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 .... | 48-54 91-100 11-12 47-54 15-16 | 21-24 |
Printed at the Government Press, Srinagar.
48 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.
Notification
No. 791 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr./Ms. Damini Kargotra S/o/D/o Mr. Kuldeep Chander Kargotra R/o 76, Exchange Road, Kachi Chawni, Jammu vide Notification No. 06 dated 18-04-2015 for a period of one year has been extended till 18-04-2017 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. 792 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Harbajan Singh S/o Mr. Jagjit Singh R/o H. No. 56, Upper Lakshmi Nagar, Sarwal, Jammu vide Notification No. 1398 dated 30-03-2015 for a period of one year has been extended till 30-03-2017 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. 6] The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. 49 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification
No. 793 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Juhi Janotra D/o Mr. Birbal Janotra R/o W. No. 6, Kathua Moh. Gandhi Nagar, Kathua A/P Q. No. 2, Irrigation Colony Opp. Power House, Canal Road, Jammu vide Notification No. 1378 dated 30-03-2015 for a period of one year has been extended till 30-03-2017 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. 794 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Surjeet Singh S/o Mr. Tarlok Singh R/o Village Gai Dessa (Mangal Thatha), Tehsil Bhagwah, District Doda vide Notification No. 1370 dated 30-03-2015 for a period of one year has been extended till 30-03-2017 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. 795 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Sunil Bakshi S/o Mr. Shakti Kumar Bakshi R/o Sari Rakwalan, Ghou Manhasan Road, Jammu vide Notification No. 1401 dated 30-03-2015 for a period of one year has been extended till 30-03-2017 subject to the verification of Certificates/Degrees.
50 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 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. 796 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Rahul Sadotra S/o Mr. Kali Dass R/o H. No. 105, Ward No. 12, Bishnah, Jammu vide Notification No. 29 dated 18-04-2015 for a period of one year has been extended till 18-04-2016 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. 797 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Kanvika Sambyal D/o Mr. Raj Kishore Singh R/o Ext. 7, Sec-F, Sainik Colony, Jammu vide Notification No. 217 dated 29-05-2015 for a period of one year has been extended till 29-05-2017 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. 798 Dated 29-12-2016.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Imtiyaz Ahmad Ganie S/o Mr. Ali Mohd Ganie No. 6] The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. 51 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— R/o Gulshanabad, Rajpora (Mohalla Ganie), Pulwama vide Notification No. 292 dated 16-07-2015 for a period of one year has been extended till 16-07-2017 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. 799 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Fayaz Ahmad Malla S/o Mr. Gulam Ahmad Malla R/o Heingh Rajpora, Banpora, Tehsil Tangmarg, District Baramulla vide Notification No. 657 dated 17-10-2014 for a period of one year has been extended till 17-10-2017 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. 800 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Divya Kotwal D/o Mr. Ram Parsad Kotwal R/o Udrana Gwari (Gatha), Bhaderwah, District Doda vide Notification No. 250 dated 16-07-2015 for a period of one year has been extended till 16-07-2017 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. 801 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Muddasir Ahmad Malik S/o Mr. Zahoor Ahmad Malik R/o K. B. Pora, Noorabad, Bungam, Malik Mohalla, Dharmal, Hanjipur, Kulgam vide 52 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification No. 251 dated 16-07-2015 for a period of one year has been extended till 16-07-2017 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. 802 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Manzoor Ahmad Pandith S/o Mr. Gh. Qadir Pandith R/o Pandith Mohalla. Zawoora, Pantha Chowk, Srinagar vide Notification No. 261 dated 16-07-2015 for a period of one year has been extended till 16-07-2017 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. 803 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Shafat Hussain Mir S/o Mr. Gh. Mohammad Mir R/o Magam, Budgam vide Notification No. 263 dated 16-07-2015 for a period of one year has been extended till 16-07-2017 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. 804 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Malik Mohd Mohsin S/o Mr. Malik Mohd Shafi R/o Khuri No. 6] The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. 53 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Batpora, Malik Mohalla, D. H. Pora, Kulgam vide Notification No. 288 dated 16-07-2015 for a period of one year has been extended till 16-07-2017 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. 805 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Syed Nadiya Shadab D/o Syed Basharat Hussain R/o Basant Bagh, Payeen, Srinagar vide Notification No. 249 dated 16-07-2015 for a period of one year has been extended till 16-07-2017 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. 806 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Surinder Singh Jamwal S/o Sh. Mohan Singh Jamwal R/o Sidhra, P/O Sidhra, Jammu vide Notification No. 770 dated 01-03-2013 for a period of one year has been extended till 01-03-2017 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. 807 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Nazir Ahmed S/o Mr. Ghulam Nabi R/o Wagub, Sopore, District 54 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Baramulla vide Notification No. 99 dated 04-04-2009 for a period of one year has been extended till 04-04-2017 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. 808 Dated 29-12-2016.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Toseal Ahmad S/o Kh. Gh. Nabi R/o Garkote, Village Bilalabad, Tehsil and District Baramulla vide Notification No. 864 dated 09-01-2014 for a period of one year has been extended till 09-07-2017 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.) MOHAMMAD YASIN BEIGH,
Joint Registrar (Adm.).
