. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––B
Notifications, Notices and Orders by Heads of Departments.
_______
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE SUB-DIVISIONAL MAGISTRATE, JAMMU NORTH.
Subject :––Notification under section 4 (1) of Land Acquisition Act, 1990 Svt. as amended up-to-date for acquisition of land in Tehsil Bhalwal, District Jammu.
–––––––
Notification
In exercise of the powers conferred upon me under sub-section (1) of section 4 of the Land Acquisition Act, 1990, I, Dr. Piyush Singla, IAS, Collector, Land Acquisition, Sub-Divisional Magistrate, Jammu North do hereby notify that the land whose particulars are given below in Tehsil Bhalwal, District Jammu, is required for public purpose namely construction of System Strengthening Scheme of Northern Region comprising of 584 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Jalandher-Samba-Amargarh 400 KV DC Transmission line, 2x315 MVA, 400/220 KV GIS at Amargarh and LILO of Uri-Wagoora line at Amargarh GIS.
Any objections with regard to the acquisition of said land will be received by the undersigned within 15 days from the date of issuance of this notification.
Particulars of land
District Tehsil Village Tower Nos. Khasra Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu Bhalwal Malpur AP 57 80 00–17
AP 57/1 56 00–09
AP 58 123 01–01
AP 59 9 02–04
–––––––
Total 04–11
–––––––
(Sd.) DR. PIYUSH SINGLA, IAS,
Collector, Land Acquisition, Sub-Divisional Magistrate, Jammu North.
––––––––
OFFICE OF THE COLLECTOR, LAND ACQUISITION, SUB-DIVISIONAL MAGISTRATE, JAMMU SOUTH.
Notification No. 02 of 2015
Dated 19-10-2015.
In exercise of powers vested upon me under sub-section (1) of section 4 of the J&K Land Acquisition Act, Svt. 1990, and in pursuance to requisition made by the Chief Engineer, System and Operation Wing, Grid No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 585 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––
Station Complex, Narwal Bala, Jammu vide No. CE/S&O/JT-81/3951-55 dated 08-08-2015. I, Shahid Mahmood Dar (KAS), Collector, Land Acquisition, Sub-Divisional Magistrate, Jammu South do hereby notify that the land whose particulars are given below in Tehsil Mandal, District Jammu is required for public purpose namely construction of System Strengthening Scheme of Northern Region comprising of Jalandher-Samba-Amargarh 400 KV DC Tranmission line, 2x315 MVA, 400/220 KV GIS at Amargarh and LILO of Uri-Wagoora line at Amargarh GIS.
Any objections with regard to the acquisition of said land will be received by the undersigned within 15 days from the date of issuance of this notification.
Particulars of land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu Mandal Chak Chibban 191 00–08
166, 165 00–07.5
112, 113 00–17
Toph Manhasan 322, 323 00–09
256 min 00–08.5
259 min 00–08.5
49 min 00–08.5
Laxman Pura 9 00–08.5
Danga 366 01–05
Chak Habib 63 min 00–09.5
241 00–08 586 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
163 00–08.5
Teda 75 min 00–09
Sohanjana 832, 833 00–16
900 00–09
Paramali 95&95 min 00–09.5
72 min 00–08
40 min 01–02.5
Chak Bandrali 77 00–08.5 ––––––
Total 10–05
––––––
(Sd.) SHAHID MAHMOOD DAR, KAS,
Collector, Land Acquisition, Sub-Divisional Magistrate, Jammu South.
––––––––
OFFICE OF THE SUB-DIVISIONAL MAGISTRATE, R. S. PURA.
Notification under section 4 (1) of Land Acquisition Act, 1990 Svt.
In exercise of the powers conferred upon me under sub-section (1) of section 4 of the Land Acquisition Act, 1990, I, Deep Raj Kenethia, KAS, Collector, Land Acquisition, Sub-Divisional Magistrate, R. S. Pura, do hereby notify that the land whose particulars are given below in different No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 587 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––
Villages of Tehsil R. S. Pura, District Jammu, is required for public purpose namely construction of System Strengthening Scheme of Northern Region comprising of Jalandhar-Samba-Amargarh 400 KV DC Transmission Line, 2x315 MVA, 400/220 KV GIS at Amargarh and LILO of Uri-Wagoora line at Amargarh GIS. Any objection with regard to the acquisition of said land will be received by the undersigned within 15 days from the date of issuance of this notification.
Specification of land
District Tehsil Village Location Khasra Area
Nos. Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 6 –––––––––––––––––––––––––––––––––––––––––––––––––––––– K. M. S.
Jammu R. S. Pura Chak Harni AP 29/4 376 00–02–00
AP 29/5 283 00–08–00
135 00–08–00
AP 29/6 136 00–03–00
––––––––
Total 00–11–00
––––––––
Phinder 855 00-15–00
AP 30 856 00–10–00
––––––––
Total 01–05–00
––––––––
AP 30/1 677 00–6.5–00
680 00–1.5–00 ––––––––
Total 00–08–00
––––––––
Khour AP 30/2 1951 00-07–04 588 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3 4 5 6 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
AP 30/3 1268 00–02–00
1269 00–07–04
––––––––
Total 00–09–04
––––––––
AP 31 1014 00–02–06
1015 00-02–02
1018 00-02–04
1019 00–06–02
––––––––
Total 00–13–05
––––––––
847 00–03–00
AP 31/1 849 00–02–06
852 00-02–06
––––––––
Total 00-08–03
––––––––
115 00-04–03
Khour AP 31/2 93 00–04–03
––––––––
Total 00–08–06
––––––––
128 00–02–00
AP 31/3 129 00–05–03
––––––––
Total 00–07–03
–––––––– No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 589 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––
1 2 3 4 5 6 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
1725 00-07–00
Kirpind AP 31/4 1728 00–01–00
1729 00–01–00
––––––––
Total 00–09–00
––––––––
1327 00–08–00
AP 32 1328 00-08–00
––––––––
Total 00-16–00
––––––––
AP 32/1 1313 00–8½–00
AP 33 1205 01-02–00
Tanda 616 00–07–07
AP 33/1 83 00–6½–00
84 00–1½–00
AP 33/2 85 00–01–00
––––––––
Total 00–09–00
––––––––
Nihalpur AP 33/3 295 00-07–07 Simbal
AP 33/4 267 00–07–07
Kalas AP 33/5 899 00–09–00 590 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3 4 5 6 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Gazipur AP 34 327 00–05–00
328 00–12–00
––––––––
Total 00-17–00
––––––––
AP 35 219 01-02–00
AP 35/1 175 00–8.5–00
Nari AP 36 436 00–02–00
444 00–14–00
––––––––
Total 00–16–00
––––––––
Kheper AP 36/1 505 00–02–00
AP 36/2 658 00–02–00
Jasore AP 36/3 218 00–02–40
427 00–02–00
AP 37 432 00–02–00
433 00–00–02
––––––––
Total 00-04–02
––––––––
Jasore AP 37/1 480 00-11–00
(Sd.) DEEP RAJ KANEHIA, KAS,
Collector, Land Acquisition, Sub-Divisional Magistrate, R. S. Pura.
–––––––
No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 591 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DIVISIONAL COMMISSIONER (J), RAIL HEAD COMPLEX, JAMMU.
Subject :—Acquisition of land measuring 38 Kanals 15 Marlas situated in Village Dhanori, Tehsil Katra, District Reasi for public utilities for construction/upgradation of approach road from Railway Station, Katra to SMVDU via Nangal (length 07.00 Km)-lssuance of declaration under sections 6&7 of the LA Act thereof.
–––––––
Notification No. 45-Div. Com. of 2015
Dated 02-12-2015.
Whereas, the land specification whereof are given below is required in Village Dhanori, Tehsil Katra, District Reasi for public purpose namely for the construction/upgradation of approach road from Railway Station, Katra to SMVDU via Nangal (length 07.00 Km.) ;
Specification of land
District Tehsil Mouza Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Kls. Mls.
Reasi Katra Dhanori As per 38–15
Annexure
Whereas, notification as required under sub-section (1) of section 4 of the Land Acquisition Act, 1990 Svt. was issued by the Collector, Land Acquisition (DC), Reasi vide Notification No. DC/Rsi/11/1991- 96/SQ dated 16-11-2011 and subsequent corrigendum issued by Collector (ACR), Reasi under No. Coll/ACR/Rsi/15/418-24 dated 03-10-2015 for acquisition of land measuring 38 Kanals 15 Marlas situated in Village Dhanori, Tehsil Katra, District Reasi for the construction/ upgradation of approach road from Railway Station, Katra to SMVDU via Nangal (length 07.00 Km.) ;
Whereas, as per the report furnished by the Deputy Commissioner, Reasi vide No. DC/Rsi/15-16/2312-14/SQ dated 09-11-2015 no objections have been filed by the land owners/interested persons within the stipulated period, as required under sections 5 & 5(A) of the Land Acquisition Act ; and 592 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Whereas, the undersigned is satisfied that the land, particulars whereof as mentioned above is required for public purpose and it is in public interest to acquire the land for construction/upgradation of approach road from Railway Station, Katra to SMVDU via Nangal.
Now, therefore, it is declared under section 6 of the Land Acquisition Act, (Svt.) 1990 that the aforementioned land is needed for public purpose. Further, the Collector, Land Acquisition (ACR), Reasi is directed under section 7 of the said Act, to take order for acquisition of the above specified land.
However, the Collector, Land Acquisition (ACR), Reasi shall be personally responsible for proper title verification of all types of land involved in the case, and in respect of all the interested parties/land owners/rightful claimants in accordance with the relevant laws/rules in force, while making the final award in the case. Collector shall also ensure that no additional fruit/non-fruit bearing trees and structures except already included are incorporated/entertained after the issuance of declaration. Collector shall be personally responsible, if any, award for any additional land/FB Trees/NFB Trees/Structures is issued/has been issued separately for construction/upgradation of approach road from Railway Station, Katra to SMVDU via Nangal.
(Sd.) ................................
Divisional Commissioner, Jammu.
––––––––
Annexure
District Tehsil Village Khasra Area
Nos.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Reasi Katra Dhanori 351 01–04
342 00–17 No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 593 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
350 01–03
352 03–03
336 00–17
470/345 01–06
340 02–12
469/345 01–00
343 00–16
337 00–10
362 02–18
341 00–14
442 00–09
401 01–03
402 02–06
443 00–13
402 min 00–05
444 00–15
440 01–03
430 00–11
418 01–05
594 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
422 00–03
427 min 00–01
423 min 00–05
388 00–07
389 min 00–01
365 00–03
361 13–01
417 00–04
431 00–03
––––––
Total 38–15
––––––
(Sd.) SACHIN DEV SINGH, KAS,
Assistant Commissioner (Central) with Divisional Commissioner, Jammu.
–––––––
Notice
I, Altaf Sharma S/o Ravi Sharma R/o Ward No. 8, Akhnoor (J&K) applying for the Change of my Name from Abhishek Sharma to Altaf Sharma on my 10th Class CBSE Record bearing Roll No. 2239233, session 2011 to 2012 and 12th Class bearing Roll No. 2406850 and on State Subject and D. O. B Certificate. Now, the correct name is Altaf Sharma. Objections, if any, may be conveyed to CBSE, Panchkula, J&K BOSE, Jammu and concerned authority within one week.
–––––––
No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 595 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––
DIRECTORATE OF INDUSTRIES AND COMMERCE, (REGISTRAR OF SOCIETIES/FIRMS, JAMMU), UDYOG BHAWAN, RAIL HEAD COMPLEX, JAMMU.
Notice
It is notified for information of General Public that M/s. Jammu Sanitation Club, H. No. 902, Indira Chowk, Subash Nagar, Jammu has applied for recording change of the constitution of their firm under section 63 of J&K State Partnership Act, 1996 with members (1) Rajesh Sharma S/o Shri Satvir Sharma R/o H. No. 902, Indira Chowk, Subash Nagar, Jammu, (2) Shri Satvir Sharma S/o Sunder Dass R/o H. No. 902, Indira Chowk, Subash Nagar, Jammu, who have joined the firm w. e. f. 21-12-2015 and Shri Ram Kumar Dubey S/o Late Shri Krishan Chander Dubey R/o Sector No. 2, Roop Nagar, Jammu has withdrawn from the firm w. e. f. 21-12-2015. Before, the change is recorded in the record of the Registrar of Firm, any person/persons having any objection shall file the same within 15 days from the publication of this notice in the Office of Registrar of Societies/Firms, Directorate of Industries and Commerce, Udyog Bhawan, Rail Head Complex, Jammu.
(Sd.) ..............................
Registrar of Societies/Firms,
J&K Govt., Jammu.
––––––––
Notice
I, Shivali Jasrotia D/o Shri Jagdish Singh R/o Satura, P/O Satura, Tehsil Hiranagar, District Kathua do hereby affrim and declare that my father's name has wrongly been written as Jagdish instead of Jagdish Singh in all my educational qualification documents i. e. 10th class Marks Sheet and Diploma, 12th (10+2) Marks Sheet and Diploma, B. A. class Marks Sheet and documents of M. A. Hindi Semester I, II & III. My father's correct name is Jagdish Singh instead of Jagdish.
Objection, if any, may be conveyed to the concerned authorities within
7 days from the publication of this notice.
––––––––
596 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR (REHABILITATION DEPARTMENT), OFFICE OF THE DEPUTY CUSTODIAN, EVACEE'S PROPERTY, KATHUA.
Notification
Dated 07-12-2015.
In pursuance of sub-section (1) of the Jammu and Kashmir State Evacuee's (Administration of Property) Act, VI of 2006, the Deputy Custodian is pleased to notify for general information the list of evacuee properties specified in the Schedule annexed hereto, which have vested in him.
Schedule
S. No. Description Locality ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. House belonging to Allah Ditta (evacuees) E. P. House
Ward No. 05, Kathua under the occupation No. 172 (portion) of Shri Shakti Paul Sharma son of Rajinder Ward No. 05, Kathua. Nath as per below noted specifications :–
Room 12'-9'' x 11'-7''
Room 17'-11'' x 3'-3''
Room 12'-0'' x 11'-4''
Kitchen 8'-8½'' x 5'-0'' over stair for riding of roof.
Bath Room 11'-4'' x 5'-5''
Varandha 12'-11'' x 5'-0''
(Sd.) .........................
Deputy Custodian, Evacuee's Property, Kathua.
–––––––
No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 597 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––
GOVERNMENT OF JAMMU AND KASHMIR (REHABILITATION DEPARTMENT), OFFICE OF THE DEPUTY CUSTODIAN, EVACEE'S PROPERTY, KATHUA.
Notification
Dated 07-12-2015.
In pursuance of sub-section (1) of the Jammu and Kashmir State Evacuee's (Administration of Property) Act, VI of 2006, the Deputy Custodian is pleased to notify for general information the list of evacuee properties specified in the Schedule annexed hereto, which have vested in him.
Schedule
S. No. Description Locality ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. House belonging to Allah Ditta (evacuees) E. P. House
ward No. 05, Kathua under the occupation No. 172 (portion) of Shri Ajay Kumar son of Rajinder Nath Ward No. 05, Kathua. as per below noted specifications :–
Room 10' x 13'
Room 17' x 11''
Room 10' x 08''
Kitchen 8' x 6''
Bath Room 6' x 3'-4''
Flush 4' x 3' over stair for riding of roof.
Compound 17' x 6½''
(Sd.) .........................
Deputy Custodian, Evacuee's Property, Kathua.
–––––––
598 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR (REHABILITATION DEPARTMENT), OFFICE OF THE CUSTODIAN, EVACUEE PROPERTY , JAMMU.
Notification
Dated 11-12-2015.
In pursuance of section 9-A of the Jammu and Kashmir State Evacuee's (Administration of Property) Act, VI of 2006, the Custodian is pleased to notify for general information the list of evacuee's properties specified in the Schedule annexed hereto, which have vested in him.
Schedule
S. No. Description Locality ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Illegal construction raised on the Village W. No. 2,
evacuee property Khola No. 63 Akhnoor, Tehsil belonging to Miran Bakash Evacuee Akhnoor by Shri Yash Paul S/o Jagan Nath R/o W. No. 2, Kashmiri Mohalla, Akhnoor with the following diamentions :—
Ground Floor :
1. Room 12' x 15'
2. Room 08' x 10'
3. Kitchan 06' x 06'
4. Balkani 15' x 04'
1st Floor :
1. Room 15' x 12'
2. Bath Room 06' x 6'
(Sd.) M. H. MALIK,
Custodian, Evacuee Property, Jammu.
THE
JAMM AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Jammu, Thu., the 11th Feb., 2016/22nd Magha, 1937. [ No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– ADVERTISEMENTS–C
–––––– POLICE TELECOMM. HEADQUARTERS, J&K, JAMMU.
Short Term Quotations
Short terms quotations, affixed with revenue stamp of Rs. 5/- are
hereby invited for the supply of following cables :–––
(a) Jelly cable 10 pair 0.61mm Copper Conductor (unarmored)
7000 Mtrs. Aprox.
(b) Jelly cable 05 pair 0.61mm Copper Conductor (unarmored)
5000 Mtrs. Aprox.
(c) PVC cable 05 pair 0.61mm Copper Conductor 4000 Mtrs.
Aprox.
214 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(d) Field cable 0.61mm Copper Conductor 10500 Mtrs. Aprox.
1. Quotations are to be submitted on prescribed tender form which
can be obtained on application from Police Telecom.,
Headquarters, J&K, Jammu, 1st Floor, APHQ Complex, Gulshan
Ground, Jammu on payment of tender fee of Rs. 500/- in cash or
money order which will not be refunded and same will be deposited
in Government Treasury under Head 0055-Police.
2. Intending suppliers shall furnish quotations duly sealed and
superscripted as "short term quotation for cables" mentioning date
of submission and name of supplier. The quotation shall contain
the following items :–––
(a) Earnest money of Rs. 25000/- pledged to Staff Officer to
IGP, Telecom., J&K, Jammu.
(b) A copy of this quotations affixed with revenue stamp of
Rs. 5/- duly signed and stamped on every page by
the supplier in token of having understood and
accepted the specifications, terms and conditions of
the quotations.
(c) CST certificate.
(d) VAT clearance certificate up to March, 2015.
The quotations should reach this office on or before
4th of February, 2016 up to 1030 Hrs. The quotations so received will
be opened on same date i. e. 4th of February, 2016 at 1500 Hrs. in the
office chamber of Staff Officer to IGP, Telecom., J&K, Jammu. In case
of unforeseen circumstances the date of opening of quotations received
will be next working day.
3. Intending suppliers shall have to deposit earnest money of
Rs. 25,000/- in the form of CDR/FDR mentioned in the terms No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 215 ––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— and conditions of the quotation, without which quotations will not
be considered. However, J&K Government Rules with regard
to furnishing of EMD in respect of Registered SSI unit shall be
applicable in letter and spirit. The earnest money will be refunded
to unsuccessful supplier within one month of the final acceptance
of the tender.
4. Quotations received after the prescribed time and date will be
rejected.
For and on behalf of the Governor.
(Sd.).......................
Inspector General of Police, Telecommunication, J&K, Jammu.
––––––––
POLICE HEADQUARTERS, J&K, JAMMU.
Amendment in the last date of e-NIT No. 47 of 2015 dated 28-12-2015.
Following amendment is issued in e-NIT No. 47 of 2015 dated
28-12-2015 floated for CCTV surveillance system :–––
1. Last date for online 30-01-2016 instead of 19-01-2016.
bid submission
2. Date for online bid opening 01-02-2016 instead of 21-01-2016.
This is in continuation to PHQ No. Prov-II/Sec-09/2015-16/1152-80 dated 06-01-2016. Tender details with terms and conditions are available on J&K State e-Procurement Portal www.jktenders.gov.in.
(Sd.) .........................
AIG (Prov/Tpt) For Director General of Police, J&K, Jammu.
–––––––
216 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES, J&K, JAMMU.
GIST of e-NIT No. 01 of 2016
Dated 14-01-2016.
For and on behalf of the Governor of J&K State, e-Tenders are invited from the manufacturers/firms or their authorized dealers/distributors for Supply of Automotive Storage Batteries (O. E. MAKE) for Fire and Emergency Services :–––
Particulars Earnest Cost of tender
Money document
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Supply of Automotive Storage ` 00.50 lacs ` 3,000/-. Batteries
Date of publishing of 14-01-2016. tender notice
Period of downloading From 15-01-2016 to 04-02-2016. of documents
Date of submission of From 15-01-2016 to 04-02-2016. online documents
Date of submission of 05-02-2016 up to 04.00 P. M. hard copy
Date of opening of 06-02-2016 or any subsequent tender
date.
The tender documents along with other Terms and Conditions of the NIT and relevant documents can be downloaded from the website http://jktenders.gov.in. The tender shall be uploaded in electronic format on the website http://jktenders.gov.in. The bidders shall have to upload scanned copy of all necessary documents like CDR/PAN/TIN/Demand Draft (Tender Fee)/Registration Certificate duly renewed and hard copies thereof physically to tender receipting authority as per schedule specified. The cost of tender documents shall be in the form of Bank Draft drawn in No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 217 ––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
favour of Accounts Officer, Fire and Emergency Services, J&K payable at Jammu/Srinagar and Earnest Money shall be pledged to Director General, Fire and Emergency Services, J&K. Cost of tender documents is non-refundable, whileas the Earnest Money is refundable.
(Sd.) .............................
Accounts Officer, Fire and Emergency Services, J&K, Jammu.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES,
J&K, JAMMU.
GIST of e-NIT No. 02 of 2016
Dated 14-01-2016.
For and on behalf of the Governor of J&K State, e-Tenders are
invited from the registered manufacturers/firms or their authorized dealers/
distributors for supply of Gate Valves (Gun Metal) for Fire and Emergency
Services :–––
Particulars Earnest Cost of tender
Money document
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Supply of Gate Valves ` 00.05 lacs ` 500/-. (Gun Metal)
Date of publishing of 14-01-2016.
tender notice
Period of downloading From 14-01-2016 to 04-02-2016.
of documents
Date of submission of From 14-01-2016 to 04-02-2016.
online documents 218 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1
2 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Date of submission of 05-02-2016 up to
hard copy
04.00 P. M.
Date of opening of 06-02-2016 or any
tender
subsequent date.
The tender documents along with other Terms and Conditions of
the NIT and relevant documents can be downloaded from the website
http://jktenders.gov.in. The tender shall be uploaded in electronic format
on the website http://jktenders.gov.in. The bidders shall have to upload
scanned copy of all necessary documents like CDR/PAN/TIN/Demand
Draft (Tender Fee)/Registration Certificate duly renewed and hard copies
thereof physically to tender receipting authority as per the schedule
specified. The cost of tender documents shall be in the form of Bank
Draft drawn in favour of Accounts Officer, Fire and Emergency Services,
J&K payable at Jammu/Srinagar and Earnest Money shall be pledged to
Director General, Fire and Emergency Services, J&K. Cost of tender
documents is non-refundable, whileas the Earnest Money is refundable.
(Sd.) .............................