–––––––
Subject :––– Assumption of charge.
–––––––
In pursuance to Government Order No. 555-GAD of 2017 dated 28-04-2017 issued vide endorsement No. GAD (Ser) IAS/21/2016-II, I hereby assume the charge of the post of Secretary to the Hon'ble Chief Minister today the 8th May, 2017 F. N.
Place : Srinagar.
Dated : 08-05-2017.
(Sd.) M. H. MALIK, KAS, THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 130] Srinagar, Thu., the 11th May, 2017/21st Vai., 1939. [No. 6
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—CO-OPERATIVES DEPARTMENT.
Subject :— Appointment of Vice-Chairperson on the Board of Directors
of the various Corporation(s).
Reference :— OM No. GAD/(Adm) 63/2017-V dated 25-03-2017 from
General Administration Department.
————
Government Order No. 14-Co-op of 2017
Dated 30-03-2017.
Government Order No.11-Co-op of 2017 dated 17-03-2017 issued under endorsement No. Co-op/SS/02/2014 dated 17-03-2017 regarding 92 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
appointment of Vice-Chairperson of Board of Management for managing the affairs of the Jammu and Kashmir Co-operative Supplies and Marketing Federation (JAKFED) Ltd. is hereby rescinded.
By order of the Government of Jammu and Kashmir.
(Sd.) NIRMAL SHARMA,
Commissioner/Secretary to Government,
Co-operatives Department.
———
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 148-Rev (LAJ) of 2016
Dated 15-12-2016.
Whereas the land, specification whereof are given in "Annexure-A"
to this notification, is required for public purpose, viz. construction of Ring
Road by NHAI at Village Kotli Mian Fateh, Tehsil R. S. Pura, District
Jammu ; and
Whereas, on the basis of indent prepared by Project Director, NHAI,
315/1, Jammu, a notification under section 4 (1) was issued by Collector,
Land Acquisition (SDM), R. S. Pura vide No. SDMR/LA/Ring
Road/2016-17/1083-89 dated 27-08-2016 for land measuring 98 Kanals,
18 Marlas and 03 Sirsai situated at Village Kotli Mian Fateh, Tehsil R. S.
Pura, District Jammu ; and
Whereas, the Collector, Land Acquisition (SDM, R. S. Pura), Jammu,
vide No. SDMR/LA/Ring Road/2016-17/1232-33 dated 20-09-2016 has
reported that the notification issued under section 4 (1) of the J&K State
Land Acquisition Act by him was served upon the interested persons for
filing objections, if any, to the proposed acquisition, but no objection was No. 6] The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. 93 ––––––––––––––––––––––––––––––––––––––––––––––––———–––––––– received from the land owners/interested persons within the prescribed
period as required under sections 5 & 5-A of the Land Acquisition
Act ; and
Whereas, the report furnished by Collector, Land Acquisition (SDM),
R. S. Pura, Jammu, vide above referred letter duly endorsed by District
Collector (DC), Jammu, vide No. DCJ/LA/Ring Road/2016-17/899-902
dated 01-10-2016, has been examined and it has been found that the land
owners did not file any objection to the proposed acquisition ; and
Whereas, the Government is satisfied that the land particulars whereof
are given above, is required for public purpose viz., for construction of Ring
Road by NHAI at Village Kotli Mian Fateh, Tehsil R. S. Pura, District
Jammu ;
Whereas, the Indenting Department/Collector have expressed urgency
for taking over the possession of the land.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
98 Kanals, 18 Marlas and 03 Sirsai situated at Village Kotli Mian Fateh,
Tehsil R. S. Pura, District Jammu, particulars whereof are given in
"Annexure A" is required for public purposes viz. for construction of Ring
Road by NHAI. Further, the Collector, Land Acquisition (SDM, R. S. Pura),
Jammu is directed under section 7 of the said Act to take orders for
acquisition of the said land after giving prescribed notice to the interested
person(s) as required under the Land Acquisition Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act,
Samvat 1990, it is also ordered that on expiry of fifteen days from the
publication of the notification under section 9 (2) of the said Act, the
Collector will take possession of the aforementioned land in Village Kotli
Mian Fateh, Tehsil R. S. Pura, District Jammu, required for public purposes,
subject to fulfillment of the conditions prescribed under section 9 (2) and
section 17-A of the Land Acquisition Act and Rule 63 of the Land
Acquisition Rules.
94 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) MOHAMMAD ASHRAF MIR,
Commissioner/Secretary to Government,
Revenue Department.
———–
Annexure 'A'
Particulars of land
District Tehsil Village Khasra Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Jammu R. S. Pura Kotli 5 00–03–00
Mian
Fateh
6 02–06–00
7 03–07–00
12 00–08–00
13 01–15–00
14 00–12–00
15 00–16–00
16 01–00–00
17 01–07–00 No. 6] The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. 95 ––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
18 00–13–00
19 02–05–00
20 01–12–00
23 00–02–00
74 00–10–00
102 00–10–00
103 00–11–00
104 00–16–00
106 01–00–00
107 00–06–00
108 01–05–00
109 01–00–00
110 01–16–00
111 02–00–00
112 01–09–00
113 01–09–00
114 01–13–00
116 03–03–00
119 02–06–00
120 04–02–00
121 04–19–00
122 00–07–00
123 02–04–00
124 02–00–00
96 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
126 02–10–00 127 00–12–00 128 01–05–00 133 04–03–00 134 03–17–00 135 01–17–00 136 01–06–00 137 01–01–00 140 00–03–00 145 01–01–00 148 02–12–00 151 00–08–00 152 00–18–00 153 00–11–00 154 05–11–00 155 00–11–00 156 00–03–00 170 02–12–00 171 02–10–00 172 02–02–00 173 00–09–00 174 00–03–00 175 05–06–00
No. 6] The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. 97 ––––––––––––––––––––––––––––––––––––––––––––––––———–––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
176 03–04–00
194 00–15–00
195 00–04–00
196 00–01–00
651 03–12–00
105 00–02–00
652 00–00–03
–––––––
Total 98–18–03
–––––––
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 150-Rev (LAJ) of 2016
Dated 15-12-2016.
Whereas, the land, specification whereof are given in "Annexure-A" to this notification, is required for public purpose, viz. construction of Ring
Road by NHAI at Village Phatyari, Tehsil Bishnah, District Jammu ; and
Whereas, on the basis of indent prepared by Project Director, NHAI,
315/1, Jammu, a notification under section 4 (1) was issued by Collector,
Land Acquisition (SDM), Jammu South vide No. SDMR/Jmu-S/933-39
dated 23-08-2016 for land measuring 47 Kanals, 18/½ Marlas situated in
Village Phatyari, Tehsil Bishnah, District Jammu ; and
Whereas, the Collector, Land Acquisition (SDM), South Jammu vide
No. SDM/Jmu-S/1114-15 dated 17-09-2016 has reported that the notification 98 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
issued under section 4 (1) of the J&K State Land Acquisition Act by
him was served upon the interested persons for filing objections, if any, to
the proposed acquisition, but no objection was received from the land
owners/interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ; and
Whereas, the report furnished by Collector, Land Acquisition (SDM),
South Jammu, vide above referred letter duly endorsed by District Collector
(DC), Jammu, vide No. 502/2715/R-R-NHAI/Phatyari/J/16/1858-61
dated 13-10-2016, has been examined and it has been found that the land
owners did not file any objection to the proposed acquisition ; and
Whereas, the Government is satisfied that the land particulars whereof
are given above, is required for public purpose viz., for construction of
Ring Road by NHAI at Village Phatyari, Tehsil Bishnah, District Jammu ;
Whereas, the Indenting Department/Collector have expressed urgency
for taking over the possession of the land.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
47 Kanals, 18½ Marlas situated in Village Phatyari, Tehsil Bishnah, District
Jammu, particulars whereof are given in "Annexure A" is required for
public purposes viz. for construction of Ring Road by NHAI. Further, the
Collector, Land Acquisition (SDM), Jammu is directed under section 7 of
the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person(s) as required under the Land
Acquisition Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is also ordered that on expiry of fifteen days from the publication of
the notification under section 9 (2) of the said Act, the Collector will take
possession of the aforementioned land in Village Phatyari, Tehsil Bishnah,
District Jammu, required for public purposes, subject to fulfillment of the
conditions prescribed under section 9 (2) and section 17-A of the Land
Acquisition Act and Rule 63 of the Land Acquisition Rules.