Accounts Officer,
Fire and Emergency Services,
J&K, Jammu.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES,
J&K, JAMMU.
GIST of e-NIT No. 03 of 2016
Dated 14-01-2016.
For and on behalf of the Governor of J&K State, e-Tenders are
invited from the registered manufacturers/firms or their authorized No. 46] The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. 219 ––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— distributors/dealers for supply of High Capacity Hydraulic Cutters for use
in rescue operations :–––
Particulars Earnest Cost of tender
Money document
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Supply of High Capacity ` 00.50 lacs ` 3,000/-
Hydraulic Cutter
Date of publishing of 14-01-2016.
tender notice
Period of downloading From 14-01-2016 to 04-02-2016.
of documents
Date of submission of From 14-01-2016 to 04-02-2016.
online documents
Date of submission of 05-02-2016 up to 04.00 P. M.
hard copy
Date of opening of 06-02-2016 or any subsequent
tender
date.
The tender documents along with other Terms and Conditions of
the NIT and relevant documents can be downloaded from the website
http://jktenders.gov.in. The tender shall be uploaded in electronic format
on the website http://jktenders.gov.in. The bidders shall have to upload
scanned copy of all necessary documents like CDR/PAN/TIN/Demand
Draft (Tender Fee)/Registration Certificate duly renewed and hard copies
thereof physically to tender receipting authority as per the schedule
specified. The cost of tender documents shall be in the form of Bank
Draft drawn in favour of Accounts Officer, Fire and Emergency Services,
J&K payable at Srinagar/Jammu and Earnest Money shall be pledged to 220 The J&K Govt. Gazette, 11th Feb., 2016/22nd Magha, 1937. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Director General, Fire and Emergency Services, J&K. Cost of tender
documents is non-refundable, whileas the Earnest Money is refundable.
(Sd.) .............................
Accounts Officer, Fire and Emergency Services, J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Wed., the 6th Jan., 2016/16th Pausa, 1937. [No. 40-e
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART III
Laws, Regulations and Rules passed thereunder.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––INDUSTRIES AND COMMERCE DEPARTMENT
Notification
Jammu, the 6th January, 2016.
SRO-03.––In exercise of the powers conferred by section 15 and
section 23C of the Mines and Minerals (Development and Regulation)
Act, 1957 (Central Act 67 of 1957), the Government of Jammu and Kashmir
hereby makes the following rules for regulating the grant of various forms 2 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— of Mineral Concessions in respect of Minor Minerals and Storage,
Transportation of Minerals and Prevention of Illegal Mining.
CHAPTER I
Preliminary
1. Short title, extent and commencement.––(1) These rules may
be called the Jammu and Kashmir Minor Mineral Concession, Storage,
Transportation of Minerals and Prevention of Illegal Mining Rules, 2016.
(2) These rules shall be applicable throughout the State of Jammu
and Kashmir and shall come into force immediately.
2. Definitions.––(1) In these rules, unless the context otherwise
requires,––
(i) "Act" means the Mines and Minerals (Development and
Regulation) Act, 1957 (Central Act 67 of 1957) ;
(ii) "Appellate Authority" means the Government and includes
Director or any Officer of the Department vested with such
powers by the Government under these rules to perform such
functions ;
(iii) "Assessee" means a person holding Mining Lease, Quarry
License or a short term permit and includes any other person
who is/has excavated, removed or used or is excavating,
removing, processing or using minor mineral/minerals ;
(iv) "Assessing Authority" means officer incharge as defined in
these rules and declared as such by the Government ;
(v) "Assessment Year" means the period beginning from the first
day of April and ending on thirty first day of March of the
following year ;
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (vi) "Authorized Officer" means an officer incharge as defined in
these rules authorized by the Government to exercise such
powers and to perform such functions as may be issued under
these rules ;
(vii) "Brick earth" means earth used for making bricks and shall
include all types of earth used for construction of dams, canals,
roads, rail embankments and other identical purposes ;
(viii) "Building stone" means any rock/mineral prescribed as minor
mineral under the Act and used as building or construction
material ;
(ix) "Boundary pillar" means concrete pillar of size 100x50x50
centimeter painted yellow and marked lease/contract number
and pillar number along with coordinates ;
(x) "Competent Authority" means the Government to carry out
such functions as specified in these rules ;
(xi) "Carrier" means any mode of transport or facility, by which
mineral or its products are transported either in raw or
processed form from the place of raising or from one place to
another and includes any mechanized device, person, animal
or cart ;
(xii) "Competitive bid" means an amount offered by the participant
in the Open Auction under these rules ;
(xiii) "Concessionary" means a person holding a Mining Lease/
Quarry License/Quarry Permit and disposable permit holder
granted under these rules ;
(xiv) "Department" means the Department of Geology and Mining,
Government of Jammu and Kashmir ;
4 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (xv) "Director" means Director of Geology and Mining, Government
of Jammu and Kashmir ;
(xvi) "District Environment Committee" means the committee to
be constituted by the Ministry of Forest and Environment,
Government of India to oversee the environmental issues
pertaining to the concerned district ;
(xvii) "District Mineral Foundation" means a non-profit trust to be
formed in each District of the State by the Government which
will work under the State Mineral Foundation ;
(xviii) "Dead Rent" means the minimum amount payable in a year
by a person granted with a mining lease/quarry license under
these rules irrespective of the fact as to whether or not lessee/
licensee operates/could not operate the area fully or partly ;
(xix) "Disposal Permit" means a permit granted for removal of
minor minerals from the Agriculture/Horticulture/State
Kahcharai/Shamlat/Forest lands where minor minerals have
been deposited due to weathering. However, the Kahcharai
and Shamlat Lands shall be governed by Land Revenue Act ;
(xx) "Environment Committee" means the committee constituted
by the Ministry of Forest and Environment, Government of
India to oversee the environmental issues in this regard ;
(xxi) "Environment and Environmental Pollution" shall have the
same meanings as assigned to them in the Environment
(Protection) Act, 1986 (Central Act No. 29 of 1986) ;
(xxii) "Environment Management Plan (EMP)" means a plan
submitted by lessee/licensee falling in a cluster which is
prepared by Recognized Qualified Person approved by the
Environment Committee of Government of Jammu and
Kashmir for providing environmental safeguards ;
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (xxiii) "Excavation" means extraction/digging and or collection/
removal of minor minerals from any land, river, nallah, canal
or hillock and needs disposal permit ;
(xxiv) "Family" means the applicant, is father and mother even if
they have a separate house, wife and his sons and unmarried
daughters ;
(xxv) "Form" means a form appended to these rules ;
(xxvi) "Fund" means the mines and mineral development, restoration
and rehabilitation fund ;
(xxvii) "Final Mine Closure Plan" means a plan for the purpose of
decommissioning, reclamation and rehabilitation in the mine,
cluster or part thereof after cessation of mining and mineral
processing operations that has been prepared in the manner
specified in the standard format as per the guidelines issued
by the Indian Bureau of Mines or Government ;
(xxviii) "Financial Assurance" means the sureties furnished by the
holder of a mining lease/quarry license to the Director so as to
indemnify the authorities against the reclamation and
rehabilitation cost ;
(xxix) "Government" means the Government of Jammu and
Kashmir ;
(xxx) "Illegal Mining" means and refers to the manner of undertaking
mining inconsistent with mining plan/scheme of mining,
clearances, permissions including transportation and
storage of minerals as required under Act and Rules made
thereunder ;
(xxxi) "Lessee" means a person holding a valid lease for raising the
minerals from the area granted on lease and would include
the plural thereof ;
6 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (xxxii) "Letter of Intent (LoI)" means a Letter of Intent issued to the
successful bidder on acceptance of the bid/application
for grant of a mining lease, quarry license through open
auction/e-Auction only ;
(xxxiii) "Licensing authority" means the Director or Officer Incharge
as defined in these rules authorized by the Government in this
behalf ;
(xxxiv) "Licensee" means holder of' a mineral license granted under
these rules for the purpose of storing, stocking, trading and
dispatch of mineral/minor mineral and their products ;
(xxxv) "Minor Mineral Block" means an area not less than 05
hectares and more than 50 hectares in a continuous stretch of
land/water body, having defined limits with the evidence of
one or more minor minerals that can be feasibly exploited ;
(xxxvi) "Minor Mineral Plot" means an area not less than 01 hectares
and more than 05 hectares in a continuous stretch of land/
water body, having defined limits with the evidence of one or
more minor minerals that can be feasibly exploited ;
(xxxvii) "Mineral Concession" means a mining lease or a quarry license
or a short term permit in respect of minor mineral permitting
the mining of minor mineral in accordance with these rules ;
(xxxviii) "Mining dues" means and includes any of the dues on account
of royalty, dead rent amount payable towards the Mines and
Mineral Development, Restoration and Rehabilitation Fund,
interest on delayed payments or any fee or amount payable
under these rules ;
(xxxix) "Mining lease" means a lease granted under these rules to
undertake excavation and to carry away any minor mineral
specified therein ;
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (xl) "Mining operations" means any operation undertaken for the
purpose of winning any minor mineral ;
(xli) "Mining plan" means a plan prepared by a Recognized
Qualified Person (RQP) on behalf of mineral concession holder
of minor mineral and includes progressive and final mine closure
plans and approved by the Government without which mining
activity cannot be undertaken ;
(xlii) "Mineral Products" means minerals/minor minerals in any raw
or processed form ;
(xliii) "Mineral Transit Pass (Challan)" means a document issued
by the Director, Geology and Mining to the Officer Incharge
of the concerned district to the lessee/licensee/permit holder/
contractor for lawful dispatch and transportation of mineral(s)
raised for which Director, Geology and Mining shall maintain
logbook/challan issuance book which shall be audited
annually ;
(xliv) "Mineral transport permit" means a permit issued by the
Director or Officer Incharge authorized by him to the carrier/
machine owner to use such carrier for lawful mining and
transportation of mineral(s) raised in accordance with the
provisions of the Act ;
(xlv) "Minor Mineral" means minor mineral as defined in
section 3(e) of the Act ;
(xlvi) "Officer Incharge" means an officer of the department from
disciplines of Mining/Geology having qualification not less than
Degree/Diploma in Mining or M. Sc. Geology Incharge of a
particular district declared by the Government ;
(xlvii) "On spot collection of royalty and Cost of Mineral" means
collection of royalty as per Schedule-I and cost thereof by an 8 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— officer of the department authorized by the Government or by
the Director within the territorial limits assigned to him on the
minerals extracted and dispatched without having any mineral
concession ;
(xlviii) "Open Auction/e-Auction" Open Auction means bidding by
the competitors online or through physical presence before
the auction committee for grant of mineral concessions ;
(xlix) "Presiding Officer" means the Director or any other officer
authorized by the Government to preside over the auction
process which shall be videographed without fail and shall be
kept in safe custody for three years ; alternatively this process
can be performed through e-Auction ;
(l) "Processing" means all physical processes such as pulverizing
and/or grinding and/or powering or washing of minerals in
such a way that no chemical change takes place by that process
and includes cutting and polishing process of slate, granite
blocks or marble blocks or blocks of any other types of
rocks ;
(li) "Producer" means any person carrying on the business of
extracting/producing/collecting minerals or mineral aggregates
in raw or processed form including the licensee of a registered
metal mineral unit, as the case may be, in accordance with the
provisions of the Act or rules made thereunder ;
(lii) "Progressive Mine Closure Plan" means a Progressive Plan
for the purpose of providing protective, reclamation and
rehabilitation measures in a mine or part thereof that has been
prepared in a manner specified in the standard format
and guidelines issued by the Indian Bureau of Mines or
Department ;
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (liii) "Prescribed" means as may be prescribed from time to time
under these rules by the Government ;
(liv) "Quarry" means any area declared as such by the Director or
Officer Incharge as authorized by the Government in this
behalf ;
(lv) "Quarry license" means a license granted under these rules
to excavate minor mineral from any specified mineral
deposit/plot ;
(lvi) "Royalty" means the charge payable to the department in
respect of the minor minerals excavated, removed or utilized
under these rules from any land including river, nallah, canal
or hillock as prescribed in Schedule-I ;
(lvii) "Recognized Qualified Person (RQP)" means a person
registered by the Director under these rules as RQP having
minimum qualification as detailed in Chapter-II, Rule 11 of
these rules ;
(lviii) "Rules" mean any rule framed under the Mines and Minerals
(Development and Regulation) Act, 1957 ;
(lix) "Schedule" means the schedule appended to these rules ;
(lx) "Short Term Permit" means a permit granted under these rules
for excavation, removal and sale of a specified quantity of
mineral within a specified period and from a specified area
less than 01 hectare ;
(lxi) "Scheme of mining" means a scheme prepared by a
Recognized Qualified Person (RQP) on behalf of
concessionary for systematic and scientific mining of minor
mineral(s) which would need the Government approval before
making it operational ;
10 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (lxii) "Scientific mining" means and refers to mining operations
consistent with the approved mining plan/scheme of mining,
clearance/permissions granted by the Director/Officer
Incharge ;
(lxiii) "Stockyard" or "sale-depot" means any place where a mineral
or its products are stored and stocked in any raw or processed
form for commercial purposes ;
(lxiv) "Unscientific mining" means and refers to the manner of
undertaking mining operations not consistent with the mining
plan/scheme of mining approved, clearances/permissions
granted by the Government, Director/Officer Incharge as the
case may be ;
(lxv) "Unauthorized mining" means any mining operation undertaken
without any valid mineral concession granted under the Act
and rules made thereunder ;
(lxvi) The expressions "mine" and "owner" have the meanings
assigned to them in the Mines Act, 1952 ;
(lxvii) State Mineral Foundation.––There shall be a State Mineral
Foundation which will have District Mineral Foundation in every
district as per the guidelines issued by the Ministry of Mining,
Government of India. Separate notification about collection of
resources and functioning of the foundation shall be issued by
the Government.
Words and expressions used but not defined in these rules shall
have the meanings respectively assigned to them in the Act. However,
wherever word mineral is used in these rules shall include minor minerals
also, if otherwise not specified.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
3. General Restrictions.––
3.1 No person shall undertake any mining operation/activity in
respect of any minor mineral(s) in any part of the State
except under and in accordance with the terms and
conditions of minor mineral concession rules in any form,
which shall be processed on the basis of NoC issued by, as
the case may be, by the following within a stipulated
period :––
(i) Deputy Commissioner concerned ;
(ii) Conservator of Forests concerned ;
(iii) Executive Engineer, (I&FC) Department concerned ;
(iv) Dy. Director, Fisheries concerned :
Provided that no minor mineral concession shall be
granted on any land which is––
Agriculture/horticulture land, Kacharai land, Shamlat
land, forest land, protected areas and eco-sensitive
zones wholly or partly.
3.2 The Government shall decide the mode and nature of grant
of minor mineral concession under these rules in different
areas i. e. lease, license, Short Term Permit from time to
time.
3.3 Every quarry lease holder needs to seek consent to establish/
operate from J&K State Pollution Control Board.
4. Other restrictions.––
4.1 No minor mineral concession shall be granted in respect of
any land within a distance of––
(i) 150 meters from the outer periphery of the defined
limits of a National Highway, Railway line, State 12 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Highway, Major District Roads (MDR) and Other
District Roads (ODRs) where excavation does not
require use of explosives unless otherwise specifically
notified by the Government in this regard with due
justification ;
(ii) 500 meters from the outer periphery of the defined
limits of a National Highway, Railway line, State
Highway, Major District Roads (MDR) and Other
District Road (ODRs) where excavation require use
of explosives unless otherwise specifically notified by
the Government in this regard with due justification ;
(iii) 100 meters from any other public roads ; and
(iv) 50 meters upstream as well as downstream of water
works, head works or hydraulic works and 25 meter
from any 'embankment' or 'flood embankment' as
defined under the J&K Water Resources (Regulation
and Management) Act, 2010.
4.2 No minor mineral concession shall be granted in respect of
any such minor mineral or in respect of any specific or
general area which the Government may notify.
4.3 No mining activity/operation shall be carried out in any river
bed below the depth of 3 meters or the water level,
whichever is lesser. The water level of the river bed shall
be determined by the Chief Engineer, Irrigation and Flood
Control or by an officer authorized by the Government in
this purpose.
The point raised by Irrigation and Flood Control Department
has already been well taken in Rule 3 and Rule 4 where
consent of the Executive Engineer, Irrigation and Flood
Control has been made mandatory. As far as exemption of No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
royalty has been provided in rule 9 with regard to State
Irrigation and Flood Control Department. As regard to
Rule 34, the Department of Geology and Mining.
4.4 No Minor Mineral Concession shall be granted for a period
more than 5 years in case of Bajri and Sand, and the area
shall be again put to auction after 5 years or after the expiry
of lease/license/permit, whichever is earlier.
CHAPTER II
Scientific and Systematic Mining
5. The grant of Minor Mineral Concessions shall be initiated by
Director or Officer Incharge authorized by the Government :
Provided that, where mining of minor minerals below ground water
table is proposed, the department shall conduct Hydro-Geological Regime
studies of the area before grant of such concession.
6. Mining Plan as a pre requisite to the grant of minor mineral
concession.––
6.1 No person shall be granted any minor mineral concession
in any area under these rules unless a mining plan approved
under these rules is submitted and approved by the
Government.
6.2 No person shall commence mining operations for minor
minerals in any area except and in accordance with a mining
plan approved under these rules.
6.3 Every minor mineral concession holder shall prepare a mining
plan along with the mine closure plan (progressive and final)
and shall not commence mining operations in any area except
in accordance with such mining plan duly approved under 14 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— these rules. The mining plan shall contain the conceptual
plan of the mining area taking into consideration the following
aspects :––
(i) Level of production ;
(ii) Level of mechanization ;
(iii) Type of machinery used ;
(iv) Quantity of diesel/energy fuel consumption ;
(v) Number of trees uprooted due to proposed mining
operations.
And shall incorporate the following as a minimum :––
(i) the plan of the area under concession delineated on a
map with boundaries duly marked along with the
positions of boundary pillar with GPS readings ;
(ii) the plan of the area under concession showing the
nature and extent of the mineral body/spot or spots
where the mining operations are proposed to be
undertaken ;
(iii) the plan of the area showing natural water courses,
limits of reserved and other forest areas and density of
trees, if any, assessment of impact of mining activity
on forest, land, surface and environment including air
and water pollution i. e. the environment management
plan ;
(iv) details of the Geology and Lithology of the area
including the estimated mineral reserves of the area ;
(v) extent of manual mining or mining with the use of
machinery and mechanical devices ;
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (vi) tentative scheme of mining, annual programme and plan
for excavation/production from year-to-year for a period
of five years as part of mining plan ;
(vii) proposed method of mining/development of mines, use
of explosives and blasting operations, if any, stocking
and disposal of minerals, mine drainage pattern,
handling of the over burden, location of weigh bridges,
and mineral processing, if any, while undertaking
semi-mechanized open caste mining ;
(viii) progressive and final mine closure plan ;
(ix) details of scheme of restoration/rehabilitation of the
area through aforestation, land reclamation, use of
pollution control devices and such other measures as
may be directed by the competent authority at time of
approval to be executed by the lessee/concessionary
on monthly/quarterly/yearly basis.
6.4 Where the mining operations have already been undertaken
under an existing mineral concession before the
commencement of these rules, the holder of such mineral
concession shall also submit a mining plan along with mine
closure plan within a period of ninety days from the
commencement of these rules for approval by the authorized
officer.
6.5 Every mining plan or scheme of mining submitted for
approval under these rules shall be accompanied with a non-
refundable fee of Rs.10,000/- for each hectare or part
thereof in respect of the mining area covered under the
mining plan.
6.6 Every mining plan shall contain all plans, sections serially
numbered or suitably indexed. The tracings or copies of 16 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— such plans and sections duly certified for its correctness by
the owner, agent, Mining Engineer or Manager or Geologist
appointed by the concessionary, shall be kept at the site
office of the minor mineral mine/concession area.
6.7 In addition to the requirements stipulated under
sub-rule (3) above, every mining plan shall delineate the
approach in respects of environmental safeguards and
restoration and rehabilitation measures of the area with
regard to the following :––
(i) Precautions for the protection of environment and
control of pollution while undertaking mining operations
in the area granted on minor mineral concession ;
(ii) Control of air pollution due to dust exhaust emissions
or fumes during mining or processing operations for
minor mineral and related activities and containing the
same within permissible limits specified under any
environmental law for the time being in force ;
(iii) Precautions to prevent or reduce the discharge of toxic
and objectionable liquid effluents from minor mineral
concession area, workshop or processing plant within
the permissible limits. No such toxic effluent shall be
discharged in any water body or in the sub-soil through
a bore hole ;
(iv) Abatement of and control over the noise arising out of
mining and processing operations for minor minerals
so as to keep the same within the permissible limits ;
(v) Prevention and containment of any damage to the flora
and fauna of the area held under concession and the
nearby area, scheme of undertaking plantation to
compensate for any unavoidable damage and No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— maintenance of the same during the subsistence of the
concession period ;
(vi) Removal and stacking of any top soil or over burden or
waste rock and non-saleable minor mineral excavated/
generated during the mining operations and utilization
of the same for restoration and rehabilitation of the
area ;
(vii) The mining plan shall be approved in consultation with
the Forest Department and the Irrigation and Flood
Control Department ;
(viii) Plan for phased restoration, reclamation and
rehabilitation of land affected by mining operations ;
(ix) The mining plan once approved shall be valid for the
mineral concession period unless revised and modified
and got approved during the concession period.
7. Review of Mining Plan.––The owner, agent, Mining Engineer
or Manager or Geologist of every mine shall review the mining plan after
every five years and shall submit scheme of mining for the next five years
or the concession period, as the case may be, to the Officer Incharge for its
approval by the Government.
8. Modification of Mining Plan.––
8.1 Where any modification of the approved mining plan is
required during the subsistence of the minor mineral
concession, the concession holder shall get any such
modification approved from the officer authorized in this
behalf :
Provided that in respect of river bed mining or mining near
a water works, hydraulic works embankment etc., the No 18 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Objection Certificate of the concerned XeN, Irrigation and/
or Flood Control Department be obtained before any
modification is made in the original mining plan by the officer
authorized in this behalf.
8.2 The authorized officer may wherever needed require the
minor mineral concession holder to make such modifications
in the mining plan referred to above or impose such
conditions, as he may consider necessary, by an order in
writing if such modifications or imposition of condition are
considered necessary,––
(a) in light of the experience of operations of mines ;
(b) in view of the change in technological development ;
(c) in light of any change in legal provisions or orders of
any court.
8.3 A minor mineral concession holder desirous of seeking
modifications in the approved mining plan as are considered
expedient in the interest of safe and scientific mining,
conservation of minerals, or for the protection of
environment, shall apply to the Officer Incharge in this
behalf setting forth the intended modifications and also
explaining the reasons for the same.