No. 6] The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. 99 ––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) MOHAMMAD ASHRAF MIR,
Commissioner/Secretary to Government,
Revenue Department.
———–
Annexure 'A'
Particulars of land
District Tehsil Village Khasra Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu Bishnah Phatyari 749 min 00–01
761 min 00–01
772 min 00–01
773 00–05
774 min 00–06
775 min 03–03
776 min 00–18.5
777 min 01–07
778 01–14
779 01–18
780 01–17 100 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2 3 4 5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
781 min 07–19
782 min 09–14
787 min 03–15.5
788 min 01–19
789 min 05–15
798 min 00–05
799 01–10
800 00–17
801 min 00–08
803 min 02–13
804 min 01–04.5
805 min 00–07
––––––
Total 47–18.5
–––––– THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 130] Srinagar, Thu., the 11th May, 2017/21st Vai., 1939. [ No. 6 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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
In pursuance of Government Order No. 555-GAD of 2017 dated 28-04-2017 issued by the General Administration Department, J&K under endorsement No. GAD(Ser)IAS/21/2016-11 dated 28-04-2017, I hereby assume the charge of the post of Custodian General, J&K, Srinagar today the 8th of May, 2017 F. N.
(Sd.) AIJAZ AHMAD BHAT, KAS,
Custodian General, J&K, Srinagar.
–––––––––
12 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 –––––––––––––––––––––––––––––––––––––––––––––––––––––– We the undersigned do hereby certify that we have handed over and taken over the charge of office of the Chief Engineer, System and Operation Wing PDD, Jammu on 24th of April, 2017, in pursuance of Government Order No. 85-PDD of 2017 dated 24-04-2017.
(Sd.) MANHAR GUPTA,
Superintending Engineer.
Relieved Officer.
(Sd.) SHOBAN KUMAR ZUTSHI,
Chief Engineer, System and Operation Wing, Jammu.
Relieving Officer.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 130] Srinagar, Thu., the 11th May, 2017/21st Vai., 1939. [No. 6
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.
———–
OFFICE OF THE DEPUTY COMMISSIONER, NANDINI HILLS, SAMBA, GOVERNMENT OF J&K.
Subject :—De-notification of land measuring 580 Kls 05 Mls situated at Village Katli and Rehian for establishment of Industrial Estates at Samba, District Samba.
–––––––
De-notification Order
Whereas, vide this Office No. DCS/SM/Katli/95/16-17/584-92 dated 17-10-2016, the notification under section 4 (1) has been issued in respect of land measuring 1365 Kls 05 Mls falling at Village Katli and Rehian ;
48 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the revenue documents were forwarded to the Indenting Department for authentication and the department authenticated the same ;
Whereas, subsequent to the request of the Indenting Department that it requires only 785 Kls 05 Mls of land, fresh revenue papers were sent for authentication which also stand authenticated vide No. SIDCO/ ROJ/PROJ/16/94/1368-69 dated 06-12-2016.
Now, therefore, as requested by the Indenting Department, the land measuring 580 Kls falling at Village Katli and Rehian, the detail of which is given below is hereby de-notified from the instant acquisition.