9. Financial Assurance.––The minor mineral concession holder
shall furnish financial assurance amounting to Rs. 25000/- per hectare or
part of the area granted under the mineral concession and put to use for
mining and allied activities subject to minimum of Rs. 01 lac in the form and
manner as may be prescribed.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 10. Preparation of Mining Plan.––(i) A mining plan shall be
prepared by a Recognized Qualified Person (RQP) recognized under
these rules or Rule 22 B of the Mineral Concession Rules, 1960 (Central
Rules) ;
(ii) The Director shall specify all such persons who are so recognized
by him under sub-rule (1) above and keep a list of such persons updated.
11. Registration of Recognized Qualified Person (RQP).––
11.1 No person shall be registered as a Recognized Qualified
Person by the Director, unless he possesses––
(i) a degree in Mining Engineering or a Postgraduate
degree in Geology granted by a University established
or incorporated by or under a Central Act, a Provincial
Act or a State Act including any institution recognized
or incorporated by the University Grants Commission
established under section 4 of the University Grants
Commission Act, 1956 (3 of 1956) or any qualification
equivalent thereto granted by any University or
Institution outside India and possessing a professional
experience of five years of working in a supervisory
capacity in the field of mining or mineral administration
after obtaining degree ; or
(ii) a three years full time diploma certificate in Mining
Engineering awarded by a State Technical Education
Board or a University or authority recognized by the
Govt. of India and possessing professional experience
of 10 years of working in a supervisory capacity in the
field of mining or mineral administration after obtaining
the diploma.
20 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
11.2 Any person possessing the qualification and experience as
prescribed under sub-rule (1) above may apply to the
Director, for registration as a Recognized Qualifying Person
along with a fee of Rs. 10,000/- (Rs. ten thousand only).
The Director may, after making such enquiry as deemed
appropriate, grant or refuse to grant recognition and where
recognition is refused, the Director shall record the reasons
therefore in writing and communicate the same to the
applicant.
11.3 The applicant recognized under sub-rule (2) above shall be
so registered for a period of 10 years and his registration
may be further renewed on application and deposit of the
fee as applicable at such time for a further period not
exceeding 10 years at one time.
12. Approval of Mining Plan/Scheme of Mining.––
12.1 The Government or any officer authorized by the
Government shall approve mining plan/scheme of mining of
minor mineral in the State, subject to such officer having
qualification and experience as per sub-rule (1), Rule 11 of
these rules in consultation with the Forest and Irrigation
and Flood Control Departments of J&K.
12.2 The Government or any officer authorized by the
Government in this behalf shall approve the mining plan or
such modified mining plan or scheme of mining with or
without any modification within a period of forty-five days
from the date of receipt or submission of such application
for approval of mining plan or modified mining plan or
scheme of mining, as the case may be.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
CHAPTER III
Environmental Safe Guards
13. Protection of Environment.––Every holder of minor mineral
concession shall take all possible precautions for the protection of
environment and control of pollution while conducting mining operations in
the minor mineral concession area :
Provided that the concessionaries shall submit the Environment
Clearance from the District Environment Committee in respect of his minor
mineral concession area as per the Notifications issued by Ministry of
Environment and Forests (MoEF) GOI from time to time.
14. Cluster of small quarries.––Individual quarries falling in areas
ancestrally occupied and certified by the revenue authority in this regard,
area less than 05 hectares and sum total of not more than 20 quarries or the
sum total of such areas shall not exceed 50 hectares whichever, is less may
be clubbed and declared as cluster of quarries by the Director. Membership
of all holders in the cluster declared as such shall be compulsory :
Provided that if the number of quarries or sum total of the area exceeds
20 quarries and/or 50 hectares, the powers shall be exercisable by the
Competent Authority.
15. Environment Management Plan for cluster of quarries.––
15.1 For a cluster, Environmental Management Plan shall be
collectively prepared by the minor mineral concession
holders of the cluster through a qualified person and
submitted to the District Environment Committee for final
approval by the Government or the authorized officer by
the Government in this behalf separately.
15.2 Environment clearance is to be sought from the Ministry
of Environment, Forest and Climate Change (MoEFCC), 22 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Government of India in case of Mining area/ Cluster is 50
hectares or more and from the State Level Environment
Impact Access Authority (SIEAAs) for such areas/
clusters less than 50 hectares, as per impact assessment
notification, 2006 with amendment of 2009 and
memorandum issued by MoEFCC, GOI of May 18, 2012
for areas less than 5 hectares.
16. Implementation of common issues of Environment
Management Plan (EMP) in a Cluster.––Each and all minor mineral
concession holders in a cluster shall be individually and jointly responsible
for implementation of the environmental management plan.
17. Removal and utilization of top soil.–– (i) Where top soil exists
and is to be excavated for mining operations for minor mineral, it should be
removed separately.
(ii) The top soil so removed shall be utilized for restoration and
rehabilitation of the land which is no longer required for mining operations
or for stabilizing or landscaping the external dump.
(iii) Where top soil cannot be used concurrently, it shall be stored
separately for future use, keeping in view that the bacterial organism should
not die and should be spread nearby area.
18. Storage of overburden, waste rock etc.––(i) The overburden,
waste rock and non-saleable minor mineral generated during mining
operations for minor mineral shall be stored separately in properly formed
dumps on grounds earmarked.
(ii) Such dumps shall be properly secured to prevent the escape of
material in harmful quantities which may cause degradation of the
surrounding land or silting of water courses.
(iii) Wherever possible, such waste rock or overburden or other
rejects, shall be backfilled into the worked out minor mineral area, where No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— minor mineral has been recovered upto the optimum depth, with a view to
restore the land to its original use or desired alternate use, as far as possible
and where the backfilling is not feasible, the waste dumps shall be suitably
terraced and stabilized by planting vegetation or otherwise.
19. Reclamation and rehabilitation of lands.––Every holder of
mineral concession shall undertake the phased restoration, reclamation and
rehabilitation of land affected by mining operation and shall complete this
work before the conclusion of such operations and abandonment of mine.
20. Restoration, reclamation and rehabilitation in a cluster.––
Where large numbers of small mines are situated and worked out in clusters,
at such places the provisions of quarrying of minor minerals should be done
in a systematic and scientific manner. The programme of restoration and
reclamation of the mined out area and rehabilitation must be made jointly in
phased manner in the abandoned areas in a entire cluster of the minor
minerals. Environmental clearance may be obtained by corporate body or
the concept of Regional Environmental Assessment (REA) and Regional
Environmental Management Plan (REMP) prepared accordingly.
21. Precaution against air pollution.–– Air pollution due to dust,
exhaust emissions or fumes during mining or processing operations for minor
mineral and related activities shall be controlled and kept within permissible
limits specified under any environmental laws for the time being in force.
22. Discharge of effluents.––Every holder of a mineral concession
shall take all possible precautions to prevent or reduce to a minimum the
discharge of toxic and objectionable liquid effluents from minor mineral
area, workshop or processing plant into surface or ground water bodies
and usable lands. These effluents shall confirm to the standards laid down
in this regard.
23. Precaution against noise.––Noise arising out of mining and
processing operations for minor mineral shall be abated or controlled by the
holder of mineral concession at the source so as to keep it within the 24 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— permissible limit as per the Noise Pollution (Regulation and Control)
Rules, 2000, with amendments.
24. Permissible limits and standards.––The standards and
permissible limits of all pollutants, toxins and noise referred to in Rules-18,
19 and 20 shall be those standards notified under the Environment (Protection
Act), 1986. The standards for emissions or discharge of environment
pollutants shall be as per Rule 3(1) of the rules notified under the said Act.
25. Restoration of flora.––Every holder of mineral concession shall
carry out mining operations in such a manner so as to cause least damage
to the flora of the area held under mineral concession :––
(i) Take immediate measures for planting in the same area or
any other area selected by concerned authority or Regional
Office of MoEF or the authorized officer not less than twice
the number of trees destroyed by reason of any mining
operation ;
(ii) Look after them during the subsistence of the mineral
concession after which these trees shall be handed over to
the State Forest Department or any other authority as may be
nominated by Government.
(iii) Restore, to the extent possible, other flora destroyed by mining
operation.
CHAPTER IV
Grant of Mining Leases
26. Restriction on grant and renewal of Mining Lease.––
26.1 No Mining lease shall be granted by the Competent
Authority/Director unless the Competent Authority/
Director is satisfied that there is evidence to show that No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— the area for which the lease is applied for bears occurrences
of minor mineral or otherwise.
26.2 No lease shall be granted or renewed by the Competent
Authority/Director unless there is a mining plan duly
approved under these rules :
Provided that the Environmental Clearance shall be
mandatory irrespective of the size of the area for the
purpose.
27. Procedure for grant of mining lease.––Any minor mineral
deposits, where the Director decides such areas to be operated under a
mining lease, may be granted on mining lease by the Government for a
period not less than 05 years but not exceeding 15 years depending upon
the nature of the mineral deposit :
Provided that where mineral vests with the Government (State land)
the leases shall be granted after following an open auction process as
provided under Chapter-VI of these rules excluding the quarry areas
ancestrally occupied and certified by the revenue authorities in this
regard :
Provided further that Director shall constitute Committee/Committees
for identification of Minor Mineral Blocks having an area not less than
05 hectares and more than 50 hectares which shall be put to open auction
after approval from the Competent Authority.
28. Application for grant or renewal of mining lease of minor
minerals.––
28.1 Every application for grant of mining lease shall be made
to the Officer Incharge in Form "ML1".
28.2. Every application for renewal of mining lease shall be made
to the Officer Incharge at least 12 months before the date
lease is due to expire in Form "ML2".
26 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
28.3 Every application made under sub-rules (1) and (2) above
shall also be accompanied by :––
(a) a non-refundable fees of Rs. 50,000/- ;
(b) a plan of the area on suitable scale connecting one or
more of the corner pillars with a fixed reference point
in vicinity with accurate bearings and distances and
descriptions of the area applied for incorporated with
title verification of the land ;
(c) a copy of No Due Certificate from Officer Incharge
authorized by the Government in this behalf :
Provided that an affidavit stating that no dues are
outstanding shall suffice, subject to the condition that
the certificate required as above is furnished within
30 days of the date of application failing which the
application shall become invalid :
Provided further that where any injunction has been
issued by the Court or any other authority staying
recovery of any dues, the non-payment thereof shall
not be treated as a disqualification for the purpose of
granting or renewing the lease :
Provided further also that no dues certificate shall
not be required where a person has furnished an
affidavit certified by a Civil Court to the satisfaction
of the department stating that he or any member of
his family does not or did not hold a mining lease or
any other type of mineral concession and no dues of
the department are outstanding against him or any
member of his family.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 27 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(d) an affidavit giving particulars of mineral-wise
areas already held under Mining Lease/Prospecting
License/Quarry Licence by the applicant or with any
person having joint interest or already granted but
not yet executed/registered or already applied but not
yet granted ;
(e) Income Tax Clearance Certificate/Return of every
member ;
(f) Copy of AADHAAR Card and PAN Card.
29. Acknowledgement of application.––Every application under
rule 18 shall be acknowledged in Form "ML3" on the date of its receipt.
30. Disposal of applications for grant and renewal of the mining
lease.––
30.1 An application for grant of mining lease shall be
disposed of by the Competent authority/Director
within a period of 12 months from the date of its
receipt. Beyond 12 months, application will lapse
automatically.
30.2 An application for renewal of mining lease made within
the stipulated period shall be disposed of before the expiry
of lease and if the application is not disposed of within that
period, the lease shall be deemed to have been expired.
31. Refusal of application of mining lease.––The Competent
Authority/Director may refuse to grant or renew any mining lease subject
to reasons to be recorded and communicated to the applicant in writing.
32. Register of mining lease applications and mining leases.––
(i) A register of mining lease applications shall be maintained in the office
of the Director in Form "ML4".
28 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (ii) A register of mining leases shall be maintained in the office of the
Director/Competent Authority in Form "ML5".
33. Area of mining lease of minor minerals.––Area for grant of
mining lease shall not be less than 5 hectares and no mining lease shall be
granted over an area exceeding 50 hectares :
Provided that minimum area for grant of mining lease shall not be
less than one hectare in case of stray, isolated and deposits shallow in
nature.
34. Period for which mining lease for minor minerals may be
granted or renewed.––(i) The maximum period for which a mining lease
may be granted shall not exceed 15 years depending upon the nature of
deposit :
Provided that the minimum period for which any such mining lease
may be granted shall not be less than five years :
Provided further that period of mining lease in respect of river born
deposits shall not exceed 05 years.
(ii) A mining lease may be renewed for a period not exceeding
10 years.
(iii) No renewal will be done after (i) and (ii) above, i. e. beyond
25 years.
35. Renewal of mining lease of minor mineral.––(i) If an
application for the renewal of a mining lease is found complete in all respects,
the Competent Authority/Director may renew the mining lease for a period
not exceeding ten years.
(ii) The competent authority may, while granting renewal of a mining
lease may impose conditions relating to mechanized development of mines
and establishment of mineral based industry after obtaining prior approval
of the Government.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 29 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (iii) Where the application for renewal has been received after the
expiry of lease, renewal application cannot be considered for renewal.
36. Security deposits.––The lessee shall be required to deposit a
sum of Rs.1,00,000/- per hectare or part as security in the shape of a fixed
deposit in favour of Director or in any other form/manner as may be
prescribed by the Government for the due observance of the terms and
conditions of lease.
37. Transfer of mining lease.––
37.1 Except with the prior approval in writing of the Competent
Authority, the lessee shall not :––
(a) assign, sublet, mortgage or in any other manner
transfer the mining lease or any right, title or interest
therein ; or
(b) enter into or make any arrangement, contract or
understanding whereby the lessee will or may be
directly or indirectly financed to a substantial extent
by, or under, which the lessee's operations or
undertakings will or may be substantially controlled
by any person or body of persons other than lessee.
37.2 Any application for transfer of Mining Lease shall be
submitted to the Director along with a processing fee of
Rs. Fifty thousands :
Provided that the lease has remained in force for at least
two years from the date of its grant :
Provided further that such transfer shall not be made, if
there are any dues outstanding against the transferor or
transferee.
30 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 37.3 An application for transfer of mining lease shall be disposed
of by the Government.
37.4 Transfer of mining lease shall not be considered as a matter
of right and the competent authority may refuse such
transfer for the reasons to be recorded and communicated
in writing to the lessee.
37.5 Where, on an application for transfer of mining lease under
these rules, the Government has given consent for such
lease, transfer deed in Form "ML6" or a form shall be
executed within three months from the date of consent
after which transfer application shall not be entertained
and accepted.
38. Conditions of lease.––
38.1 Every mining lease shall be subject to the following
conditions :––
(a) The holder of a mining lease granted before the
commencement of these rules, shall notwithstanding
anything contained in the instrument of lease or any
law or rules in force at such commencement, pay
royalty in respect of any mineral removed by lessee
from the leased area or consumed after such
commencement, at the rates for the time being
specified in Schedule-I in respect of that minor mineral
and in the manner as ordered by the Director ;
(b) The holder of a mining lease granted under these rules
shall pay royalty in respect of any minor mineral
removed by him from and/or consumed, at the rate
for the time being specified in the Schedule-I in
respect of that mineral in the manner as ordered by
the competent authority/the Director ;
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 31 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (c) The lessee shall pay surface rent to the Revenue
Department where such lands are Government
land for surface area used by him for the purpose of
mining ;
(d) The lessee shall pay for yearly dead rent, as per
Schedule-II, in quarterly installments in advance :
Provided that the lessee shall be liable to pay either
dead rent or royalty in respect of each minor mineral
whichever is higher but not both.
(e) The lessee shall pay all dues in the Office of Officer
Incharge in such manner and at such place as may be
mentioned in the lease agreement or as notified by
the Government from time to time ;
(f) The lessee shall not cut or injure any tree in area of
his lease without the previous sanction in writing of
an officer authorized in this behalf under law ;
(g) The lessee shall, at his own expenses erect and at all
times maintain and repair boundary pillars and marks
according to the plan and demarcation report annexed
to the lease ;
(h) The lessee shall not erect, set-up or place any building
or industrial unit in the leased out area :
Provided that shelter for labourers to rest or field office
may be erected, which if not removed before expiry
of lease shall become the property of the Government ;
(i) The lessee shall not carry out any operation in or upon
any public pleasure ground, cremation or burial ground
or place held sacred by any class of persons or any 32 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— house or village site public road or other place which
the Government may determine as public place or in
such a manner as to injure or prejudicially affect any
building, works, property or rights of other persons.
(j) The lessee shall commence mining operations within
three months from the date of execution of the lease
and thereafter carry on such operations effectively in
a manner which will ensure safety of labourers,
conservation of mineral, removal of over burden, and
its proper dumping, storage, drainage of water and
removal of all valuable minerals from the mines in
accordance with the rules.
38.2 The lessee shall as per Environment Management
plan :––
(a) take immediate measures for plantation in the same
area or any other area selected by the Director or an
officer authorized by him, not less than twice the
number of trees destroyed by reasons of any mining
operations and shall look after them during the
subsistence of the lease, after which these trees shall
be handed over to Director or an Officer authorized
by him ;
(b) restore to the extent possible the mined out areas and
other flora destroyed by the mining operations ;
(c) Properly stack the top soil recovered during surface
operations and use the same for plantation or as
backfill, as directed by the Director.
38.3 The lessee shall keep accurate and faithful accounts of all
minor minerals excavated from the mines, the quantity lying
in stock at the mines and the quantity dispatched/utilized No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 33 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
therefrom as also the number of persons employed in Form
"ML7" which shall contain particulars regarding the
quantity of minor mineral sold/utilized, its value and name
of persons or firms to whom sold. The accounts shall be
produced before the assessing authority on such date as
may be fixed in this behalf for the purpose of assessment.
The lessee shall maintain up to date plans of the mines
and shall also allow any officer of the department as may
be authorized by the Director in this behalf to examine
such accounts and plans at any time and shall furnish him
other information as he may require.
38.4 The lessee shall furnish monthly returns in the Form "ML8"
by 15th of the following month to which the returns
relate and Annual Returns in the Form "ML9" by or before
30th April of each year.
38.5 The lessee or any other person shall not remove or dispatch
the minor mineral from the lease hold without proper
challans in Form "A".
38.6 The lessee shall abide by all existing Laws and Rules
enforced by the Government of India as applicable to the
State or the State Government and all such other Laws or
Rules as may be enforced from time to time in respect of
working at the mines and other matters relating to safety,
health and convenience of the employees or of the public.
38.7 The lessee shall allow existing and future lease holders of
any land which is comprised in or is reached by the land
held by the lessee, reasonable facilities for access thereto.
38.8 The lessee shall allow any officer of the department to
enter upon the premises comprised in the lease for the
purpose of inspecting the same and abide by instructions 34 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
issued by him from time to time regarding the conservation
and development of minerals and the related matters.
38.9 The lessee shall make to reasonable satisfaction and pay
such compensation as may be assessed by 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 department against
such damages, injury or disturbances and expenses in
connection therewith.
38.10 The lessee shall forthwith report to the department any
accident which may occur at or in the said premises.
38.11 The lessee shall report to the department, the discovery
of any mineral not specified in the lease within thirty days
of such discovery and shall not win and dispose of such
mineral unless he is permitted to do so by grant of lease or
otherwise.
38.12 If the lessee intends to work such newly discovered mineral
or minerals, he shall, within three months of making such
report as mentioned in Clause (11) intimate his intention to
the Director, apply for mining lease in respect thereof in
accordance with the rules regulating the grant of mining
concessions for that mineral and he may find preference
over other applicants for grant of mineral concession for
that/these mineral(s) within his existing lease area.
However, such mining lease shall not be a matter of right.
38.13 If the lessee intimates his intention not to work the newly
discovered mineral(s) or fails to report about the same
within stipulated period from the date of discovery of new
mineral, then it shall be open to the department to grant a
lease for the working of the same to any other person.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 35 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Any objection in this regard will be disposed of after due
consideration by the Government.
38.14 The lessee may apply for surrender of whole or part of
the lease on the ground that deposits of that mineral have
since exhausted or depleted to such an extent that it is
no longer economical to work the minor mineral.
The Government may permit the lessee for such surrender
which shall be accepted subject to the following
conditions :––
(a) the extent of surrendered area shall not be less than
the minimum prescribed size of the plot fixed for the
minor mineral for that area and shall be rectangular
and contiguous in shape and length being not more
than 4 time the width ;
(b) there shall be no dues outstanding against the lessee ;
(c) the lessee applies for such surrender at least 03 months
before the intended date of surrender ;
(d) the lessee gives an undertaking that he will not cause
any hindrance in the working of mineral area so
surrendered, by any other person who is subsequently
granted a mining lease in respect of that minor
mineral/area :
Provided that the security deposited by lessee shall
be adjusted against outstanding dues, if any.
38.15 The lease shall be liable to be cancelled by the Government/
Director if the lessee ceases to work the mine for a
continuous period of six months without obtaining sanction
of the competent authority.
36 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 38.16 The Director shall, from time to time and at all times
during the term of lease, have the right, to be exercised by
notice in writing to the lessee of pre-emption of the said
minor minerals and all products thereof lying in or upon
the said lands hereby demised or elsewhere under the
control of the lessee and the lessee shall deliver all minerals
or products to the Government/Department at prevalent
market rates in such quantities and in the manner and at
the place specified in the notice exercising the said right.
38.17 In case of any breach on the part of the lessee of any
covenant or condition contained in the lease, the Director
may determine the lease and take possession of the said
premises and forfeit the security deposit or in the alternative
may impose payment of a penalty not exceeding twice the
amount of annual dead rent of the lease. Such action shall
not be taken unless the lessee has failed to remedy the
breach after serving of 15 days notice.
38.18 The Director may also at any time after serving the
aforesaid notice enter upon the said premises and distain
all or any of the minor minerals or movable property therein
and may carry away, distain or order the sale of the
property so distained or so much of it as will suffice for
the satisfaction of the rent or royalty due and all costs and
expenses occasioned by the non-payment thereof.
38.19 As soon as the lease gets expired or is surrendered or is
determined, the lessee shall deliver up the said premises
and all mines dug therein in a proper and workable state
(save in respect of any working as to which the Director
might have sanctioned abandonment) to the Director.
38.20 The minor mineral, machinery or any structures left on
expiry of lease or on determination of lease or on surrender No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 37 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— of lease shall be removed by the lessee within 30 days of
the date of expiry or surrender or receipt of the order of
determination of lease and if the minor mineral, machinery
or structures is not removed within the aforesaid period,
the same shall belong to the Government and Director
may dispose it off either by public auction, by beat of drum
or by direct sale at the rate prevalent in the adjacent area
or by any other means or in any other manner found fit :
Provided that the said condition shall also be applicable to
the part of lease surrendered.
38.21 The Director may by six months prior notice in writing
determine the lease, if it considers that the area under the
lease is required for public interest :
Provided that such notice shall be dispensed within the
event of war or any other situation making it impracticable
to give such notice.
38.22 Director may by an order in writing prohibit further mining
or quarrying in the leased area, if in his opinion such
operation is likely to cause premature collapse of any part
of the working or otherwise endanger the mine or quarry
or the safety of persons employed therein, or there is
danger as regard to outbreak of fire or flooding or such
operation may cause damage to any property.