Particulars of land
District Village Khasra Nos. Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Samba Katli 1348 09–17
146 02–05
147 09–06
148 02–09
149 17–13
150 00–06
151 05–10
152 07–17
153 13–10
154 30–00
191 22–10
192 01–00
No. 6] 50 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 49
–––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 1 2 2 3 3 4 4
–––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. K. M.
193 58 22–04 30–07
194 59 01–12 00–11
215 60 00–10 09–15
327 61 05–03 00–10
328 62 05–01 10–02
329 63 06–01 08–02
Rehian 64 13 24–18 05–02
125 65 04–18 21–08
127 66 01–05 00–18
128 67 75–03 04–12
68 47 08–19 16–11
69 48 03–05 10–04
70 49 02–17 13–14
76 50 04–09 13–12
77 51 00–17 09–10
78 52 04–18 06–10
79 53 13–15 02–02
80 54 01–03 04–08
81 55 02–18 00–14
82 56 02–19 01–08
83 57 19–09 02–08
No. 6] The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. 51 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. 84 11–01
85 01–18
86 06–09
87 01–04
88 07–03
89 13–17
90 00–12
91 00–16
92 02–05
93 12–09
94 01–01
95 01–09
96 02–18
97 01–08
98 08–15
–––––– Total 580–00 ––––––
(Sd.) TILAK RAJ SHARMA, KAS,
Additional Deputy Commissioner, Samba.
–––––––
52 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 –––––––––––––––––––––––––––––––––––––––––––––––––––––– OFFICE OF THE COLLECTOR, LAND ACQUISITION, POWER GRID CORPORATION OF INDIA LTD., NARWAL BYE-PASS ROAD, JAMMU.
Subject :—Notification under section 4 (1) of Land Acquisition Act,
1990 Svt. as amended up-to-date.
–––––
Corrigendum
Please read Location No. 64-A instead of Location No. 64 entered at S. No. 1 of notification under section IV (1) of Land Acquisition Act, 1990 Svt. as amended up-to-date issued vide this Office No. N2JM/PGCI/CLA/2016/3224-30 dated 29-02-2016 coming under the corridor of 220 KV S/C Salal-Jammu-I Transmission Line in Village Dharoor, Tehsil Katra, District Reasi.
(Sd.) KUSUM SHARMA, KAS,
Collector, Land Acquisition, Power Grid Corporation of India Ltd., Narwal Bye-Pass, Jammu.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION, SUB-DIVISIONAL MAGISTRATE, BASANTGARH (DISTRICT UDHAMPUR).
Subject :—Notification under section 4 (1) of the Jammu and Kashmir
Land Acquisition Act No. X of 1990 BK.
–––––––
Notification
In exercise of powers conferred upon me under sub-section (1) of section 4 of the Land Acquisition Act No. X of 1990 BK, I, Kewal Krishan, KAS, Collector, Land Acquisition, Sub-Divisional Magistrate, Basantgarh, District Udhampur do hereby notify the land measuring 64 No. 6] The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. 53 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Kanals 15 Marlas particulars of which are given below is likely to be needed for public purpose namely for construction of road under PMGSY from "Parla Chakal to Balota" in Village Seia Mehari, Tehsil Basantgarh, District Udhampur.
Objections, if any, to the acquisition of the below mentioned land will be received by undersigned within 15 days from the date of publication of this notification in the Govt. Gazette.
Specification of land
District Tehsil Village Kh. Nos. Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Udhampur Basantgarh Seia Mehari 451/190 min 01–07
153 min 02–13
119 min 03–09
119 min 03–13
118 min 02–13
437/109 min 02–07
112 min 05–00
100 00–02
518/80 min 04–00
85 min 04–13
61 min 01–07
534/63 min 02–09
429/313/199 min 01–08
429/313/199 min 01–00
55 min 02–09
55 min 02–07
234 min 10–00 54 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. 517/247 min 06–05
250 min 04–00
371/321/305 min 03–13 ––––– Total 64–15 –––––
(Sd.) KEWAL KRISHAN, KAS,
Collector, Land Acquisition, Sub-Divisional Magistrate, Basantgarh.