38.23 The lessee shall not work or carry on or allow to be worked
or carried on at any point within a distance as specified in
Rule 4 from any railway line except with the previous
written permission of the Railway Administration
concerned, or from any reservoir, canal or other public
works or buildings or inhabited site except with the previous
permission of the Collector or any other officer authorized
by or under any law for the time being in force or by the 38 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Government in this behalf and otherwise than in accordance
with such instructions, restrictions and conditions either
general or special as may be attached to such permissions.
The said distance as specified in Rule 4 shall be measured
in the case of railway, reservoir or canal horizontally from
the outer toe of the bank or the outer edge of the cutting
as the case may be, and in case of a building horizontally
from the plinth thereof.
Explanation.––For the purpose of this sub-rule :––
(a) The expression Railway, Administration shall have the
same meaning as defined under sub-section (4) of
section 3 in the Indian Railway Act ; and
(b) "Public Road" shall mean a road which has been
constructed or artificially surfaced by the Government
as distinct from a track resulting from repeated use ;
38.24 If any area of the leased area is declared as a protected
area under the Ancient Monuments Preservation
Act, 1904, the lessee shall have to deliver the possession
back to the department without claiming any compensation
for the area.
38.25 The lessee shall deliver to or permit sample or samples to
be taken by the representative of the department of all
rocks found on Mines or raised there from and all
intermediate and finished products sold or intended for sale
by the lessee.
38.26 The lessee shall abstain from entering upon the surface of
any occupied Government land or on any private land
comprised within the leased area without obtaining in
writing the prior consent of the occupant.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 39 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 38.27 The Director may with the prior approval of the
Government impose such special condition(s) as deemed
necessary, in the interest of mineral development/
protection.
39. Lapsing of leases.––
39.1 Subject to the other conditions of these rules, where mining
operations are not commenced within six months from
execution of the lease deed or is discontinued for a
continuous period of six months after commencement of
such operations, the Director shall, by an order, declare
the mining lease as lapsed and communicate the declaration
to the lessee.
39.2 Where a lessee is unable to commence the mining
operations within a period of six months from the date of
execution of the lease, or discontinues mining operations
for period exceeding six months for reasons beyond his
control, he may submit an application to Director explaining
reasons of the same at least one month before expiry of
such period.
39.3 The Director may on receipt of application made under
sub-rule (2) and on being satisfied about the genuineness
of reasons for the non-commencement of mining operation,
or discontinuance thereof, pass an order before the date
on which the lease would have otherwise lapsed, requesting
the Government for extending or refusing to the extend
the period of the lease.
39.4 Every application under sub-rule (2) shall be entered in
the register kept for this purpose and a receipt shall be
given to the applicant.
40 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
40. Execution of lease.––
40.1 Where the lease has been granted or renewed under these
rules the grantee shall pay demarcation fee, deposit the
security along with one quarterly installment of annual dead
rent and submit requisite stamps for execution of formal
lease deed in Form "ML10" within 30 days from the date
of issue of order of grant.
40.2 The lease deed shall be executed within three months from
the date of issue of order of grant and the Director shall
sign the agreement.
40.3 The lease deed shall be got registered by the lessee within
a period of one month from the date of execution of the
lease deed and registered lease deed shall be submitted
immediately to Director.
40.4 Where the grantee fails to comply with the provisions of
sub-rule (1), (2) & (3) above, the order granting the lease
may be revoked and amount of security and dead rent
deposited by him shall be forfeited :
Provided that if the grantee applies before expiry of 30
days specified in sub-rule (1) for extension of time for
completing the formalities mentioned therein, the Director
may allow further time not exceeding 30 days and that the
authority competent to grant the lease is satisfied that there
are sufficient reasons to believe that the grantee is not
responsible for the delay in the execution/registration/
submission of lease deed, he may permit the execution/
registration/submission and return of the lease deed within
a reasonable time after expiry of aforesaid period subject No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 41 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— to payment of penalty @ 10% of annual dead rent for
every month of delay or part thereof.
40.5 After the registration of duly executed lease deed under
sub-rule (2), the Director or the Officer authorized by the
Government shall make arrangements at the expenses of
the lessee for demarcation of the granted area :
Provided that where the Director or the competent
Authority feels it necessary to demarcate the area before
issuing an order of grant for mining lease, he may ask the
applicant to deposit the demarcation charges within time
specified by him and get the area demarcated. The
demarcation charges shall be Rs. 50,000/- hectare :
Provided further that the Competent Authority shall not
enhance the demarcation charges in respect of any mineral
concession area for more than twice during the initial lease
period :
Provided further also that if the applicant fails to comply,
the order made for grant of' lease shall be revoked.
41. Currency of lease.––The currency of lease shall be the date on
which duly executed deed is registered unless otherwise stated. The lessee
shall have no right to continue work or accumulate stock on or after the
date of termination of lease or its earlier determination, unless otherwise
permitted by the competent authority.
42. The authority to grant mining lease shall be as per following
delegation.––(1) Areas upto 25 hectares by the Competent Authority or
any Officer authorized by the Government in this behalf.
(2) Areas exceeding 25 hectares by Competent Authority.
42 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
CHAPTER V
Grant of Quarry License
43. Restriction on grant of quarry license.––No quarry license
shall be granted/renewed unless a duly approved Mining Plan/Scheme of
Mining is submitted :
Provided that the Environmental Management Plan shall be mandatory
irrespective of the size of the area/plots in case of extraction of river bed
material like sand, bajri and boulders from the river/nallahs.
44. Procedure for grant of quarry license.––Any minor mineral
deposits, where the Director decides such areas to be operated under a
Quarry License, may be granted by the Director for a period not less than
03 years but not exceeding 05 years. Such lease/quarry license shall not be
renewed and the area shall be put to auction after a period of 05 years or
after the expiry of the lease/license whichever is earlier :
Provided that where mineral vests with the Government (State land)
the license shall be granted after following an open auction process as
provided under Chapter-VI of these rules excluding the quarry
areas ancestrally occupied and certified by the revenue authorities in this
regard :
Provided further that Director shall constitute Committee/Committees
for identification of Minor Mineral plots having an area not less than
01 hectare and more than 05 hectares which shall be put to open auction
after approval from the Competent Authority.
45. Period and area of quarry license.––(i) No quarry license
shall be granted for a period not exceeding 05 years having no renewal
facility.
(ii) No quarry license shall be granted for an area exceeding
05 hectares.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 43 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
46. Application for grant/renewal of quarry license.––(i) Every
application for the grant/renewal of quarry license shall be submitted
in Form 'QL1' to the Officer Incharge and shall be accompanied by a
non-refundable fee of Rs. 50,000/-
(ii) Every such application made under sub-rule (1) shall be
accompanied by––
(a) site plan of the applied area along with coordinates ;
(b) revenue extracts of the applied area along with last Jamabandi
position ;
(c) No Demand Certificate of department ;
(d) the consent of owner or occupier of the applied area ;
(e) Copy of AADHAAR Card and PAN Card.
47. Disposal of applications for grant/renewal of quarry
license.––(i) Every application for grant of quarry licensee shall be disposed
off within a period of 06 months.
(ii) The application for renewal of quarry licensee shall be disposed
off within a period of 03 months provided that application is made three
months prior to the date of expiry of the license for which renewal is
required.
48. Grant of quarry license.––(i) The extraction of minor minerals
from any land shall be regulated by grant of quarry license by Director or
an Officer authorized by the Government :
Provided that grant of quarry license for extraction of river bed material
shall be regulated as per the related provisions of the J&K Water Resources
(Regulation and Management) Act, 2010 and J&K Water Resources
(Regulation and Management) Rules, 2011.
44 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (ii) The Director or an Officer authorized by the Government within
his jurisdiction shall issue/renew the quarry license in the form 'QL2' :
Provided that in respect of quarrying of river bed material, the said
license shall be granted by the Director or an Officer authorized by the
Government only after seeking specific NOC from the concerned Executive
Engineer of the Irrigation and/or Flood Control Department in terms of
Jammu and Kashmir Water Resource (Regulation and Management)
Act, 2010 :
Provided further that no license shall be issued in respect of Forest/
Protected area and Eco-sensitive Zones unless, prior sanction is obtained
from the Competent Authority as per J&K Forest Conservation Act, 1997
containing details of volume of minerals i. e. quantity to be extracted/
removed and validity of time period :
Provided further also that the Director or an Officer authorized by
the Government within his jurisdiction shall issue the quarry license for
areas falling partly or wholly in Forest/Protected area and Eco-sensitive
Zones in case prior sanction of the Competent Authority under J&K Forest
Conservation Act, 1997 and/or J&K Wildlife Protection Act as the case
may be has been obtained.
49. Security deposits.––The licensee shall be required to deposit a
sum of Rs. 50,000/- per hectare or part as security in the shape of a fixed
deposit or in any other form/manner as may be prescribed by the Competent
Authority for the due observance of the terms and conditions of license.
50. Conditions of quarry license.––
50.1 The licensee shall pay advance royalty on monthly basis
on the quantity of the minor mineral intended to be
dispatched from the quarry at the rate specified in the
Schedule-I, to the department and after which the officer
authorized in this behalf shall within his jurisdiction issue No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 45 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— the authorization for lifting/removal of the said quantity in
Form 'QL3'.
50.2 The licensee shall remove the quarry waste dumped during
excavation or pay such amount per year or part thereof to
the department for removal of quarry waste dumped during
the extraction at such rate and at such time as may be
fixed by department from time to time.
50.3 The licensee shall start work in the quarry within ten days
of the grant of license and shall thereafter continue to work
effectively in a proper skillful and workman like manner
with regard to conservation of mineral and safety of
labourers and surroundings.
50.4 The licensee shall maintain and at all times keep intact
boundary pillars at the corners of the plot/area according
to the approved site plan.
50.5 The licensee shall abide by the instructions of the
department regarding the working of the quarry, removal
of waste, drainage and other matters concerned with the
systematic development and working of the area.
50.6 The licensee shall make to the reasonable satisfaction and
pay such compensation as may be determined by lawful
authority in accordance with the law or rules or order in
force on the subject for damages, injuries or disturbances
which may be caused by him and shall indemnify and keep
indemnified the department against all such damages,
injuries or disturbances and all costs and expenses incurred
thereon or therewith.
50.7 The licensee shall without any delay report to the
department any accident which may occur at or in the 46 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— said premises and also the discovery in or around
the license area of any mineral not specified in the
license.
50.8 The license may be cancelled by the Government/Director
without giving any notice if the licensee fails to start work
at the said quarry or does not work it for a continuous
period of four months.
50.9 The minor mineral left on the expiry of license period or
cancellation of license shall be removed by licensee within
15 days of the expiry of license or receipt of the order of
cancellation of license.
50.10 The licensee shall confine his workings within the limits of
the minor mineral plot allotted to him and shall not
undertake mining outside his plot, in case the licensee is
found working outside the boundary of his allotted plot/
area, the license may be cancelled.
50.11 The licensee shall not obstruct approach to the adjoining
licensee(s). In case of any dispute about the approach
road, directions of Director or Officer Incharge shall be
final and binding.
50.12 The licensee shall have to make the transportation of
mineral removed from the plot/area under a proper challan
in Form "A".
51. Cancellation of license.––lf the licensee commits breach of
terms of license or any provision of the rules or fails to comply with the
directions given, within the period specified, the Director or an Officer
authorized by the Government may, after giving 15 days notice to remedy
the breach or to comply the direction, impose penalty not exceeding
Rs. 25,000/- or in the alternative may cancel the license with forfeiture of
security deposits and license fee for the remaining period of the license.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 47 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
CHAPTER VI
Grant of Mining Lease/Quarry License by inviting/Auctions
52. Mining leases/Quarry Licenses may be granted through a process
of open auction by the Competent Authority.
53. Determination of reserve price.––(i) The Director shall fix the
reserve price in each case with the approval of the Government.
(ii) The reserve price may be fixed keeping in view the
following :––
(a) actual physical quantities of mineral produced and dispatched
from the area concerned during last three years ;
(b) last three year's collection of royalty from such deposits in
open market in the State and the other States ;
(c) expected increase in revenue in the proposed contract period
due to increased consumption of mineral in coming times ;
(d) potential of mineral reserves, feasibility, haulage facilities and
other relevant matters about the area.
54. Terms and conditions for grant of mineral concession through
auction.––(i) The Auction of Mineral Concession area shall be conducted
in the District Headquarter concerned by the Chairman of the Auction
Committee of the District in presence of its members as notified by the
Government.
(ii) The terms and conditions and description of the Mineral
Concession area shall be read out to the intending bidders at the time of
auction.
48 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (iii) The participants in the auction shall submit to the
Committee :––
(a) (i) Earnest money not less than Rs. 1.50 lacs or 15% of the
minimum bid amount whichever is higher in the shape of
CDR pledged to Officer Incharge of the District ;
(ii) an affidavit stating that no dues of the department are
outstanding against the bidder or partners of the Firm/
Directors of the company or their family members as the
case may be ;
(iii) power of Attorney/Resolution passed by the Board of
Directors in case intending Bidder is Partnership Firm or
Company or Society as the case may be ;
(iv) Income Tax Clearance Certificate/Income Tax Return as
provided in Income Tax Act, 1961.
(b) No interest shall be payable by the department on the earnest
money ;
(c) Any participant not having the requisite earnest money, affidavit
regarding no dues, power of attorney and copy of Mineral
Trade License shall not be allowed to participate in the
auction ;
(d) The Chairman shall conduct the auction in the peaceful manner
and may direct any bidder to leave the auction premises in the
event of misbehavior during the course of auction and shall
reject his bid or, if necessary, debar him for a period of three
years from the date of misbehaving for grant of any Concession
under these rules including forfeiture of earnest money
deposited by such bidder ;
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 49 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (e) On completion of the bid process i. e. fall of the hammer, the
Chairman may provisionally accept or reject the highest bid
offered/received during the auction proceedings and shall send
his recommendations to the Director :
Provided that in case the auction proceedings are not conducted
under the Chairmanship of Deputy Commissioner, the
recommendations as required under bi-rule (e) above shall be
made by the Dy. Commissioner.
(f) No highest bid shall be regarded as accepted unless approved
by the Director in case the highest bid is up to 150.00 lacs
and by the Government in case the highest bid is above
Rs.150.00 lacs ;
(g) The bidder whose bid is provisionally accepted, Director shall
issue Letter of Intent (LoI) to complete the formalities as
required for the grant of Mining Lease or Quarry License
under these rules as the case may be within a period of six
months, including deposition of remaining bid amount ;
(h) The bid amount offered by the successful bidder shall be
considered as guarantee amount for grant of such Mineral
Concession ;
(i) No person against whom any dues of the department are
outstanding shall be considered for acceptance of a bid under
this rule :
Provided that where any injunction order has been issued by a
court of law or other competent authority staying the recovery
of such dues, the non-payment thereof shall not be treated as
disqualification for the purpose of this rule :
The earnest money deposited by participants, save in the cases
where the earnest money has been ordered to be forfeited by 50 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— the Chairman grounds of any misconduct during the auction
proceedings, shall be refunded immediately upon completion
of the auction proceedings ;
(iv) The complete process shall be videographed and kept in safe
custody for at least three years.
55. Presiding Officer.––Bids for grant of Mineral Concession shall
be received in the office of Presiding Officer, not below the rank of Joint
Director, Dy. Director, Mining Engineer of the department authorized in
this behalf by the Director.
56. Auction Committee.––For grant of Mineral Concessions through
auction a Committee consisting of following shall be constituted by the
Competent Authority in each District of the State :––
1. Dy. Commissioner concerned or an (Chairman)
Officer authorized by him not below
the rank of Additional Deputy
Commissioner
2. Superintending Engineer (R&B) or (Member)
an officer authorized by him not
below the rank of Executive
Engineer
3. District Treasury Officer (Member)
4. Executive Engineer (I&FC) (Member)
5. Officer of the department not below
the rank of Deputy Director Mining (Member)
Engineer
6. Officer Incharge of the concerned (Member-Secretary)
District No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 51 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— CHAPTER VII
Grant of Short-Term/Disposal Permit
57. Restrictions on the grant of short-term/disposal permit.––
57.1 Short-term permit shall be granted for––
(a) Disposal of minor minerals encountered in the process
of construction of tunnels, canals, roads, bridges,
buildings etc. ;
(b) Disposal of minor minerals excavated during the
process of construction, maintenance and operation
of the tunnels, canals, roads, drainage system by State
Government Departments ;
(c) Government works of emergent nature for public
interest ;
(d) an area not less than 01 hectare and not covered
under any other mineral concession granted under
these rules for the excavation of specified quantity
of minor minerals for a specified period on advance
payment of royalty and guarantee amount. However,
disposal permit shall be given on an area not exceeding
one hectare.
57.2 The authority to grant short-term permit shall be exercised
as per the following delegations :–––
(a) up to 5000 tonnes by Officer Incharge of the District
concerned ;
(b) above 5,000 up to 50,000 by the Joint Director/
Dy. Director/Mining Engineer of the Department ;
(c) above 50,000 tonnes by the Director.
52 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 57.3 Short-Term/Disposal Permit may be granted for a specified
period not exceeding three months, for a specified
quantity only without any provision for extension.
58. Application for short-term permit.––
58.1 Application for short-term permit shall be made to Officer
Incharge in the Form "STP1" and shall be accompanied
by a fee of Rs. 20,000/- (Rupees twenty thousand).
58.2 Every application for short-term permit shall be
accompanied by the description of the land giving location
of the area from where excavation of mineral shall be
made and shall be accompanied by the consent of owner
of the land in case of proprietary land, consent of the
department concerned in case of departmental land and
by the consent of State Revenue Department in case of
State Land or any other Officer of the Department duly
authorized by the said department.
58.3 Copy of AADHAAR Card and PAN Card.
59. Grant of short-term permit.––Short-term permit shall be granted
through open auction subject to the provisions of these rules, the short term
permit shall be granted in Form "STP2" and disposal permits shall be granted
on first come first serve basis :
Provided that permits under this rule shall be granted only in cases
where the Director decides such areas to be operated for short periods
under special circumstances and with adequate environmental safeguards,
precautions and applicable statutory clearances from the concerned
agencies.
60. Refusal of application for grant of short-term permit.––
The Director, or any Officer authorized in this behalf, may refuse the No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 53 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— application for grant of short-term permit on the reasons to be recorded in
writing.
61. Conditions of short-term permits.––
61.1 A person in whose favour short-term permit is granted
under these rules shall––
(a) have to operate the specified area by formation of
safety benches for safe/scientific mining, the width
of the benches shall not be less than its height and
the height of any bench shall not be more than
01 meter ;
(b) shall take all precautions for the protection of
environment and control of pollution ;
(c) not transfer such permit ;
(d) be bound to record the extracted material at the
nearest Mineral Check Post ;
(e) surrender such permit after the quantity noted therein
is dispatched, to the department within a week after
the last consignment of dispatch along with the
particulars by giving the details of the name of the
consignee, the date and dispatch etc. ;
(f ) have to make the transportation of mineral removed
from the area under a duly authenticated challan in
Form "A" ;
(g) allow the executive staff and the officers of the
Department of Geology and Mining to inspect, check
and measure the minor minerals at all stages including
its transportation ;
54 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (h) be responsible for any third party claim/interference
and department shall not be responsible for
such claims/interference within mineral concession
area ;
(i) have to indemnify and always keep indemnified
department of all injuries/ accidents/claims of third
party within area of mineral concession.
61.2 Failure to comply with any of the above conditions shall
lead withdrawal of the permit or cancellation of the same.
61.3 The department shall have the right to claim additional
royalty dues on the scrutiny of the sale documents and the
test checks, provided the excess quantity is not beyond
10% of the quantity mentioned in the permit. In case the
excess quantity is beyond 10% permit holder shall be liable
to pay back to the department the excess quantity
excavated/used as assessed by the District Incharge.
61.4 Guarantee amount equal to double the amount of royalty
shall also be paid by the short-term quarry permit holder
in advance.
CHAPTER VIII
Establishment of Mineral Check Posts, Storage and
Transportation of Minerals
62. Establishment of check posts, barriers.––
62.1 If the Government consider it necessary to do so, with a
view to prevent illegal mining, transportation and storage
of minerals at any place or places within the State it may
direct for setting up of check posts or erection of a barrier
or both at such place or places as it deem fit.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 55 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 62.2 The Director, or any other Officer authorized by the
Government in this behalf may check any carrier carrying
the mineral at any place and the owner or the person
incharge of the vehicle shall furnish the prescribed form
and other particulars as demanded by the officer.
63. Inspection of minerals in transit and its weighment.––
63.1 Every owner or person incharge of a vehicle shall carry
with him a valid challan in triplicate with date and time of
dispatch containing necessary particulars in respect of the
mineral carried and shall produce the same before any in-
charge of a check post or barrier or other officer
empowered in this behalf.
63.2 All vehicles transporting mineral shall stop at the check
post/barrier installed by the department and shall present
the authenticated challans in triplicate to incharge check
post/barrier.
63.3 The incharge of every check post or the barrier shall after
verification of challans put his signatures with date and
time and retain one copy of the challan and record the
details of the challan in the register maintained at the check
post in Form "B"
Duly authenticated challans in Form "A" shall only be
retained at the 1st check post falling on the route of transit.
63.4 If the incharge of the check post or any other officer
mentioned in sub-rule (2) above has a reason to believe
that royalty has been evaded in respect of any mineral,
such officer/official may require the owner or person
incharge of the carrier to pay an amount equal to 10 times
the amount of royalty payable on the mineral in accordance
with Schedule-I.
56 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 63.5 Where on weighment or by measurement it is found that
the entire quantity of mineral is not covered by the challans,
the amount of royalty on such difference, shall be recovered
by the incharge of the check post along with cost of the
mineral on spot.
63.6 (a) The incharge of the check post or the barrier or the
officer empowered shall have the power to seize and
confiscate any mineral which is under transit by a
carrier and dispatch of which is not covered by a valid
challan, if the owner or person incharge of the carrier
refuses to make payment as required.
(b) The incharge of the check post or the barrier or any
officer empowered in this behalf shall give a receipt
of such mineral seized by him to the person from
whose possession or control it is seized.
(c) The incharge of the check post or any officer
empowered may direct the person in-charge of the
carrier to carry the mineral to the nearest police station
or check post or barrier of the department :
Provided that if the person incharge of the carrier
refuses to carry the carrier to the nearest police station
or check post/barrier of the department, incharge or
any other officer empowered may seize the carrier
as the case may be, and take the same in possession.
63.7 Whenever an order of confiscation in respect of mineral
seized is made by an officer empowered by the Director
in this behalf such Officer/Official shall give an option to
the owner or incharge of the vehicle to pay an amount
equal to 10 times of royalty in view of such confiscation.
In case of failure of the owner or person incharge of the
carrier to exercise such option the confiscated material No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 57 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— may be disposed off by the confiscating officer/official or
any other officer authorized in this behalf by public auction
by beat of drum :
Provided that no such mineral confiscated shall be disposed
off by the confiscating officer/official or any other officer
authorized in this behalf before 48 hours of such
confiscation and till that time option shall remain with the
owner or person incharge of the carrier to carry the mineral
after paying the cost of the mineral.
64. Restrictions for Stocking and Trading of minerals.––
No person other than a mineral concession holder shall stock sell or offer
sale of any mineral/mineral products in raw or processed form for
commercial purpose or trade without holding a license for the said purpose.
65. Restrictions on transportation of minerals.––
65.1 No person shall transport or cause to be transported any
mineral, in whatever form, from one place to another by
any carrier under these rules without a proper challan in
Form "A" duly authenticated by concerned District Mineral
Office :
Provided that no mineral concession holder, as the case
may be, shall transport or cause to be transported any
mineral from the river/nallah bed like sand, bajri and boulder
etc. to any other site without obtaining a specific NOC in
this regard from the concerned Executive Engineer
Irrigation and/or Flood Control.
65.2 The mineral concession holder either shall prepare in his
name machine numbered quadruplicate challan, at his
expense as per Form "A" or shall apply for and shall be
issued the challan books containing such duly numbered
challans by the officer incharge of the district concerned.
58 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— The challan book before being put to use shall be got
authenticated by the officer incharge of the District Mineral
Office, concerned. The mineral concession holder, as the
case may be, shall maintain a register of all receipts and
dispatches along with the challans issued by him and furnish
such details in monthly production and dispatch reports
and shall maintain a complete account of challan books
utilized by him.
65.3 A mineral concession holder shall give the proper challans
issued to him to every purchaser of the mineral for lawful
dispatch and disposal of the mineral, in whatever form,
following a proper seriatim, from the concession area.
65.4 The officer incharge of the district concerned shall not
issue any further booklets to the mineral concession holder
as the case may be till such time the concession holder/
licensee submits a complete account of the booklets or
challans issued to him on the previous occasion and used
by him, keeping a margin of not more than such number of
challans as may be required for a period not more than
seven days for the intervening period.
65.5 All relevant details such as the source of dispatch, the
registration number of the carrier, the weight (in MT) or
quantity of mineral dispatched from the source, the name
of the transporter and the destination of consignment shall
necessarily be filledup in a legible manner in the proper
challan, which shall be liable to be presented at every
mineral check post coming on the way of transit or on
demand by an authorized officer.
65.6 All above information shall be computerized and put up on
the website on weekly basis failing to which disciplinary
action to be initiated against the incharge officer.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 59 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 66. Unlawful Transportation and Excavation etc. of minerals.–
–Wherever a carrier/machine is found to be transporting/excavating any
mineral in whatever form, without a proper challan as required under these
rules, he shall be liable to be dealt as under––
(a) Where a carrier is found to be indulging in violation of the
rules for the first time, the said mineral would be liable to be
seized along with the carrier, which may be released only upon
realization of the payment of price of the mineral and the
applicable royalty for the mineral being transported and a fine
not less than Rs. 10,000/- ;
(b) Wherever a carrier is found to be indulging in such violation
for the second time, the said mineral along with carrier shall
be seized and released after three days upon realization of
price of mineral and the applicable royalty and a fine which
shall not be less than Rs. 20,000/- ;
(c) Wherever a carrier is found to be indulging in such violation
for the third time or more, the incharge officer shall proceed
as per the section 21 of the Act.
CHAPTER IX
Mines and Minerals Development Restoration and
Rehabilitation Fund
67. Mines and Minerals Development Fund.––A Fund known as
the Mines and Minerals Development, Restoration and Rehabilitation Fund
(MMDRRF) shall be established under 'public account' in the State under
the administrative control of the department to which rehabilitation charges
payable under section 15 A of the Act shall be credited in order to meet the
following objectives :––
(a) funding of the restoration or rehabilitation works in the sites
affected by mining operations ;
60 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (b) provision of common facilities for the benefit of community in
and around areas where mining activities are undertaken ;
(c) development of infrastructure facilities for orderly growth of
the mining operations and allied activities ;
(d) funding of the studies commissioned or activities related to
the mining sector e. g. survey, exploration and prospecting of
minerals, procurement of equipment and machinery required
to support such activities ;
(e) education, awareness and training of the mineral concession
holders and the staff of the department through field visits/
excursions and exposure to the best mining practices ;
(f) funding of expenditure incurred on implementation of any
scheme of incentives that the State Government may frame
for recognition and awards for scientific mining undertaken
with highest regard to mineral conservation, rehabilitation
measures along with environmental safeguards and other
measures ;
(g) any other objectives which the Government may consider
expedient to support in the overall interest of the mining sector.
68. Contribution to Mines and Minerals Development Fund.––
68.1 An amount equal to ten per cent of the dead rent or royalty
or contract money paid to the State shall be charged from
the mineral concession holder in the nature of other charges
for restoration and rehabilitation works and credited to the
fund in addition to the amount payable to the Government
on account of such dead rent or royalty or contract money
as the case may be.
68.2 The said contribution shall be remitted by the mineral
concession holder in installments along with the installments No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 61 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— of dead rent or royalty or contract money as the case may
be in addition to the dead rent/royalty/contract money, such
amount shall be reconciled at the closure of financial year
and any differential amount due shall be adjusted or paid
on reconciliation.
68.3 The Govt. shall also set apart and contribute five per cent
of the amount received by it on account of the dead rent
or royalty or contract money as the case may be in a
financial year to the fund in the manner decided in
consultation with the Finance Department of the State.
68.4 The department shall maintain complete account of receipts
to the fund and the expenditure made therefrom and shall
invest the progressive accumulated corpus in a manner so
as to earn secure returns therefrom. Proper mechanism
shall be worked out to meet the expenditure out of proposed
Mines and Minerals Development Restoration and
Rehabilitation Fund with a very clear and visible
participation of the local residents. A separate detailed
process shall be devised in this regard with the concurrence
of the Finance Department. However, the expenditure will
be made on the basis of Pardhan Mantri Khanij Kshetra
Kalyan Yogna (PMKKKY) issued by Ministry of Coal,
Government of India to be implemented by District Mineral
Foundations.
69. Utilization of Mines and Minerals Development Fund.––
69.1 The amount available in the fund shall be utilized strictly
for fulfillment of the objectives for which the fund is set
up and on the terms and conditions as may be stipulated
by the committee constituted for the said purpose under
these rules.
62 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 69.2 The expenditure on restoration and rehabilitation of the
mining sites shall remain the first charge on the fund.
69.3 Every mineral concession holder before undertaking the
restoration and rehabilitation works as a part of his
progressive mine closure plan shall get his estimates of
expenditure on such works duly approved from the Director
or an officer authorized by the Government in this regard
and submit the utilization certificate duly certified by a
registered chartered accountant. This work shall be
executed under the supervision of the Forest Department
as the case may be. The mineral concession holder shall
be entitled to get the expended amount re-imbursed being
limited to the amount contributed by him and any
expenditure incurred over and above this limit shall have
to be borne by the mineral concession holder of his own.
Explanatory Note : Notwithstanding the expenditure
incurred by a mineral concession holder on the measures
taken for the progressive mine closure plan the occasion
for undertaking the complete restoration and rehabilitation
works in respect of any mining area arises only when a
mine reaches the closure stage or so declared by the
department. It is likely that the mining operations would
have been undertaken by multiple concession holders
before reaching the stage of closure of a mine, making it
imperative that the comprehensive measures for restoration
and rehabilitation of a mining site are taken up only upon
closure of such mine. The responsibility for execution of
such plan shall rest with the mineral concession holder
operating such area at the time of its closure. Since the
contribution to the fund is also made by concession holders
who have operated the area during the intervening period, No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 63 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— the financial burden of restoration and rehabilitation
measures shall not be borne by the last concession holder
alone.
69.4 A mineral concession holder operating the mine at the time
of its final mine closure plan shall prepare and submit the
estimates for implementation of the final restoration and
rehabilitation plan prepared by RQP to the Director for
approval of the estimates. The Director would obtain
necessary domain assistance from the Forest Department
before approval.
69.5 The Director shall approve such estimates with or without
any modifications as suggested by the Forest Department
and reimburse the expenditure actually incurred on the
site by the implementing agency in phased manner out of
the fund. The amount so re-imbursed shall not exceed the
total amount received from the mineral concession holders
in respect of that site less the expenditure already incurred
earlier.
69.6 The Director may require the mineral concession holder
to engage an independent agency for implementation of
the restoration and rehabilitation works and evolve a system
of monitoring the deliverables through an independent
agency.
70. Constitution of Committee for approval to expenditure.––
(i) Any or all proposals for expenditure from the fund shall be approved by
a committee of officers constituted by the Government.
(ii) The mode and method of collection, remittance, and utilization of
other charges shall be notified separately by the Government.
64 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— CHAPTER X
Assessment of Royalty
71. Assessment of royalty.––
71.1 Assessment and determination of royalty due from an
assessee for an assessment year or as required shall be
made by assessing authority authorized by the Government
after the returns in respect of that year have been filed by
the assessee as required under terms and conditions of
the deed or the statement of production, dispatches or
consumption submitted by the person concerned or upon
checking the stock and other records of the assessee :
Provided that the assessing authority may make provisional
assessment for a particular period during the assessment
year after the receipt of statistical returns in respect of
that period.
71.2 For the purpose of assessment of royalty as mentioned in
sub-rule 71.1, the assessing authority may fix a date and
place at which the assessee shall produce such records
as may be required by it (assessing authority) in respect
of production, removal, consumption and stocks, bills of
sales, labour attendance, payments and any other account
books connected with these matters.
71.3 For the purpose of sub-rule 71.2, the assessing authority
may serve a fifteen days notice upon the assessee
requiring him to appear in person or by an agent duly
authorized in writing on a date and at place specified in
the notice and to produce or cause to be produced any
evidence on which the assessee relies in support of the No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 65 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— correctness of the returns or statements and records
furnished by him or produce or cause to be produced such
accounts or documents pertaining to the assessment year
and the last five years preceding the assessment year as
the assessing authority may require.
71.4 On the day specified in the notice given under sub-rule
71.3 or on any other day thereafter which the assessing
authority may fix, the assessing authority, after hearing
and considering the evidence as may be produced by the
assessee in this behalf and such other evidence and
documents as the assessing authority may require, shall
make an order in writing of assessment of royalty payable
by the assessee.
72. Assessment on the basis of best judgment in case of failure
to submit monthly and annual returns or in case of likely evasion of
royalty.––If the assessee fails to furnish the details under these rules within
the period prescribed and the assessing authority has reasons to believe
that the assessee has evaded or avoided any royalty, the assessing authority
may after giving assessee a reasonable opportunity of being heard not beyond
thirty days notice and after making such inquiry, as considered necessary,
assess the royalty for the period to the best of its judgment. The amount so
assessed shall be payable by the assessee forthwith and in case of default
in payment, the amount so assessed shall be recovered as arrears of land
revenue under the J&K Land Revenue Act and Rules :
Provided that no such royalty assessment shall be made on best
judgment basis without obtaining prior approval of the next higher authority.
73. Assessment of royalty incorrectly assessed.––(i) If for any
reason, the whole or any part of dispatches of mineral from the mineral
concession area or consumption of mineral within the area, escaped royalty 66 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— or was assessed at a low rate in any year, the assessing authority may
serve a notice upon the assessee in Form "C" and may proceed to assess
or re-assess the correct amount of royalty :
Provided that nothing in this sub-rule shall be deemed to prevent the
assessing authority from making an assessment to the best of its judgment.
(ii) No notice under sub-rule (1) shall be issued in respect of dispatch
and consumption of mineral for any year after expiry of five years from the
date of relevant assessment :
Provided that this rule shall not apply for any assessment or re-
assessment made in consequence of or to give effect to any finding or
direction contained in an order in appeal or revision or in an order of any
competent court.
CHAPTER XI
Illegal or Unauthorized Mining
74. Illegal or unauthorized mining.––Any person undertaking any
mining operations without a valid mineral concession granted under the Act
and the rules framed thereunder in any area shall be deemed to be indulging
in illegal or unuthorized mining and shall be dealt in accordance with the
provisions contained in this chapter.
75. Penalties.––Any act of illegal or unauthorized mining shall be
liable to the following :––
75.1 for a first time violation, the said mineral shall be liable to
be seized alongwith the impounding of all such tools,
equipments, vehicles or any other things used for such un-
authorized operation, which may be released only after
recovery of price of mineral along with its royalty and a
fine not less than Rupees ten thousand.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 67 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 75.2 for a second time violation, the said mineral shall be liable
to be seized along with the impounding of all such tools,
equipments, vehicles or any other things used for such un-
authorized operation for a minimum period of seven days
which may be released only after recovery of price of
mineral along with its royalty and a fine not less than
Rupees twenty thousand.
75.3 Wherever a person is found to be indulging in such offence
for the third time or more, the officer concerned shall lodge
an FIR and handover all such tools, equipments, vehicles
or any other things used for such unauthorized operation
to the police. Any such offence shall entail :
(a) confiscation of all such tools, equipments, vehicles or
any other things used for such unauthorized operation
for a minimum period of thirty days or more ; and
(b) pecuniary penalty and punishment for the offence as
provided under sections 21, 23A and section 23B of
the Mines and Minerals (Development and Regulation)
Act, 1957.
76. Offences by companies.––(i) If the person committing an offence
under these rules is a company registered under the Companies Act, every
person, who at the time when the offence was committed was incharge
and was responsible to the company for the conduct of the business of the
company, shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly :
Provided that nothing contained in this sub-rule shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercised due diligence to prevent the
commission of such offence.
68 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (ii) Where an offence under these rules has been committed with the
consent or connivance of any Director, Manager, Secretary or other
authorized representative of the company, such Director, Manager, Secretary
or other authorized representative shall be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
77. Cognizance of any offence.––No court shall take cognizance
of any offence punishable under these rules except upon a complaint in
writing made by the Director or any other officer authorized by the
Government in this behalf not below the rank of Assistant Mineral Officer
within three months of the date on which said offence is alleged to have
been committed :
Provided that Junior Overman/Sr. Overman/Mine Surveyor/
Regional Inspector/Geological Assistant shall obtain prior approval of the
Joint Director, Geology and Mining Department before filing any complaint.
CHAPTER XII
Delegation of Powers, Appeal and Revision
78. Delegation of powers.––The Government may, by notification
in the official gazette or as deem fit direct that any or all the powers
exercisable by it under these rules may in relation to such matters and
subject to such conditions, if any, as may be specified in the notification be
exercisable also by such officer or authority subordinate to the Government.
The delegation of some of the powers under these rules shall also be
exercised by the Officers shown as under :––
(i) Sections 21(4) and 21(5) of the Act : Officer incharge District
Mineral Office concerned within his jurisdiction ;
(ii) Section 22, section 23A and section 23B of the Act : Assistant
Mining Engineer/Mineral Officer/Geologist Grade-11&1/
Mining Engineer/Dy. Director/Joint Director within the areas No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 69 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— of their jurisdiction in addition to sections 21(4) and 21(5) of
the Act.
79. Appeal.––(i) Any person aggrieved by an order passed by any
officer incharge sub-ordinate to Director shall have the right of appeal to
the Director.
(ii) Any person aggrieved by an order passed in appeal under
sub-rule (1) or any other order passed by the Director under these rules
shall have the right of appeal to the Government.
(iii) The order passed by the Government in appeal shall be final.
80. Form of appeal and fees.––(i) An appeal under Rule 79 shall
be presented in the form of memorandum of appeal in duplicate numbered
in paragraphs stating concisely and precisely the grounds of appeal and
relief demanded.
(ii) The memorandum of appeal shall be accompanied with a fee
Rs. 5,000/- deposited in the Government treasury under the relevant Account
Head.
81. Limitation.––An appeal under Rule 79 shall be filed within three
months of the date of communication of the order appealed against :
Provided that delay in filing appeal may be condoned if the appellant
satisfies the appellate authority that there was sufficient cause for not filing
the appeal within the stipulated period.
82. Procedure of appeal.––(1) Upon receipt of memorandum of
appeal satisfying requirement of rules 79 and 80, the appellate authority
shall fix a date for hearing, and if it finds fit, may call for the relevant
records and other information from the officer whose order is the subject
of appeal.
(2) The appellate authority may confirm/modify or set aside the order
under appeal, after giving the appellant an opportunity of being heard and 70 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— considering any comments that might be offered by the Officer whose
order is under appeal.
83. Revision.––(i) The Government in respect of any order, whether
in appeal or otherwise passed under these rules by the Director, may on an
application by an aggrieved party made within 03 months of communication
of such order in this behalf or of its own motion call for and examine the
connected records for the purpose of satisfying itself as to the correctness,
legality or propriety of the order and may confirm, modify or rescind such
order :
Provided that an application for revision may be admitted by the
Government after the said period of 03 months, but not beyond six months,
if the Government is satisfied that the applicant had sufficient cause for not
filing the revision application in time.
(ii) Every application for revision shall be made in Form "D" in
duplicate and shall be accompanied by a fee of Rs. 2,000/- deposited in the
Government treasury under the relevant account head.
CHAPTER XIII
Miscellaneous
84. Mining operations to be under mineral concession.––No
mineral concession shall be granted otherwise than in accordance with the
provisions of these rules and if granted shall be deemed to be null and void.
85. Reservation of area for prospecting or mining operations by
the department.––Where the department proposes to undertake exploration/
exploitation of any mineral, Director shall reserve the area by issuance of a
notice, in at least three daily newspaper having maximum circulation in the
State. The notice shall give details of area and the period for which such
operations are proposed to be undertaken.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 71 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 86. Status of the grant on the death of applicant for mineral
concession.––(i) Where an applicant for grant or renewal of any mineral
concession dies before the order of grant/renewal as the case may be is
passed, the application for the grant or renewal of mineral concession shall
be deemed to have been made by his legal heir/representative.
(ii) In the case of an applicant in respect of whom an order granting
or renewing a mineral concession is passed, but dies before execution of
the deed, the order shall be deemed to have been passed in the name of the
legal heir/representative of the deceased.
87. Register to be open for inspection.––All registers maintained
by the department under these Rules shall be open for inspection by any
person who holds or intends to acquire a mineral concession on payment of
a fee of Rs. 100/- for each inspection.
88. System of working/River Bed mining––
88.1 System of working in minor minerals shall be performed
as per the Mines Act, 1952(35 of 1952) and Metalliferous
Mines Regulations, 1961.
88.2 In case of river bed mining––
(a) specific river stretches shall be identified and mineral
concessions shall be granted stretch wise, so that the
requisite safeguard measures are duly implemented
and are effectively monitored by the respective
Regulatory Authorities ;
(b) the depth of mining shall be restricted to 3 mts./Water
level, whichever is lesser ;
(c) for carrying out Mining in proximity to any bridge and/
or embankment, appropriate safety zone shall be
worked out on case to case basis, taking into account 72 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— the structural parameters, locational aspects, fIow rate
etc. and no mining shall be carried in the safety zone
so worked out.
89. Rate of interest.––Simple interest at the rate of 15% shall be
charged on all dues in respect of dead rent, royalty, and royalty collection
contract amounts after one month from the date it becomes due.
90. Dues may be recovered as arrears of land revenue.––
Notwithstanding anything contained in these rules, Director or an officer
authorized by the Government may recover any dues in respect of dead
rent, royalty, fee, royalty collection contract amount, cost of mineral, penalties
and any other dues payable under these rules together with interest in the
same manner as if it were an arrears of land revenue under the law in
force relating to such recovery.
91. Relaxation of rules.––The Government may relax any provision
of these rules for reasons to be recorded in writing.
92. Power to summon.––(i) The assessing authority, for the
observance of these rules and for reasons to be recorded, may summon
any of the parties using and/or dealing with the mineral in the State and
may demand necessary information and sources from where the mineral
has been procured and the assessing authority may also depute any official
by an order in writing to collect such information and thereafter assess the
royalty or the cost of mineral recoverable as the case may be.
(ii) Any person who is engaged in trading of minerals shall maintain
a correct account of mineral purchased stocked and sold by him and these
records shall be produced for inspection if required by assessing authority
or a person authorized by assessing authority in this behalf. Provided that if
such trader fails to produce record for mineral purchased by him, the
assessing authority may enter into any place where the mineral is stored
and, measure or count it and assess cost of mineral which shall be recovered
from the trader.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 73 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 93. Service of notice.––(i) Every notice under these rules required
to be given to the mineral concessionary shall be given in writing in person
or by registered post addressed to him at the address recorded in his
application or such other address as the concessionary may from time to
time intimate in writing to the concerned authorities having jurisdiction.
(ii) The service of such notices on any adult male member of the
family, his agent or any other person purporting to be his agent or any other
person maintaining his books of account or issuing challans or filing monthly
statistical returns shall be deemed to be proper and valid service upon the
concessionary and shall not be questioned or challenged by him. An
endorsement by postal employee that the concessionary or any of the
aforesaid persons refused to take the delivery or non-availability of the
person at the last known address may be deemed to be prima facie proof
of service.
94. Revision of royalty, dead rent and fee etc.––The Government
may, by notification in the Official Gazette, amend Schedule-I, II & III so
as to revise the rates of royalty/dead rent/fee payable under these rules
with effect from such date as may be specified :
Provided that enhancement of rate of royalty, dead rent i.r.o any
minor mineral and fee payable under these rules shall not be enhanced
more than once during any period of three years.
95. Contravention of certain conditions of minor mineral
concession.–– Any minor mineral concessionary or his transferee or his
assignee, who commits a breach of any of the conditions of the mineral
concession shall be punished with imprisonment for a term which may
extend to one year or with fine which may extend to Rs. 5000/- or with
both and in case of continuing contravention, with an additional fine which
may extend to Rs. 500/- for every day during which such contravention
continues after conviction for the first such contravention.
96. Role of police.––The authority/authorities empowered to take
action under these rules, if necessary, request in writing for the help of the 74 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— local police and the police authorities shall render such assistance, as may
be necessary to enable the officer to exercise the power/powers conferred
on him under these rules to stop unauthorized mining and transportation of
minerals.
97. Investigation of offences.––(i) Subject to such conditions as
may be specified the Director may authorize any officer from Geology/
Mining discipline not below the rank of Assistant Mineral Officer to
investigate all or any of the offences punishable under these rules.
(ii) Every Officer so authorized shall in the conduct of such
investigations, exercise the judicial powers conferred by the Code of
Criminal Procedure upon an Officer Incharge of a Police Station for the
investigation of a cognizable offence.
98. Power to take evidence on oath.— The assessing authority or
investigating officer and the appellate authority shall for the purpose of
these rules have the same powers as are vested in a court under the Code
of Civil Procedure when trying a suit in respect of the following matters,
namely :––
(i) enforcing the attendance of any person and examining him on
oath or affirmation ;
(ii) compelling production of documents ;
(iii) issuing commission for examination of witnesses.
All proceedings before the appellate authority, the assessing authority
and investigating officer shall be deemed to be a "Judicial Proceedings"
within the meaning of sections 193,196 and 228 of the Ranbir Penal Code,
Samvat, 1989.
99. Powers of entry, inspection of records and seizure of books
of accounts of a concessionary.––
99.1 An assessing authority or investigating officer authorized
by Director in this behalf may for the purpose of these No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 75 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— rules, require any concessionary to produce before him
the accounts, registers and other documents and to furnish
any other information relating to mining operations or
business.