–––––––
NOTICE
I, Amrit Kumar S/o Lt. Sh. Yograj R/o Village Badyal Brahmana, R. S. Pura, Jammu have applied for correction of my D. O. B. which is 01-01-1962 instead of 01-02-1962 and my father's name which has wrongly been written as Amolak Ram instead of Yograj in PAN Card. Objection, if any, may be conveyed to concerned authority within 7 days.
––––––
NOTICE
My father name has wrongly been written as Lal Shadi Parihar instead of Kanshi Ram in my PAN Card bearing No. CWHPD5000N. Now, I am applying for correction of the same. Objection, if any, may be conveyed to Income Tax Department, Jammu within 7 days.
Geeta Devi D/o Kanshi Ram R/o Plot No. 3, Sector 11, CBD Belapur, Nai Mumbai-400614.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 130] Srinagar, Thu., the 11th May, 2017/21st Vai., 1939. [No. 6 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS––C
––––––
ARMED POLICE HEADQUARTERS, J&K, JAMMU.
Tender Extension Notice No. 2.
Due to "Inadequate response" to NIT No. 01 of 2017 dated 16-03-2017 issued by Armed Police Headquarters, J&K, Jammu for printing of J&K Police Newsletter for the year 2017-18 (published in local Newspaper "Kashmir Times" on March 18, 2017) followed by its Extension Notice published in "State Times" on April 05, 2017, the last date for submission of sealed tenders for printing of J&K Police Newsletter for the year 2017-18 is again extended up to 15-05 2017 till 4 P. M.
However, in view of Darbar Move, the sealed tenders addressed to ADGP, Armed, J&K shall be received at APHQ, J&K, Jammu up to 28-04-2017 only and from 01-05-2017 to 15-05-2017 (4 P. M.). The tenders shall be received at APHQ, J&K, Srinagar.
16 The J&K Govt. Gazette, 11th May, 2017/21st Vai., 1939. [No. 6 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
The tenders will be opened on 16-05-2017 (3. P. M.) at APHQ, J&K, Srinagar. All other terms and conditions of the NIT shall remain the same.
The detailed NIT No. 01 of 2017 dated 16-03-2017 along with its terms and conditions issued earlier by Armed Police Headquarters shall also be available in J&K Police website www.jkpolice.gov.in.
(Sd.) L. MOHANTI, IPS,
Additional Director General of Polce, Armed, J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Thu., the 31st March, 2016/19th Phal., 1937. [No. 49-j
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 31st March, 2016.
SRO-105.––In exercise of the powers conferred by section 15 read
with 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, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
of mineral concessions in respect of minor minerals and storage,
transportation of minerals and prevention of illegal mining in the State.
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 from the date of publication in the Government Gazette.
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 authority designated as such
under rule 85 of these rules ;
(iii) "Assessee" means a person holding Mining lease, Quarry licence, a Short Term Permit or a Disposal Permit and includes any other person who has excavated or removed or used, or is excavating or removing or processing or using, minor mineral/ minerals ;
(iv) "Assessing Authority" means Assessing Authority designated
by Government as such ;
(v) "Assessment Year" means the period of twelve months
commencing from the first day of April every year ;
(vi) "Authorized Officer" means an officer authorized by the Government to exercise such powers and to perform such
functions as prescribed under these rules ;
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(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 or mineral used as building
or construction material ;
(ix) "Boundary Pillar" means concrete pillar of size 100x50x50
centimeter painted yellow and marked with lease/contract
number and pillar number along with coordinates;
(x) "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 ;
(xi) "Competent Authority" means the authority competent to grant
of mining lease under rule 42 of these rules ;
(xii) "Competitive bid" means an amount offered by the participant
in the open auction under these rules ;
(xiii) "Concessionaire" means a person holding a Mining Lease,
Mining Licence, Quarry License, Short Term Permit and
Disposable Permit granted under these rules ;
(xiv) "Department" means the Department of Geology and Mining,
Government of Jammu and Kashmir ;
(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 ;
4 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(xvii) "District Mineral Foundation" means a nonprofit 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 holding a Mining Lease or Mining Licence under
these rules notwithstanding such lessee/licensee operating the
area fully or partly ;
(xix) "Disposal Permit" means a permit granted for removal of
minor minerals from the agricultural or horticulture land or
State land or Kahcharai or Shamilat land or Forest land where
minor minerals have been deposited due to weathering.
However, the Kahcharai and Shamilat lands shall be governed
by J&K 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 or 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 ;
(xxiii) "Excavation" means extraction or digging and or collection/
removal of minor minerals from any land, river, nallah, canal
or hillock;
(xxiv) "Family" means the applicant, his father and mother whether
living jointly or separately, his wife, sons and unmarried
daughters ;
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(xxv) "Form" means 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 the Government ;
(xxviii) "Financial assurance" means the sureties furnished by the
Concessionaire 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) "Guarantee Amount" means non-refundable amount payable
for grant of concession in addition to other dues payable under
these rules through open auction ;
(xxxi) "Illegal Mining" means and refers to the manner of undertaking
mining which is inconsistent with mining plan or scheme of
mining, clearances given and permissions granted under the
Act and rules ;
(xxxii) "Lessee" means a person holding a valid Mining Lease under
these rules ;
(xxxiii) "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 licence ;
(xxxiv) "Licensing authority" means the Director or officer Incharge
as defined in clause (xLvii) ;
6 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(xxxv) "Mineral dealer licence" 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 ;
(xxxvi) "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 ;
(xxxvii) "Minor Mineral Plot" means an area not less than 01 hectares
and not 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 ;
(xxxviii) "Mineral Concession" means a Mining Lease, Mining Licence,
Quarry License, Short Term Permit and Disposable Permit in
respect of minor mineral permitting the mining of minor mineral
in accordance with these rules ;
(xxxix) "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 ;
(xL) "Mining Lease" means a lease granted under these rules to
undertake excavation and to carry away any minor mineral
specified therein ;
(xLi) "Mining Operations" means any operation undertaken for the
purpose of mining any minor mineral ;
(xLii) "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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
plans duly approved under these rules and without which mining
activity cannot be undertaken ;
(xLiii) "Mineral Products" means minerals/minor minerals in any raw
or processed form ;
(xLiv) "Mineral Transit Pass" means a document issued by the
Director, Geology and Mining to the Officer-in-charge of the
concerned District to the Lessee/licensee/permit holder/
contractor for lawful dispatch and transportation of mineral(s)
raised for which Director, Geology & Mining shall maintain
logbook/challan issuance book which shall be audited
annually ;
(xLv) "Mineral Transport Permit" means a permit issued by the
Director or an Officer authorized by him to the carrier or
machine owner to use such carrier or machine for lawful mining
and transportation of minerals raised in accordance with the
provisions of the Act ;
(xLvi) "Minor Mineral" means minor mineral as defined in
section 3(e) of the Act ;
(xLvii) "Officer-in-Charge" means an officer of the Department from
disciplines of Mining/Geology possessing the qualification of a
Degree or Diploma in Mining or M.Sc Geology and designated
as Incharge of a particular district by the Government ;
(xLviii) "Open Auction/e-auction" Open auction or e-auction
means bidding by the competitors online or through physical
presence before the auction committee for grant of mineral
concessions ;
((xLix)) "Processing" means all physical processes such as pulverizing
and/or grinding and /or powdering or washing of minerals in
such a way that no chemical change takes place by that process 8 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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 or 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 there
under ;
(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 ;
(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
or 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-1 ;
(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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
these rules ;
(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 ;
(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) "Stock-yard' 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) "Un-authorized mining" means any mining operation
undertaken without any valid mineral concession granted under
the Act and Rules made thereunder ;
(Lxvi) "State Mineral Foundation" There shall be a State Mineral
Foundation which will have District Mineral Foundation in every 10 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
district as per the guidelines issued by the Ministry of Mines,
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.
3. General Restrictions.––(1) No person shall undertake any mining
operation or activity in respect of any minor mineral 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 no objection certificate issued by the following within the stipulated
period :––
(i) Deputy Commissioner concerned ;
(ii) Conservator of Forests concerned ;
(iii) Executive Engineer (I&FC) Department or Executive Engineer
(PHE) Department as the case may be ;
(iv) Dy. Director, Fisheries concerned ; and
(v) Jammu and Kashmir State Pollution Control Board :
Provided that no minor mineral concession shall be granted on
any land which is under agriculture or horticulture production
or which is kacharai land, shamalat land, forest land, protected
areas and eco-sensitive zones whether wholly or partly.