99.2 All accounts, registers and other documents pertaining to
the business of a concessionary, the minerals in his
possession or in the possession of his agent or broker for
the time being on his behalf and their office, godown,
factory, vehicle or any other place where the business is
done or accounts are kept shall be open for inspection and
examination of any such authority or person at all reasonable
time.
99.3 If any such authority or person has reason to suspect that
any concessionary is attempting to evade payment of
royalty or other dues payable under these rules, he may,
for the reasons to be recorded in writing, seize such
accounts, registers or other documents of the
concessionary as he may consider necessary and shall
give its receipt. The accounts, registers and documents so
seized shall be retained by such officer only for their
examination or for any inquiry or proceedings under these
rules or for prosecution :
Provided that the accounts, registers and documents so
seized shall not be retained by such officer beyond a
period of three months from the date of seizure without
the written order of the Director for reasons to be recorded
in writing :
Provided further that before returning the accounts,
registers and documents such officer may require that the
concessionary shall give a written undertaking that the
accounts, registers and documents, shall be presented 76 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— whenever required by any competent authority for
proceedings under these rules.
99.4 For the purpose of sub-rules (2) and (3) any such authority
or person shall have powers to enter and search at all
reasonable times any office, godown, factory or vehicle
or any other place of business or any building or place
where such authority or person has reason to believe that
the concessionary keeps or for the time being is keeping
any minerals, accounts, registers or other documents
pertaining to his business or mining operations and also to
search the body of any other person found in such office,
godown, factory, vehicle, building or place about whom
any such authority or person has reason to suspect that he
may have in his personal possession any such books of
accounts, registers or documents.
99.5 Such authority or person may, when it is not practicable to
seize any books or accounts, registers, documents or
mineral, serve upon the concessionary or the person who
is in immediate possession or control thereof, an order that
he shall not remove, part with or otherwise deal with them
except with the previous permission of such authority or
person who may take such steps in accordance with rules,
as may be necessary for ensuring compliance of this
sub-rule.
99.6 The power conferred by sub-rules (4) and (5) shall include
the power to break open any box or receptacle in which
any accounts, registers or documents of concessionary
may be contained or to break open the door of any premises
where any such mineral, accounts, registers or documents
may be kept or to place marks of identification on his books No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 77 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— of accounts, registers or documents or to make or cause
to be made extracts or copies thereof :
Provided that the power to break open, the door shall be
exercised only after the concessionary or any other person
in occupation of the premises is present therein and fails
or refuses to open the door on being called upon to do so.
99.7 Any such authority or person shall have power to seize
any mineral, the removal or sale of which is liable to
payment of royalty or cost and which are found in
possession of a concessionary or in the possession of his
agent or broker or of any other person for the time being
on his behalf or in any office godown, factory, vehicle or
any other place of business or building of the concessionary
or of the agent, the broker or of any other person holding
the said mineral on his behalf but not accounted for by the
concessionary in his accounts, registers and other
documents maintained in the course of his business or any
mining operations :
Provided that list of minerals/documents seized under this
sub-rule shall be prepared by such authority or person and
signed by two respectable witnesses.
99.8 An officer/authority as mentioned at sub-rule (1) above
may after giving the concessionary an opportunity of being
heard and holding such further inquiry, as he may consider
fit, realize from him, for the possession or mineral not
accounted for, the cost of mineral as ten times of royalty.
99.9 Such Officer or authority may release the mineral or
documents seized under these rules on payment of cost of
mineral or on furnishing such security for payment thereof
as he may consider necessary.
78 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 99.10 Any such authority or person may require any person––
(a) who transports or holds in custody for delivery to or on
behalf of any concessionary, any mineral to give any
information likely to be in the possession in respect of
such mineral or to permit inspection thereof as the case
may be ; and
(b) who maintains or has in his possession any accounts, books
or documents relating to the business/mining operations,
to produce such accounts, books or documents for
inspection.
99.11 The provisions of Code of Criminal Procedure relating to
searches shall apply, so far as may be, to the searches
made under these rules.
100. Rights of existing concession holders/applicants.––All the
applications received prior to commencement of these rules shall become
ineligible :
Provided that the applicants who have completed all the formalities
as provided in the rules under repeal including all clearances asked for and
Mining Plan and Environmental Clearance shall remain eligible subject to
the further condition that the application has not become ineligible under
the provisions of these rules.
101. State and District Mineral Foundation.––In every district of
the State affected by mining related operations and at State level, the
Government shall by notification establish a trust as a non- profit body to be
called the District Mineral Foundation under the State Mineral Foundation.
The composition, functioning, contribution of the concession holders and
the manner in which the foundation work, shall be notified separately by
the Government.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 79 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 102. Exemption.––Notwithstanding anything contained in these
rules, no rent, royalty or fee shall be charged for minor minerals extracted
during :
(i) Excavation of canals and foundation of any other works of
the State Irrigation Department and Public Works
Departments. However, the Engineering Departments shall
have to obtain requisite minor mineral concession under these
rules before its transportation and consumption for the
works/sites ;
(ii) Extraction of minor mineral by an agriculturist from his/her
private land for his/her bona fide purpose of agriculture ;
(iii) Search for and obtaining the samples of minerals on the surface
by chipping of outcrops without involving any disturbance of
the soil by way of pit, trench or otherwise.
103. Repeal and savings.––The Jammu and Kashmir Minor Mineral
Concession Rules, 1962 and Jammu and Kashmir Prevention of Illegal
Mining, Transportation and Storage of Minerals Rules, 2003 are hereby
repealed :
Provided that anything done or any action taken under the provisions
of the rules so repealed shall be deemed to have been done or taken under
the provisions of these rules.
The above rules shall come into force with immediate effect.
(Sd.) SHAILENDRA KUMAR, IAS,
Commissioner/Secretary to Government,
Industries and Commerce Department.
––––––
80 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Schedule-I
Rates of royalty of Minor Minerals
{see rule 38(38.1a,b), 50(50.1),63(63.4) and 94}
S. No. Name of Minor Minerals Royalty rates as
per Mt. (Rs.)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Dimensional Stones :
1.1 Limestone used for making dimensional 45.00
stone like Devri Stone Hamam Slabs,
Grave Stones and other domestic items
1.2 Sand stone when used for dimensional stone 25.00 1.3 Baramulla Slabs (Phylitic) 25.00
2. Decorative Stones :
2.1 Marble, Granite, Slate an Basalt 230.00
(dressed block) for sawing into
slabs and tiles.
2.2 Granite, Marble, Slate, Basalt, Sand Stone, 70.00
Limestone etc. for manufacture of chips.
3. Rocks/Minerals used for Building
Purposes as Road Metal, Masonary
Stone and for Building Lime :
3.1 Limestone(specified by Central Government 40.00
for the purpose) when used in Kiln for the
manufacture of limes used at building material
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 81 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
1 2
3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 3.2 Limestone used as Masonary Stone
and Road Metal :
3.2.1 Rubble 25.00 3.2.2 Phandai 35.00
3.3 Basalt, Quartzite, Granites, Sandstone
used as Masonary Stone and
Road Metal :
3.3.1 Rubble 25.00 3.3.2 Phandai 35.00
4. Nallah Boulders, Bajri, Sand :
4.1 Nallah Boulders 20.00 4.1.1 Crushing (crushed stones) 25.00 4.1.2 Masonry Stones 35.00 4.1.3 Nallah Muck 25.00 4.2 Nallah Bajri 35.00 4.3 Crushed Bajri 40.00 4.4 Screened Pebbles 40.00 4.4 Ordinary Sand 25.00 4.5 Screened Sand 30.00
5. Clays :
5.1 Clay other than used for Brick manufacture 20.00 82 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
5.2 Clay when used for manufacture of Brick 25.00
5.3 Bentonite and fuller earth 85.00
5.4 Ordinary earth 25.00
6. China Clay 70.00
6.1 Gypsum 90.00
6.2 Corundum 5% of the
sale value.
7. All other Mineral not specified 15% of pit
mouth value.
––––––
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 83 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— Schedule-II
Rates of dead rent of Minor Minerals
[See Rules 38(38.1d) & 94]
S. No. Rate of Dead Rent 2nd to 5th 6th to 10th Above 10 years
year in year in in Rs. per Rs. per Rs. per hectare per
hectare per hectare per annum
annum annum
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Upto 5 hectares or part 3,600/- 7,200/- 10,800/-
thereof
2. Above 5 hectares but not 5,000/- 10,000/- 15,800/-
exceeding 10 hectares
3. Above 10 hectares 8,625/- 17,250/- 25,900/-
–––––––
84 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Schedule III
[see rule 94]
(1) Rates of Guarantee amount for the Mineral Concessions granted
other than by Competitive Bidding/Auction for the minerals not
specified in 2, 3 & 4.
Rates of Guarantee amount in rupees per hectare per annum
For the 1st year of From 2nd Year to 4th Year
Mineral Concession 3rd Year onwards
––––––––––––––––––––––––––––––––––––––––––––––––––––––
20,000 50,000 1 lac
(2) Two times the rates specified under 1 above in case Mineral
Concessions is granted for Marble, Granite, Quartzite, Slate and other
decorative stones.
(3) Three times the rates specified under 1 above in case Mineral
Concessions is granted for Gypsum and Ocher.
(4) Ten times the rates specified under 1 above in case Mineral
Concessions is granted for Corundum and other Gem Stones.
–––––––
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 85 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM "A"
{See rule 38 38.5), 50 (50.12) 61 (61.1 f), 63(63.3), 65 (65.1&2)} of challan for dispatch of mineral and its products
Challan No. ___(in quadruplicate) copy each for consigner, consignee,
mineral check post, driver.
1. Type of Mineral Concessions
Lease/license/permit
No./date with validity of the concession___________________
2. Name and style of concessionary ________________________
3. Location of mineral concession area ______________________
4. Type of mineral granted on mineral concession_______________
5. Quantity of mineral granted on mineral concessions______(in MT)
6. Quantity of mineral dispatched ___________________________
7. Date of dispatch ____________________________________
8. Time of dispatch ____________________________________
9. Vehicle No.________________________________________
10. Name and address of consignee/buyer_____________________
11. Name of Driver_____________________________________
space for authentication of Officer I/c District Mineral Office concerned with ruber stamp containing signature
Signature of Mineral Concessionary
For use at check post :
1. Vehicle No.__________ reported at check post on (date) at (time) and the particulars of quantity and quality have been verified and entered in the register at Serial No. _________.
2. The quantity was in excess in challan by _______tonnes for which price of mineral besides royalty amounting to Rs. ___________ (in words) _________________ has been charged under GR No.________ dated _______issued to Driver/owner.
Seal and signature of Incharge Mineral Checkpost 86 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY ANDMINING
FORM ''B''
{See rule 63 (63.3)}
Register to be maintained at mineral check post
01. S. No.
02. Date
03. Name of Mineral Concessionary
04. Name of Mineral
05. Quantity of Mineral
06. Form of Mineral (finished or raw)
07. Name and address of consignee
08. No. and date of Challan
09. Vehicle No.
10. Name of Driver
11. Time of reporting at Check Post.
12. Amount of Cost+Royalty realized for excess mineral
(a) G.R. No.
(b) Date
13. Signatures of Incharge No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 87 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
To be served in person or by regd. post through registered post with A/D
FORM ''C''
Notice of Assessment to Assessee
{See rule 73(i)}
From : To : (Assessee with Department of Geology and Mining Name & Address J&K Govt. Jammu/Srinagar.
No.
Dated :
Subject :—Notice for re-assessment of royalty in respect of mineralconcession granted for mineral near Villag________Tehsil_______District ________
Dear Sir,
Refer this office letter No.__________ dated __________vide which the assessment of royalty for the assessment year __________ in respect of your mineral concession area mentioned above was made and conveyed. The same has been incorrectly assessed. You are therefore, asked to report in the office of undersigned at ________along with records mentioned below within a period of 15 days from the receipt of this notice. In case you fail to be present yourself along with records, the assessment shall be made in your absence and the balance amount shall be recovered as arrears of land revenue besides, action as per agreement. Records to be produced
01) Production register 02) Stock register 03) Challan book 04) Payment slips 05) Challan register 06) Bill book 07) Labour payment register 08) cash book and other records connecting with the mining lease 09) Any other records or documents which is sought to be produced.
Authorized Officer Geology and Mining Deptt. With designation and location of the office.
88 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM-D
(to be submitted in triplicate)
[See Rule 83(ii)]
1. Name and address of individual(s), firm or company, applying.
2. Profession of individual(s), firm or company.
3. No. and date of order of the authority, against which the
appeal/revision application is filed (copy attached).
4. Designation of the authority having passed the said order.
5. Minor Mineral(s) for which the revision application is filed.
6. Details of the area in respect of which the revision application is filed.
District Tehsil Village Total area claimed
(A map or plan of the area(s) to be attached).
7. Whether application fee has been deposited in the manner
prescribed in sub-rule (2) of rule 81 of J&K Minor Mineral
Concession, Storage, Transportation and Prevention of Illegal Mining
Rules, 2014 if so, the Treasury Receipt in original should be attached.
8. Whether the appeal/revision application has been filed within time
specified in Rule 82 if not, the reasons for not presenting it within
the prescribed limits as provided for in rules.
9. Name and complete address of the party/parties impleaded, under
J&K Minor Mineral Concession, Storage, Transportation and
Prevention of Illegal Mining Rules, 2014.
10. No. of copies of petitions/applications attached.
11. Grounds of revision.
12. If the revision application has been filed by the holder of Power of
Attorney, the Power of Attorney to be attached.
Signature of the applicant
Place :
Date :
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 89 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING (FORM - ML1) Application for Mining Lease [(See Rule 28 (28.1)] To be submitted in Triplicate
Received at (Place) on (Date) Entered at S. No. Initials of Receiving Officer Page No.__ of Form ''ML4''
To The Director, Geology and Mining Deptt, Jammu/Srinagar. Sir,
1. I/we request that a mining lease under Minor Mineral Concession
Rules may be granted to me/us.
2. A sum of Rs …………being as the application fee have been deposited (vide receipt/Treasury Challan No……dated………in the Treasury …………).
3. The required particulars are given below:
(i) Name of the applicant with complete address and status (ii) Is the applicant a private individual/co-operative/Firm/ Association/Private/Public Company/,Public/Joint Sector undertaking or any other.
(iii) In case the applicant is :— (a) an individual, his qualifications and experience relating to mining
;
(b) a company, an attested copy of the certificate of registration
of the company shall be enclosed ;
(c) firm or Association, the permanent residence certificate of all the partners of the firm, or members of the association ; and
(iv) Profession or nature of business of applicant (v) Particulars of documents appended :
Documents Reference
(a) Permanent residence certificate of J&K State (b) Mining dues clearance certificate
OR
Affidavit in lieu of Mining Dues Clearance Certificate: subject to the production of mining lease dues, clearance certificate within the period of 30 days of making application.
OR 90 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Affidavit when not holding any mining lease.
(vi) Mineral or minerals which the applicant intends to mine.
(vii) Period for which mining lease is required
(viii) Extent of the area for which mining lease is required.
(ix) Details of the area in respect of which mining lease is
required
District Tehsil Village Khasra No. Plot No. Area Occupancy Ownership
(x) Brief description of the area with particulars reference to the
following :—
(a) Does the applicant have surface rights over the area for which he is making an application for grant of mining lease.
(b) If not, has he obtained the consent of the owner, and the occupier of the land for undertaking mining operation. If so, the consent of the owner and occupier of the land be obtained in writing and be filed.
(xi) (a) the situation of the area in respect of natural features such
as streams or lakes
(b) In the case of Village areas the name of the village, the khasra number, the area in hectares of each field or part thereof applied for.
(c) Whether the area falls wholly or partly in forest or protected
areas Yes/No If yes, name of Forest Division, Range, Protected area, Eco- sensitive Zone, Compartment No, area within Forest/ Protected area should be communicated with a map showing clearly extent of Forest/Protected area and Eco-sensitive Zones with prominent features. If no, map with prominent features showing the aerial distance(s) from Forest, Protected area, Eco-sensitive Zone of the proposed site, incorporated with a certificate from the Chief Conservator of Forests/Wildlife Warden of the concerned Region.
(xii) The area applied for should be marked on plans as detailed
below
(a) In case cadastral map of the area is available, the area on this map should be marked showing the name of the Village, No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 91 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— Khasra Number and area in hectares of each field and part thereof. :—
(b) In the case of forest maps the area should be marked on
the map showing the range and felling series.
(c) In case neither cadastral nor forest maps are available the area should be marked on a sketch plan drawn to scale showing on this plan all important, surface and natural features, the dimension of the lines forming the boundary of the area and the bearing and distance of all corner points from any important, prominent and fixed point or points.
(xiii) Particulars of the areas mineral-wise in each State duly supported by an affidavit, for which the applicant or any person joint in interest with him—
(a) already holds under mining lease.
(b) has already applied for but not granted.
(c) being applied for simultaneously.
(xiv) Nature of joint in interest if any.
(xv) Broad parameters of the mineral/ore body/bodies :—
(a) Strike length, average width and; dip.
(b) Wall rocks on hanging and foot wall sides.
(c) Whether area is considerably disturbed geologically or is comparatively free of geological disturbances (copy of geological map of the area is to be attached).
(d) Reserves assessed with their grades.
(e) Whether the area is virgin. If not, the extent to which it has already been worked. In case there are old workings, their locations are to be shown on the geological map of the area.
(xvi) Broad parameters of the mine—
(a) Proposed date of commencement of the mining operations.
(b) Proposed rate of mineral production during first 5 years
(year-wise).
(c) Proposed rate of production when mine is fully developed,
anticipated life of the mine.
(xvii) Manner in which the mineral raised is to be utilized. (a) (1) If for captive use, the location of plant and Industry.
(2) For sale for indigenous consumption.
92 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) If for exports to foreign countries. (1) Names of the countries to which it is likely to be exported where the mine is being set-up on 100% export oriented or tie-up basis.
(2) Whether mineral will be exported in raw form or after processing. Also indicate the stage of processing whether intermediate stage or final stage of the end product.
(c) If it is to be used within the country, indicate—
(1) the industry/industries in which it would be used. (2) Whether it will be supplied in raw form or after processing
(crushing/grinding/beneficiation/calcining).
(3) Whether it would need upgradation and if so, whether it is proposed to set up beneficiation plant also indicate the capacity of such plant and the time by which it would be set up.
(xviii) Name, qualification and experience of the Technical Personnel
available for supervising the mines.
(xix) (i) Financial resources of the applicant.
(ii) Anticipated yearly financial investment during the course of mine construction and aggregate investment up to the stage of commencement or commercial production.
(xx) (a) Nature of waste water, (e. g. whether acidic) if so, expected
PH value.
(b) The application form should be accompanied by a statement of the salient features of the scheme of mining. This should be generally on the lines of the project at a glance given in mining reliability report including features relating to the protection of environment. I/we do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details including accurate plans and security deposit as may be required by you.
Yours faithfully,
Signature of the applicant
Place…………..……. Date ……..………….
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 93 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING FORM (ML2) (To be submitted in duplicate) Application for Renewal of Mining Lease [See Rule 28(28.2)] Received at place) on (Date) Entered at S. No. Initials of Receiving Officer Page No.__ of Form "ML4"
To
The Director, Geology and Mining Dept. Jammu/Srinagar
Sir,
1. I/we request renewal of my/our mining lease under the Minor Mineral Concession Rules. A sum of Rs. 50,000/- being the application fee payable under J&K Minor Mineral Concession Rules, 2016 vide Treasury Challan No._____dated______ Treasury ____________).
2. The required particulars are given below :
(i) Name of the applicant with complete address. (ii) Is the applicant a private individual/Private Company/Public
Company/firm or association ?
(iii) In case applicant is— (a) an individual ; (b) a company, an attested copy of the certificate of registration
of the company shall be enclosed ;
(c) A firm or association, proof of residence of all the partners of
the firm, or members of the association. (iv) Profession or nature of business of applicant. (v) No. and date of valid clearance certificate of payment of
mining dues.
(vi) (a) Particulars of the mining lease of which renewal is desired ;
(b) Details of previous renewal granted, if any. (vii) Period for which renewal of mining lease is required. (viii) Whether renewal is applied for the whole or part of the lease
hold ?
(a) Does the applicant continue to have surface rights over the area of the land for which he requires renewal of the mining lease.
94 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (b) If not, has he obtained the consent of the owner and occupied for undertaking mining operations. If so, the consent of the owner and occupier of the land obtained in writing be filed.
(x) Particulars of the areas mineral-wise in each State duly supported by affidavit for which the applicant or any person having joint interest with him : (a) already holds under mining lease ; (b) has already applied for but not granted ; or (c) being applied for simultaneously. (xi) Is the mineral going to be used in his own industry? If so, give
full details.
(xii) In case the renewal applied for is only part of the lease hold—
(a) the area applied for renewal. (b) description of the area applied for renewal (description should
be adequate for the purpose of demarcating the plot).
(c) particulars of map of the lease hold with area applied for
renewal clearly marked on it (attached).
(d) particulars of existing or created dumps of ores, if any.
(xiii) Means by which the mineral is to be raised, i. e. manual or
mechanical.
(xiv) Manner in which the mineral raised is to be utilized.
(a) for manufacture in State. (b) exports. (c) in the former case the industries in connection with which it is required, should be specified. In the latter case, the states/ countries to which the mineral will be exported and whether the mineral is to be exported after processing or in raw form should be stated.
(xv) Details of output during the last three years and phased programme for production during the next three years along with a layout plan for development, if any.
(xvi) Any other particulars which the applicant wishes to furnish. I/we do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details, including accurate plans as required by you before the grant of renewal of the lease.
Signature of the applicant.
Place: Date:
N.B :- If the application is signed by authorized agent of the applicant,
Power of Attorney should be attached.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 95 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM (ML3)
(See Rule 29)
Acknowledgement of application for grant/renewal of mining lease
S. No._____________dated_________ received the application with the following enclosures for the mining lease/renewal of mining lease of Sh/M/s________________________on______________2014 for ___________hectares of land located in District ____________for mining of______________ minor minerals
Enclosures :—
Signature and designation of Receiving Officer.
Date ______________________ 96 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM (ML4)
[See Rule 32 (i)]
Register of mining lease applications
S.No. Name of applicant Occupation Present Address Date of Application
with father/husband name with permanent address
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Date of Receipt of Area applied along with Period of Mineral/minerals application description lease applied applied
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
6 7 8 9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Order No. & Date Whether for grant or Signature of officer Remarks of grant/rejection renewal
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
10 11 12 13
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 97 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM (ML5)
[See Rule 32(ii)]
Register of mining leases
S. No. Name of grantee Occupation Date of Receipt Area granted with with father/husband of application description name and permanent address
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
grant
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Mineral/minerals Order No. & Period of Amount of Security deposits Under date of grant lease/renewal Dead rent deposits lease renewal –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 6 7 8 9 10 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Name of Date of Date of expiry/ Date from Signature Remarks transferee transfer termination/ which area of officer with father/ surrender is free for husband name and address –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 11 12 13 14 15 16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 98 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING FORM (ML6) [See Rule 37(37.5)]
For Transfer of Mining Lease
When the transferor is an individual :— The indenture made____________ this day of _______20 between____________(Name, address and occupation) (hereinafter referred to as the "transferor" with expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns). When the transferor are more than one individual:_________(Name of the person with address and occupation) (hereinafter referred to as the "transferor" with expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assigns). When the transferor is a registered firm ________ (Name and address of all the partners) all carrying on business in partnership under the firm name and style of __________(Name of the firm) and having their registered office at______ (hereinafter referred to as the "transferor" with expression where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns). When the transferor is a registered company __________ (Name of Company) a company registered under______(Act under which incorporated) and having its registered office at_______(Address) (hereinafter referred to as the "transfero" with expression shall where the context so admits be deemed to included its successors and permitted assign) of the first part.
AND When the transferee is an individual _____________ (name of the person with address and occupation) hereinafter referred to as the "transferee" with expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives, and permitted assigns). When the transferee are more than one individual______________ (Name of the person with address and occupation and __________(Name of the person with address and occupation)(hereinafter referred to as the "transferee" with expression shall where the context so admits be deemed No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 99 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— to include their representative heirs, executors. administrators, representatives and their permitted assigns). When the transferee is a registered firm___________ (Name and address of all the partners) all carrying on business in partnership under the firm name and style of _____________(Name of the firm) and having their registered office at (hereinafter referred to as the "transferee" with expression where the context so admits be deemed to include all the said partners, their representative heirs, executors, legal representatives and permitted assigns). When the transferee is a registered company___________(Name of the company) a company registered under (Act under which incorporated) and having its registered office at _______ (address) (hereinafter referred to as the "transferee" with expression shall where the context so admits be deemed to include its successors and permitted assigns) of the second part.
AND
The Director (hereinafter referred to as the "Government/Department" whith expression shall where the context so admits to be deemed to include the successors and assigns) of the third part. Whereas by virtue of an indenture of lease dated the____________.And Registered as on _________(Date) in the office of the Sub-Registrar of (Place) (hereinafter referred to as lease) the original whereof is attached hereto and marked "A" entered into between the Director(therein called the lessor) and the transferor (therein called the lessee), the transferor is entitled to search for win and work the mines and minerals in respect of the transferor is entitled to search for win and work the mines and minerals in respect of ______(Name of minerals) in the lands described in the schedule thereto and also in schedule annexed hereto for the terms and subject to the payments of the rent and royalties and observance and performance of the lessee's covenant and conditions in the said deed of lease reserved and contained including covenant not to assign the lease or any interest thereunder without the previous sanction of the department/Government. And whereas the transferor is now desirous of transferring and assigning the lease to the transferee and the Department has, at the request of the transferor, granted (with the prior approval of the Government) permission to the transferor vide order No. _______dated___________to such a transfer and assignment is and containing the terms and conditions hereinafter set-forth.
100 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Now this Deed witnesses as follows :—
I. In consideration of Rs. ________paid by the transferee to the transferor the receipt of which the transferor hereby acknowledges, the transferor hereby conveys assigns and transfers into the transferee all the rights and obligations under the said hereinbefore recited lease and to hold the same up to the transferee with effect from ______.For the unexpired period of the said lease.
The transferee hereby covenants with the department that from and after transfer and assignment of the lease the transferee shall be bound by, and be liable to perform. Observe and conform and be subject to all the provisions of all the covenants, stipulations and conditions contained in saidherein before recited lease in the same manner in all respects as if the lease had been granted to the transferee as the lessee thereunder and he had original, executed it as such.
It is further hereby agreed and declared by the transferor or the one
part and the transferee of the other part that—
The transferor and the transferee declare that they have ensured that the mineral rights over the area for which the mining lease is being transferred vest to the department.
(i) The transferor hereby declares that he has not assigned, subject, mortgaged or in any other manner transferred the mining lease now being transferred and that no other person or persons has any right, title or interest whereunder in the present mining lease being transferred.
(ii) The transferor further declares that he has not entered into or made any agreement, contract or understanding whereby he has been or is being directly or indirectly financed to a substantial extent by or under which the transferor's operation or understanding were or are being substantially controlled by any person or body of persons other than the transferor.
(iii) The transferee further declares that he/she has furnished in affidavit along with his application for transfer of the present mining lease specifying therein the amount that he has already taken/proposes to take as consideration from the transferee.
(iv) The transferee further declares that he is financially capable of
and will directly undertake mining operations.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 101 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (v) The transferor has supplied to the transferee the original/or certified copies of all plans of abandoned working in the area and in a belt of 6 meters wide surrounding it.
(vi) The transferor has paid all the rent, royalties and other dues towards Department till this date in respect of this lease :
In Witness whereof the parties hereto have signed on the date and year first above written.
Signed on behalf of the Governor of J&K State
Signature of the transferor (Designation) _________________________
Signature of the transfree_____________________________
Date_____________Witness 1____________2. _______________
GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM (ML7)
[See Rule 38(38.3)]
Production, Dispatch and Stock Register
| S.No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 | 2 | No. of persons employed 3 | Opening stock 4 | Production 5 | Total 6 | Approximate quantity of mineral dispatched 7 |
| Sale price per tonne (grade-wise) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– | Approximate stock balance | Actual dispatch | Closing stock | No. | Challan Vehicle Remarks No. | |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
Signature of lessee 102 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING FORM (ML8) [See Rule 38(38.4)]
Model Form for Monthly Returns for the month _______ of Year________ Name and address of the lessee_______________________________ Name of Mine ________________ Period of Lease _______________
| S.No. –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 | Opening stock of mineral 2 | Production 3 | Total 4 | NaN |
| Quantity, dispatched –––––––––––––––––––––––––––––––––––––––––––––––––––––– Purpose Quantity Challan No. and Date Closing balance –––––––––––––––––––––––––––––––––––––––––––––––––––––– 5 6 7 8 | NaN | |||
| Average No. of workers –––––––––––––––––––––––––––––––––––––––––––––––––––––– 9 | Working days 10 | Quantity of over burden removed 11 | Remarks 12 |
Date :_____________
Place :_____________
Signature of lessee/authorized agent/manager No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 103 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING FORM (ML9) [See Rule 38(38.4)] Annual return to be furnished by the mining lessee
Annual Statement of Minor Minerals obtained, labourer employed, etc. for the Lease Year ending __________ 20
Name of the lessee ________________________________________ Area of the lease __________________________________________ Village _________________________________________________ Tehsil __________________________________________________ District _________________________________________________
| Name of the minor mineral –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 –––––––––––––––––––––––––––––––––––––––––––––––––––––– | Output 2 | Value 3 | Average No. of persons employeed daily 4 Male Female Total | NaN | ||
| Average No. of days worked –––––––––––––––––––––––––––––––––––––––––––––––––––––– 5 | No. of accidents 6 | Compensation paid | No. of days worked 8 | R e m a r k s 9 | NaN | |
| Rs. P 7 | NaN |
Signature of the minor mineral concessionary or his authorized agent
Dated : __________
N.B :— This return is to be submitted by the 15th of month of each year for the preceding lease year to the,—
(a) Director, Geology and Mining, J&K Govt., Jammu/Srinagar.
(b) Officer I/c of the District concerned.
104 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM ML10
MODEL FORM OF MINING LEASE DEED
[See Rule 40 (40.1]
This Indenture made this………… day of …………..20………… between the Director on behalf of Governor of the State (hereafter referred to as the 'State Government' which expression shall were the context so admits be deemed to include the successors and assigns) of the one part ; and
When the lessee is an individual :
………………(Name of person with address and occupation) hereinafter referred to as the "the lessee" with expression shall where the context so admits be deemed to include his respective heirs, executors, administrators, representatives and permitted assigns.)
When the lessee are more than one individual :
..........................(Name of person with address and occupation) and ……………….........….(Name of person with address and occupation) be deemed to include his respective heirs, executors, administrators, representatives and their permitted assigns.
WHEREAS, the lessee has applied to the department in accordance with the Minor Mineral Concessions Rules, 2014 (hereafter referred to as the said rules) for the grant of mining lease of in respect of the lands described in Part-I of the schedule hereunder written and has/have deposited with the department the sum of Rs. __ /= as security vide CDR No. dated and the sum of Rs.______/= vide T. R. No.___dated____as application fee for a mining lease ;
WHEREAS, mining lease was granted in favour of M/s. ______ vide Order No._________of dated______________read with subject to the conditions laid down in the aid Order No.________WITNESS that in consideration of the rents and the royalties covenants and No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 105 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— agreements by and in these presents and the schedule hereunder written reserved and contained and on the part of the lessee to be paid observed and performed, the department hereby grants and demises unto lessee. The mineral (hereinafter and in the schedule referred to as the said minerals) situated lying and being in or under the lands which are referred to in Part-I of the said schedule, together with liberties, powers and privileges to be exercised or enjoyed in connection herewith which are mentioned in Part-II of the said schedule subject to the restrictions and conditions as to the exercise and enjoyment of such liberties, powers and privileges which are mentioned in Part III of the said schedule EXCEPT and reserving out of the demise unto the State Government the liberties, powers and privileges mentioned in Part IV of the said schedule. To hold the premises hereby granted and demised unto the lessee from____day 20I0 for the term of________years thence ensuing YIELDING AND PAYING therefore unto the department the several rents, royalties mentioned in Part-V of the said schedule at the respective times therein specified subject to the provisions contained in Part-VI of the said schedule and the lessee hereby covenants with the Department as in Part-VII of the said schedule as expressed and the Department hereby covenants with the lessee as in Part-VIII of the said schedule as expressed.
AND it is hereby mutually agreed between the parties hereto
as in Part-IX of the said is expressed.
IN WITNESS WHERE OF these presents have been executed in manner hereunder appearing the day and year first above written.
The schedule above referred to :—
PART I
THE AREA OF THE LEASE
Location and area of the lease.
All the tract of lands situated at village Tehsil _________, District _________falling under Khasra No's._________ containing an area of__________hectares or thereabouts delineated on plan hereto annexed and bounded as_________hereinafter referred to as 'the said lands'.
106 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— PART II
Liberties, powers and privileges to be exercised and enjoyed by
the lessees subject to the restrictions and conditions in Part-III.
To enter upon land and search for, win, work etc. :
1. Liberty and power at all times during the term hereby demised to enter upon the said lands and to search for mine, bore, dig, drill or, win, work dress process convert, carry away and dispose of the said material.
To bring and use machinery equipment etc. :
2. Liberty and power for in connection with any of the purposes mentioned in this part to erect, construct, maintain and use on or under the said lands any engines, machinery, plant, dressing floors, and other works and convenience of the like nature on or under the said lands.
To make roads and ways etc. and use existing roads and
ways :
3. Liberty and power for or in connection with any of the purpose mentioned in this part to make any roads and other ways in or over the said lands and to use maintain and go, and re-pass with or without horses, cattles, wagons, locomotives, or other vehicles over the same on such conditions as may be agreed to.
To get building and road material, etc. :
4. Liberty and power for or in connection with any of the purposes mentioned in this part to quarry and get stone gravel and other building and road material.
5. To use water from streams etc. :
Liberty and power for or in connection with any of the purpose maintained in this part but subject to the right of any existing or future lessees and with the written permission of Deputy Commissioner/ Collector to appropriate and use water from any streams water course, No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 107 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— springs or other sources in or upon the said lands ; provided that the lessees shall not interfere with the navigation in any navigable stream nor shall divert such stream without the previous written permission of the State Government.
6. Beneficiation and conveying away of production :
Liberty and power to enter upon and use a sufficient part of the said lands to beneficiate any ore produced from the said lands and to carry away such beneficiated ore.
PART III
Restrictions and conditions as to the liberties, powers and
privileges in Part-II
No buildings etc. upon certain places :
1. No building or thing shall be erected, set up or placed and no surface operations shall be carried on in upon any public pleasure ground, burning or burial ground or place held sacred by any class of persons or any house or village site, public road or other place which the State Government may determine as public ground nor in such manner as to injure or prejudicially effect any buildings works property or rights of other persons and no land will be used for surface operations which is already occupied by persons other than the State Government for works or purpose not included in this lease, the lessees shall not also interfere with any right of way, well or tank.
Permission for surface operations in a land not already in use :
2. Before using for surface operations any land which has not already been used for such operations, the lessee shall give to Deputy Commissioner/Collector of the District two calendar months previous notice in writing specifying the name or other description of the situation and the context of the land proposed to be so used and the purpose for which the same is required and the said land shall not be so used if objection is issued by the Deputy Commissioner/ Collector within two months after receipt by him of such notice unless the objections so stated shall on reference to the State Government be annulled or waived.
108 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— To cut trees in unreserved lands :
3. The lessees shall not without the previous sanction of the Deputy Commissioner/Collector cut down, or injure any timber or trees on the said lands but may without such sanction clear away any brushwood or undergrowth which interferes with any operations authorized by these presents. The Deputy Commissioner/Collector or the State Government may require the lessee to pay for any trees felled and utilized by them at the rate specified by the Deputy Commissioner/Collector of the District.
No mining operations within distances as per Rule 4 of the
public works etc. :
4. The lessee shall not work or carry on or allow to be worked or carried on any mining operations at or to any point within a distance of____meters from any railway line except with the previous written permission of the railway administration concerned or under or beneath any ropeway or any ropeway trestle or station, except with the previous written permission of the Deputy Commissioner/Collector or any other Officer authorized by the State Government in this behalf and otherwise than in accordance with such instructions, restrictions and conditions either general or special which may be attached to such permission the said distance of____meters shall be measured in the case of the railway, reservoir or canal horizontally from the outer toe of the bank or the outer edge of the cutting as the case may be and in case of the building horizontally from the plinth thereof. In the case of village roads no working shall be carried on within the distance of____meters of the outer edge of the cutting except with the previous permission of the Deputy Commissioner/Collector or any other Officer duly authorized by the State Government in this behalf and otherwise than in accordance with such directions, restrictions and additions, either general or special, which may be attached to such permission.
Explanation :—For the purpose of the clause the expression 'Railway Administration' shall have the same meaning as it is defined to have in the Indian Railways Act, 1890 by clause (6) of section 3 of that Act. Public roads shall mean a road which has been constructed No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 109 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— artificially surfaced as distinct from a tract resulting from repeated use. Village road will include any tract shown in the revenue records as village road.
Facilities for adjoining Government Licenses and leases :
5. The lessees shall allow existing and future holders of the Government license or leases over any land which is comprised in or adjoins or is reached by the land held by the lessees reasonable facilities of access thereto :
PROVIDED THAT no substantial hindrance or interference shall be caused by such holders of Licenses or leases to the operation of the lessee under these present and fair compensations (as may be mutually agreed upon or in the event of disagreement as may be decided by the State Government) shall me made to the lessee for loss or damage sustained by the lessee by reason of the exercise of this liberty.
PART IV
Liberties, Powers and Privileges to the State Government
To work other minerals :
1. Liberty and power for the State Government, or to any lessee or persons authorized by it in that behalf to enter into and upon the said land and search for, win, work, dig, raise, dress, process, convert and carry away other than the said minerals and any other substances and for those purposes to sink, drive, make, erect, construct, maintain and use such pits, roadways and other works and conveniences and may be deemed necessary or convenient.
To make roads :
2. Liberty and power for the State Government or any lessee or person authorized by it in that behalf to enter and upon the said lands and to make upon over or through the same any roads or any existing railways and roads and to and re-pass at all times with or without horses, cattle or other animals, carts, wagons, 110 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
carriages, locomotives, or other vehicles over or along any such road lines and other ways for all purposes and as occasion may require ; provided that in the exercise of such liberty and power by such other lessee or person no substantial hindrance or interference shall cause to with the liberties, powers and privileges of the lessees under these presents and that fair compensation as may be mutually agreed upon or in the event of disagreement and may be decided by the State Government shall be made to the lessee for all loss or damage substantial hindrance or interference shall be caused to or with exercise by such lessee or person of such liberty and power.
PART V
Rent and Royalties reserved by this lease
To pay dead rent or royalty whichever is higher :
1. The lessee shall pay, for every year of the lease, dead rent
as specified in the clause (2) of this part.
To pay royalty for any mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee from the leased area. he shall be liable to pay either such royalty or the dead rent in respect of that area whichever is higher.
Rate and mode of payment of dead rent :
2. Subject to provision or clause (i) of this part, during the subsistence of the lease the lessee shall pay to the State Government annual dead rent for the lands and described in Pan I of this schedule at the rate of the time being specified in the Third Schedule to the Act. In such manner may be specified in this behalf by the State Government.
Rate and mode of payment of royalty :
3. Subject to the provisions of clause (J) of this part, the lessee shall during the subsistence of this lease pay to the State Government at such times and in such a manner as the State Government may prescribe royalty____in respect of any mineral removed by him/them No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 111 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
from the leased area at the rate for the time being specified in the Schedule-I to the J&K MMCR, 2014.
Payment of surface, rent, and water rate :
4. The lessee shall pay rent and water rate to the State Government in respect of all parts of the surface of the said lands which shall from time to time occupied or used by the lessee under the authority of these presents at the rate prevalent with the State Government respectively per annum per hectare of the area so occupied or used and so in proportion for any area less than a hectare during the period from the commencement of such occupation or used until the area shall cease to be occupied or used and shall as far as possible restore the, surface land so used to its original condition. Surface rent and the water rate shall be paid as hereinbefore detailed in clause 2 :
Provided that no such rent, water rate shall be payable in respect of the occupation and use of the area comprised in any roads or ways to which the public have full right to access.
PART VI
Provisions relating in the Rents and Royalties
Rent and royalties to be free from deduction etc. :
The rent, water rate and royalties mentioned in Part-V of this schedule shall be paid free from any deductions to the State Government at District_________and such manner as the State Government may prescribe :
Provided always and is hereby agreed that Rs. ___ /= the balance standing to the credit of the lessee on account of the deposit made by him as a security over an area which included the said lands shall be retained and accepted by the State Government in satisfaction of the rents and royalties mentioned in Part-V until they reach that amount.
112 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Mode of computation of royalty :
2. For the purpose of computing the said royalties the lessee shall keep a correct account of the mineral produced and dispatched. The account as well as the weight of the mineral in stock or in the process of export may be checked by an officer authorized by the Director/Government.
Course of action if rents and royalties are not paid in time :
3. Should any royalty or any other sums due to the State Government under the terms and conditions of these presents be not paid by the lessee within the prescribed time the same, together with simple interest due thereon at the rate of 15% per annum may be recovered on a certificate of such officer as may be specified by the department by general or special order, in the same manner as an arrear of land revenue.
PART VII
The Covenants of the Lessee
Lessee to pay rents and royalties, taxes, etc. :
1. The lessee shall pay the rent, water rate and royalties reserved by this lease at such times and in the manner provided in Parts V and VI of these presents and shall also pay and discharge all taxes, rates, assessments and impositions whatsoever brings in nature of public demands which shall from time to time be charged, assessed or imposed by the authority of the Central and State Government upon or in respect of the premises and works of the lessee in common with other premises of a like nature except demand for land revenues.
To maintain and keep boundary marks in good order :
2. The lessee shall at their own expense erect at all times maintain and keep in repair boundary marks and pillars according to the demarcation to be shown in the plan annexed to this lease. Such marks and pillars shall be sufficiently clear of the shrubs and other obstructions as to allow easy identification.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 113 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— To indemnify department against all claims :
3. The lessee shall make and pay such reasonable satisfaction and compensation as may be assessed by lawful authority in accordance with the law-in-force on the subject for all damage, injury or disturbance which may be done by them in exercise of the powers granted by this lease and shall indemnify and keep indemnified fully and completely to the State Government/Department against all claims which may be made by any person or persons in respect of any such damage, injury or disturbance and all costs and expenses in connection therein.
To strength and support the mine to necessary extent :
4. The lessee shall strengthen and support to the satisfaction of the Railway Administration concerned or the State Government as the case may be any part of' the mine which in its opinion requires such strengthening or support for the safety of railway reservoir, canal, road and any other public works or structures.
To allow inspection of workings :
5. The lessees shall allow any officer authorized by the Director or the State Government in that behalf to enter upon the premises including any building. excavations or land comprised in the lease for the purpose of inspecting, examining, surveying, prospecting and making plans thereof' sampling and collecting any data and the lessee shall with proper person employed by the lessee and acquainted with the mines and work effectually assist such officer, agents, servants and workmen in conducting every such inspection and shall afford them all facilities, information connected with the working of the mines which they may reasonably require and also shall and will confirm to and observe all orders and obligation with the department and State Government as the result of such inspection otherwise may, from time to time, see fit to impose.
To report accident :
6. The lessees shall without delay send to the Deputy Commissioner/Collector a report of any accident causing death or 114 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— serious bodily injury or serious injury to property seriously affecting or endangering life or property which may occur in course of the operations under this lease.
To report discovery of other minerals :
7. The lessees shall report to the State Government the discovery in the lease area of any mineral not specified in the lease within______days of such discovery along with full particulars of the nature and position of each such find. If any mineral not specified in the lease is discovered in the leased area the lessee shall not win and dispose of such mineral unless such mineral is included in the lease or a separate lease is obtained therefore.
To keep the records and accounts regarding production and
employees etc. :
8. The lessees shall at all time during the said term keep or cause to be kept at an office to be situated upon or near the said lands correct and intelligible book of accounts which shall contain accurate entries showing from time to time :—
(i) Quantity and quality of the said mineral realized from
the said lands.
(ii) Quantity of various qualities of ores beneficiated or
converted.
(iii) Quantities of the various qualities of the said mineral sold
and exported separately.
(iv) Quantities of the various qualities of the said mineral otherwise disposed off and the manner and purpose of such disposal.
(v) Prices and all other particulars of all sales of said mineral.
(vi) The number of persons employed in the mines or works or upon the said lands pacifying nationality, qualifications and pay of the technical personnel.
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 115 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (vii) Such other facts, particulars and circumstances as the Department or State Governments may from time to time require and shall also furnish free of charge to such Officers and at such times as the Department and State Governments may appoint true and correct abstract of all or such books of accounts and such information and returns to all or any of the matters aforesaid as the State Government may prescribe and shall at all reasonable times allow such Officers as the Department or the State Government shall in that behalf appoint to enter into and have free access to the said officers for the purpose of examining and inspecting the said books of accounts, plan and records and to make copies thereof and make extracts therefrom.
To maintain plans, etc. :
9. The lessee shall at all times during the said term maintain at the mine office correct intelligible up-to-date and complete plans of the sections of mines in the said lands. They shall show all the operations and workings and all the trenches, pits and drillings made by him in the course of operations carried on by him under the lease, faults and other disturbance encountered and geological data and all such plans and sections be amended and filled up by and from actual surveys to be made for that purpose at the end of twelve months. The lessee shall allow any officer of the Department or the State Government, to inspect the same at all reasonable times.
10. (a) The lessee shall pay a wage not less than the minimum wage prescribed by the Central or the State Government from time to time.
(b) The lessee shall comply with provisions of the
Mines Act, 1952 and the rules made thereunder.
(c) The lessee shall take measures for the protection of the environment like planting of trees, reclamation of land, use of pollution-control devices, and such other measures as may be prescribed by the Central or the State Governments from time to time at his own expense.
116 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (d) The lessee shall pay compensation to the occupier of the land on the date and in the manner laid down in these rules.
(e) The lessee shall in the manner of employment give preference to the tribals and to the persons who becomes displaced because of the taking up of the mining operations.
Act 67 of 1957 :
11. The lessee shall be bound by such rules as may be issued from time to time by the Government of India under section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957) and shall not carry on mining or other operations under the said lease in any way other than as prescribed under these rules.
To provide weighing machine :
12. Unless specifically exempted by the Department/State Government the lessee shall provide and at all times keep at or near the pit head or each of the pit heads at which the said minerals shall be brought to book a properly constructed and efficient weighing machine and shall weigh or cause to be weighted thereon all the said minerals, from time to time, brought to bank, sold, exported and converted and also converted products and shall at the close of each day cause the total weights, ascertained by means or the said minerals, ores, products raised, sold, exported :
13. Converted during the previous twenty- four hours to be entered in the aforesaid book of accounts, the lessee shall permit, the State Government at all times, during the said term to employ any person or persons to be present at the weighing of the said minerals as aforesaid and to keep accounts thereof and to check the accounts kept by the lessee.
To allow test of weighing machine :
14. The lessee shall allow any person or persons appointed in that behalf by the State Government at any time or times during No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 117 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— the said term to examine and test every weighing machine to be provided and kept as aforesaid and the weights used therewith in order to ascertain whether the same respectively are correct and in good repair and order and if upon any such examination or testing any such weighing machine or weights shall be found incorrect or out of repair or order, the State Government may require that the same be adjusted, repaired and put in order by and at the expense of the lessee and if such requisition be not complied with within fourteen days after the same shall have been made, the State Government may cause such weighing machines or weights to be adjusted, repaired and put in order and the expense of so doing shall be paid by the lessee/lessees to the State Government on demand.
To pay the compensation for injury of third parties :
15. The lessee shall make and pay reasonable satisfaction and compensation for all the damage, injury or disturbance or person or property which may be done by or on the part of lessee in exercise of the liberties and power granted by these presents and shall at all times save harmless and keep indemnified the State Government from and against all suits, claims and demands which may be brought or made by any person or persons in respect of any such damage, injury or disturbance
Not to obstruct the working of other minerals :
16. The lessee will exercise the liberties and powers hereby granted in such a manner as to offer no unnecessary or reasonably avoidably obstruction or interruption to the development and working within the said lands of any minerals not included in this lease and shall at all times afford to the Department and State Government and to the holders of the prospecting licenses or mining leases in respect of any such minerals or any minerals within any land adjacent to the said lands as the case may be reasonable means of access and safe and convenient passage upon and across the said lands to such minerals for the purpose of getting working, developing and carrying away the same provided that the lessee shall receive reasonable compensation for any damage or injury, which he may sustain by reason or in consequence of the use or such passage by such lessees or holders of prospecting licenses.
118 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Transfer of lease :
16. The lessee shall not without the previous consent in writing
of the Department :
(a) Assign, sublet, mortgage, or in any manner, transfer the mining lease, or any right, title or interest therein, or
(b) Enter into or make any arrangement, contract or understanding whereby the lessee will or may be directly or indirectly financed to a substantial extent by, or under which the lessees operations or undertakings will or may be substantially controlled by any person or bodies of persons other than the lessee.
17. Provided that the Department shall not give its
written consent unless :
1. (a) The lessee has furnished an affidavit along with his application for transfer of the mining lease specifying therein the amount that he has already taken or proposes to take as consideration from the transferee.
(b) The transfer of the mining lease is to be made to a person
or body directly undertaking mining operations.
2. Without prejudice to the above provisions, the lessee may, subject to the conditions specified in the proviso to Rule_____of the said rules, transfer this lease or any right title or interest therein, to a person on payment of Rs._________to the department :
Provided that the lessee shall make available to the transferee the original or certified copies of all plans of abandoned workings in the area and in a belt______meters wide surroundings it.
18. The State Government, may by order in writing determine the lease at any time if the lessee has in the opinion of the Department/ State Government, committed a breach of any of the provisions or has transferred the lease or any right, title or interest therein otherwise in accordance with clause (2) :
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 119 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— Provided that no such order shall be made without giving the
lessee a reasonable opportunity of Stating his case.
Lessee shall deposit any additional amount necessary :
19. Whenever the security deposit of Rs.________ or any part thereof or any further sum hereafter deposited with the State Government in replenishment thereof shall be forfeited or applied by the Department or State Government pursuant to the power in hereafter declared in that behalf the lessee shall deposit with the State Government such further sum as may be sufficient with the inappropriate part thereof to bring the amount in deposit with the Department/ State Government up to the sum of Rs._________
Right of pre-emption :—
20. (a) The State Government shall from time to time and all times during the said term have the right (to be exercised by notice in writing to the lessee) of pre-emption of the said minerals (and all products thereof) lying in upon the said lands hereby demised or elsewhere under the control of the lessee and the lessee shall with all possible expedition deliver all minerals or products or minerals purchased by the State Government under the power conferred by this provision in the quantities at the times in manner and at the place specified in the notice exercising the said right.
(b) In the event of the existence of a state of war or emergency (of which existence and President of India shall be the sole judge and notification to this effect in the Gazette of India shall be conclusive proof), the department with the consent of the Government shall from time to time and all times during the said term have the right (to be exercised by a notice in writing to the lessee forthwith take possession and control of the works, plants, machinery and premises of the lessee on or in connection with the said lands or operations under this lease and during such possession or control the lessee shall confirm to and obey all directions given by or on 120 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— behalf of the Department or State Government regarding the use or employment of such works, plants, premises and minerals,
Employment of foreign national :
21. The lessee shall not employ, in connection with mining operations any person who is not an Indian national except with the previous approval of the State Government.
Recovery of the Expenses incurred by the State Government :
22. If any of the works or matters which in accordance with the covenants in that behalf herein before contained are to be carried or performed by the lessee be not so carried out or performed within the time specified in that behalf, the Department/State Government may cause the same to be carried out or performed and the lessee shall pay the Department/State Government on demand all expenses which shall be incurred in such carrying out or performance of the same and the decision of the Department/State Government as to such expenses shall be final.
PART VIII
The covenants of the Department/State Government
Lessee may hold and enjoy rights quietly :
1. The lessee paying the rents. water rates and royalties hereby reserved and observing and performing all the covenants and agreements herein contained and on the part of the lessee to be observed and performed shall and may quietly hold and enjoy the rights and premises hereby demised for and during the term hereby granted without any lawful interruption from or by the State Government, or any person rightfully claiming under it.
Acquisition of land of third parties and compensation thereof :
2. If the accordance with the provisions of the clause 4 of Part-VII of this schedule, the lessee shall offer to pay, to an occupier No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 121 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— of the surface of any part of the said land compensation for any damage or injury which may arise from the proposed operation of the lessee and the said occupier shall refuse his consent to the exercise of the right and powers reserved to the Department/State Government and demised to be lessee/lessees by the presents and the lessee shall report the matter to the State Government and shall deposit with it the amount offered as compensation and if the Department/State Government is satisfied that the amount of compensation offered is fair and reasonable or if it is not so satisfied and the lessee shall have deposited with it such further amount as the State and Central Government shall consider fair and reasonable the Department/State Government shall order the occupier to allow the lessee to enter the land and to carry out such operations as may be necessary for the purpose of this lease In assessing the amount of such compensation the Department/State Government shall be guided by the principles of the Land Acquisition Act.
3. To renew :
The mining lease is renewable in terms of the provisions of the
Act, and the rules made thereunder :
Provided that the Department/State Government may for reasons to be recorded in writing reduce the applied area for if the lease is in respect of the minerals specified in the First Schedule, the Act renewable will be subject to the prior approval of the Department/ State Government. If the lessees be desirous of taking a renewed lease of the premises hereby demised or any parts of them for a further term from the expiration of the term hereby granted and is otherwise eligible, they shall prior to expiration of the last mentioned term give to the Department/State Government twenty calendar months previous notice in writing and shall pay the rent, rates and royalties hereby reserved and shall observe and perform the several covenant and agreements herein contained and on the part of the lessee to be observed and performed up to the expiration of the term hereby granted. The Department/State Government on receipt of application for renewal shall consider it in accordance with the provisions of the act and the rules made thereunder and shall pass order as it deems fit. If renewal is granted, the Department/State 122 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Government will at the expense of the lessee and upon his executing and delivering to the Department State Government, if required a counterpart thereof execute and deliver to the lessee a Grant of Mining renewed lease of the said premises or part thereof for the further term of________years at such rent, rates and royalties and on such terms and subject to such covenants and agreements includes this present covenants to renew as shall be in accordance with the Minor Mineral Concession Rules, 2014, applicable to_________(mineral) on the day next following the expiration of the term hereby granted.
4. Liberty to determine the lease :
The lessee may at any time determine this lease by giving not less than months notice in writing to the Department/State Government or to such officer or authority as the State Government may specify in this behalf and upon the expiration of such notice provided that the lessee shall upon such expiration render and pay all rents, water rates, royalties, compensation for damages and other moneys which may then be due and payable under these presents to the lessor or any other person or persons and shall deliver these presents to the Department/State Government then this lease and the said term and the liberties, powers and privileges hereby granted shall absolutely cease and determine but without prejudice to any right or remedy of the lessor in respect of any breach of any of the covenants or agreements contained in these presents.
(1) The Department/State Government may on an applications made by the lessee permit him to surrender one or more minerals from his lease which is for a group of minerals on the ground that deposits of that mineral have since exhausted or depleted to such an extent that it is no longer possible to work the mineral economically, subject to the condition that the lessee :
(a) Makes an application for such surrender of mineral at least six months before the intended date of surrender ; and
(b) Gives an undertaking that he will not cause any hindrance in the working of the mineral surrendered by any other No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 123 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— person who is subsequently granted a mining lease for that mineral.
Refund of security deposits :
5. On such date as the State Government may elect within months after the determination of this lease or any renewal thereof, the amount of the security deposit paid in respect of this lease and then remaining in deposit with the Department/State Government and not required to be applied to any of the purposes mentioned in this lease shall be refunded to the lessee. No interest shall run on the security deposit.
PART IX
General Provisions
Obstructions to inspection :
1. In case the lessee for his Transferee/Assignee does not allow entry or inspection by the Officers authorized by the Department or State Government. The Department/State Government shall give notice in writing to the lessee requiring him to show cause within such time as may be specified in the notice why the lease should not be determined and his security deposit forfeited, and if the lessee fails to show cause within the aforesaid time to the satisfaction of the Department/State Government, the Department/State Government may determine the lease and forfeit the whole or part of the security deposit.
Penalty in case of default in the payment of royalty and breach
of covenants :
2. If the lessee or his transferee or assignee makes any default in payment of rent or water rate or royalty required by section 9 of the Act or commits a breach of any of the conditions and covenants other than those referred to in covenant I above, the State Government shall give notice to the lessee requiring him to pay the rent, water rate, royalty or remedy the breach, as the case may be, within____ days from the date of receipt of the notice and if the 124 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
rent water rate, and royalty are not paid or the breach is not remedied within such period, the Department/State Government without prejudice to any proceedings that may be taken against him determine the lease and forfeit the whole or part of the security deposit.
Penalty for repeated breaches of covenants :
3. In case of the repeated breaches of covenants and agreements by the lessee for which notice has been given by the Department/ State Government in accordance with clauses (1) and (2) aforementioned on earlier occasion, the Department/State Government without giving any further notice, may impose such penalty not exceeding twice the amount of annual dead rent specified in Clause 2 Part V.
Failure to fulfill the terms of leases due to "Force Majeure" :
4. Failure on the part of' the lessee to fulfill any or the terms and conditions of this lease shall not give the Department or State Government any claim against the lessee or be deemed a breach of this lease in so far as such failure is considered by the said Department/Government to arise from force majeure, and if through force majeure the fulfillment by the lessee of any of the terms and conditions of this lease be delayed the period of such delay shall be added to the period fixed by this lease. In this clause the expression "Force Majeure" means act of God, war, insurrection, riot, civil commotion, strike, earthquake, tide, storm, tidal wave, flood, lightening, explosion, fire and any other happening which the lessee could not reasonably prevent or control.
Lessee to remove his properties on the expiry of lease :
5. The lessee having first paid discharged rents, rates and royalties payable by virtue of these presents may at the expiration or sooner determination of said term or within________months thereafter (unless the lease shall be determined under Clauses I and 2 of this part and in that case at any time not less than_______months not more than_______months after such determination) take down or remove for his own benefit, set up or placed by the lessee in or upon the said lands and which the lessee is not bound to deliver to the Department/State Government under Clause 20 of Part VII No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 125 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
of this schedule and which the Department/State Government shall not desire to purchase.
Forfeiture of property left after determination of leases :
6. If at the end of six calendar months after the expiration or sooner determination of the said term under the provision contained in Clause 4 of Part VII of this schedule become effective there shall remain in or upon the said land any [ore or mineral] engines, machinery, plant, building structure and other work, erections and conveniences or other property which are not required by the lessee in connection with operations in any other lands hold by him under mining lease the same shall if not removed by the lessee within____ month after notice in writing requiring their removal has been given to the lessee by the Department/State Government be deemed to become the property of the Department/State Government and may be sold or disposed of in such a manner as the Department/State Government shall deem fit without liability to pay any compensation or to account to the lessee in respect thereof
IN WITNESS WHEREOF these presents. have been executed
in the manner hereunder appearing the day.
lessee
Director, Geology and Mining Department. J&K Government. (on behalf of Governor of J&K State)
Witness : Witness:
126 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM QL1
[See Rule-46(i)]
APPLICATION FOR GRANT/RENEWAL OF QUARRY LICENSE
To
The _____________
Department of Geology and Mining,
_____________________________
Sir,
I/We request you to grant/renew me/us quarry license for
mineral ____________over plot No. ___________in area
__________________ for a period of 05 years under the Jammu
and Kashmir Minor Mineral Concession, Rules, 2014.
2. I/We have deposited Rs.______________as the application
fee payable vide Demand Daft/Treasury Challan No.___________
Receipt No. dated______________
3. Following are the required particulars :––
A. In case the applicant is an individual.
(a) Name of applicant :___________________________
(b) Father's/Husbands Name :______________________
(c) Occupation :________________________________
(d) Nationality :_________________________________
(e) Permanent Address :__________________________ No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 127 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
B. In case the applicant is Firm/Company/Association/Society :
(a) Kind of business :____________________________
(b) Place of business :____________________________
(c) Place of Registration : _________________________
(d) Residency of Director's/Partner's :_______________
N. B :
Please enclose copies of certificate of Firm's registration, partnership deed, power of attorney, Certificate of incorporation, Memorandum of Articles and Articles of Association and Directors about applying for quarry license.
Details of the applicant in Jammu and Kashmir in respect of
other mineral concessions already held.
| S. No. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– | Name of Division | Mineral for which lease is held | Extent of area held (Give plot No's of Quarry license) | Period of Lease/ Quarry License | Location of Lease/Quarry license |
| From To | |||||
| 1 | 2 | 3 | 4 | 5 6 | 7 |
4. Details of Lease/License applied for simultaneously :
(a) _______________________________________
(b) _______________________________________
(c) _______________________________________
5. Are you intending to setup a mineral based Industry in tile area using this mineral as raw material (if so, give particulars of the same).
I/We declare that particulars given above are correct and I/We will furnish any other details required in this connection on demand.
Yours faithfully,
Place : _______________ Name : __________________
Date : ________________ Present Address : __________ 128 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM QL2
PROFORMA OF QUARRY LICENSE
[See Rule 48(ii)]
I. Quarry License No.__________ 2. Valid upto___________
3. Name of Licensee__________________________________
4. Father's Name/Husband's Name _______________________
5. Address________________________________________
6. Name of block in which quarry license has been granted :
Village __________________________________________
Tehsil ___________________________________________
Distt. ___________________________________________
7. Plot/Survey No. ___________________________________
Authorized Signatory
Details about payment of license fee and period of subsequent renewals
| S. No. | Amount deposited | Challan/Cash Receipt No. | Date of Deposits | Period of Renewal | Authorized Signatory |
| 1 | 2 | 3 | 4 | 5 | 6 |
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 129 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM QL3
AUTHORIZATION FOR LIFTING OF MINERAL
[See Rule 50(50.1)]
1. Quarry License No______________ 2. Valid upto_________
3. Name of Licensee__________________________________
4. Father's Name/ Husband's Name ______________________
5. Address________________________________________
6. Name of plot/area in which quarry license has been granted
__________________________________________________
7. Village_________________________________________
Tehsil ___________________________________________
Distt. ___________________________________________
8. Plot/Survey No.____________________________________
9. Name of the Mineral ________________________________
10. Quantity (MT)_____________________________________
11. Period__________________________________________
12. Royalty paid ______________________________________
13. G .R. No._____________________Date________________
14. Challans issued ____________________________________
No.
Date
Authorized Signatory 130 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM STP1
(To be submitted in triplicate)
MODEL FORM OF APPLICATION FOR SHORT TERM PERMIT
[See Rule 58(58.1)]
1. Name of the applicant
2. Address
3. Location of the quarry
4. Survey No.
5. Village, Tehsil and District
6. Quantity of the Minor Mineral proposed to be extracted/lifted
7. Payment Particulars
(a) Challan No., date & amount
(b) Name of the Treasury
8. Route and Mode of Transportation
9. Purpose of extraction/lifting of Minor Mineral (Own consumption or sale in case of sale, the name and address of the purchaser should be furnished)
10. Loading point
11. Destination of the consignment with the name and address
of the consignee.
12. Basic value of the minor mineral at pit head No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 131 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 13. Date within which the applicant desires to extract/lift the
quantity
(the period should not exceed 30 days)
14. Other particulars which the applicant wishes to furnish in
support of his application
I/We hereby certify that the particulars given above are correct
and to the best of my knowledge and belief.
Signature of applicant
Place :
Date :
––––––
132 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM STP2
MODEL FORM FOR QUARRY PERMIT
(See Rule 59)
Permit No. .................. Dated............................
Permit is hereby granted to……….........To extract/lift……........….
tonnes of………........... ..............................(Name of Minor Mineral)
from the area/plot situated at.......................................................in
Survey No. ………..........of village….......................................…Tehsil
.....................................and District...............................in consideration
of payment of a sum of Rs. ...........................................….being the
Royalty on the said quantity and application fee, subject to the
conditions as laid down in Rule 62.
Issuing Authority
––––––
No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 133 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
GOVERNMENT OF JAMMU AND KASHMIR DEPARTMENT OF GEOLOGY AND MINING
FORM RC1
[See Rule 44(44.1)]
AGREEMENT FOR ROYALTY COLLECTION CONTRACT
THIS INDENTURE made this ______day of ____20 between the Governor of the State of Jammu and Kashmir (hereinafter referred to as the 'State Government' which expression shall where the context so admits be deemed to include the successors and assignees) of the one part and Sh.____________________________ S/o_____________________R/o____________(hereinafter referred as the "the Contractor" which expression shall where the context so admits be deemed to include his legal heirs, representatives and permitted assignees) of the other part.
WHEREAS the Contractor has offered a Bid of Rs.___________ (hereinafter referred to as the said Bid) for award of Royalty Collection Contract for Minor Mineral Block/Stone Quarry Belt ________________(hereinafter referred to as Block/Belt) to the State Government in accordance with the J&K Minor Mineral Concessions Rules, 2012 (hereafter referred to as the said rules).
WHEREAS said Bid has been accepted by Competent Authority and Contractor has paid an amount of Rs._____________in full in shape of COR/FOR/DO pledged to Authorized Officer with the condition that the Contractor shall charge Royalty as per the rates specified in the Schedule-I to the said Rules.
WHEREAS the Contractor has paid a Security of Rs.__________ in the form of CDR/FDR/DD pledged to Director, Geology & Mining for the fulfillment of the terms and conditions of NIT & covenants of Royalty Collection Contract.
Now these presents Witness as follows :
(01) The State Govt. hereby grants to the contractor, authority to collect Royalty as per the Schedule-I of said rules for the Minor Minerals dispatched from the Minor Mineral Block/Belt ____________ 134 The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. [No. 40-e ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (02) The Agreement shall remain in force from__________
to___________
(a) The contractor shall collect the Royalty against the dispatches of the mineral made by the licensee/lessee/ permit holder at the exit points of the mineral block under his control.
(b) The contractor shall issue printed receipts authenticated by the department for the amount of Royalty collected for every dispatch of the Minor Mineral and shall record time and date or dispatch on the receipt and shall retain a counter foil with him. The contractor shall maintain daily records or such dispatches/supplies, which shall be open to inspection of any Competent Authority and shall submit monthly returns of minor mineral dispatched from the Block/Belt upto I4th or succeeding month. In case of violation, penalty @ Rs._______________for each day or such amount as deemed appropriate by Competent Authority for the default committed by the Contractor.
(c) In case the Minor Mineral is used for works or National Highway, Railway MPGSY Beacons, NHPC. HCC, JKSPDC & Mugal Road Contractor shall not charge any royalty from such concerns.
(d) The contractor shall not transfer the contract as a whole or in pan and shall not grant any Sub-Contract to or in the name of any other person unless approved by Competent Authority.
(e) The contractor shall not have any other right regarding Block/Belt except realization of loyalty at the Scheduled rates on behalf of the State Government.
(f) The Contractor shall abide by the orders and instructions issued by the State Government or any Officer of the Department of Geology & Mining in accordance with the provisions of the said rules.
(g) The contractor will not allow any unlawful extraction from the block under his control and will intimate in No. 40-e] The J&K Govt. Gazette, 6th Jan., 2016/16th Pausa, 1937. 135 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— writing to the department regarding the same if observed.
(h) In case of default in the due observance of the terms and conditions of the Contract, the Contract may be terminated by Competent Authority by giving 10 days notice with forfeiture of Security Deposit.
(i) The contractor shall make his own arrangements for collection of Royalty and State Government shall not be responsible for refusal of payment of Royalty to him. But if a complaint is made by him in this respect, the same may be considered for taking action under said rules.
(j) The Contract may be terminated by the State Government, if considered by it to be in Public interest, by giving_____ days notice.
(k) The Security deposited for due observance of the Contract shall be refundable after the expiry of the contract or earlier determination in public interest.
(l) The contractor shall have to abide by rules and regulations of the Forest, Wild life, Fisheries, Tourism and Flood Control Departments during the period of Contract.
(m) The contractor shall have to deposit Income Tax of the said Bid towards Income Tax Department, as per Income Tax Act, 1961.
In Witness where of parties have appended their signatures to
these presents.
Director. Geology & Mining J&K Govt. Jammu. (Signed on behalf of the Governor of J&K State)
Signature of the Royalty Collection Contractor
Witness : Witness : 1.
2.