(2) The mode and nature of grant of minor mineral concession in
different areas i. e. Lease, Licence, Short Term Permit from time to time
shall be as provided under these rules.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
4. Other restrictions.––(1) No minor mineral concession shall be
granted in respect of any land within a distance of :––
(i) 50 meters from the outer periphery of the defined limits of a
national highway, Railway line, State 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) 100 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) 50 meters from any other public road ; and
(iv) 20 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
Jammu and Kashmir Water Resources (Regulation and
Management) Act, 2010.
(2) No minor mineral concession shall be granted in respect of such
minor mineral or in such area, as the Government may notify, from time to
time.
(3) No mining activity/operation shall be carried out in any river bed
below the depth of 3 meters or below the water level, whichever is lesser.
The water level or the depth of river bed shall be determined by the Chief
Engineer, Irrigation & Flood Control Department or by an officer authorized
by the Government for this purpose.
(4) No minor mineral concession shall be granted for a period more
than 5 years in case of Bajri and Sand.
12 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
CHAPTER-II
Grant of Minor Mineral Concession
5. Grant of Minor Mineral Concession for scientific and
systematic mining.––The grant of minor mineral concessions under this
Chapter shall be initiated by Director or Officer in-charge 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 a pre-requisite to the grant of minor mineral
concession.––(1) No person shall be granted any minor mineral concession
in any area under these rules unless a mining plan is submitted and approved
by the Government :
Provided that no such plan shall be required for short term permit or
disposal permit as defined in these rules.
(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.
(3) Every minor mineral concessionaire 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 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 ;
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(iv) quantity of diesel/energy fuel consumption ;
(v) number of trees uprooted due to proposed mining operations ;
(4) The mining plan shall also incorporate the following details :––
(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 ;
(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 overburden,
location of weigh bridges, and mineral processing if any while
undertaking semi-mechanized open caste mining ;
(viii) progressive and final mine closure plan ;
14 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (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
Government at time of approval to be executed by the lessee/
Concessionaire on monthly, quarterly or yearly basis.
(5) 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) Every mining plan or scheme of mining submitted for approval
under these rules shall be accompanied with a non-refundable fee of
Rs. 1000/- for each hectare or part thereof in respect of the mining area
covered under the mining plan.
(7) Every mining plan shall contain all plans and sections serially
numbered or suitably indexed. The tracings or copies of such plans and
sections duly certified for its correctness by the owner, agent, Mining
Engineer or Manager or Geologist appointed by the concessionaire, shall
be kept at the site office of the minor mineral mine /concession area.
(8) In addition to the requirements stipulated under sub-rules (3) and
(4) 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 ;
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (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 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) plan for phased restoration, reclamation and rehabilitation of
land affected by mining operations.
(9) The mining plan shall be approved in consultation with the Fisheries,
Forest, Irrigation and Flood Control Departments ;
(10) The mining plan once approved shall be valid for the mineral
concession period unless revised or modified by the Government 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 authorized officer for
its approval by the Government.
16 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 8. Modification of Mining Plan.––(1) Where any modification of
the approved mining plan is required during the subsistence of the minor
mineral concession, the concessionaire 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 Objection Certificate of
the concerned Executive Engineer, Irrigation and/or Flood Control
Department shall be obtained before any modification is made in the original
mining plan by the officer authorized in this behalf.
(2) The authorized officer may wherever needed require the minor
mineral concessionaire 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 in view of :––
(i) the experience of operations of mines ;
(ii) the change in technological development ;
(iii) of any change in legal provisions or orders of any court.
(3) A minor mineral concessionaire 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 authorized officer in this behalf setting forth
the intended modifications and also explaining the reasons for the same.
9. Financial assurance.––The minor mineral concessionaire 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 rupees one lac in the form and
manner as may be prescribed.
10. Preparation of mining plan.––(1) A mining plan shall be
prepared by a Recognized Qualified Person (RQP) registered under No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— these rules or recognized under rule 22 B of the Mineral Concession
Rules, 1960 (Central Rules).
(2) The Director shall specify all such persons who are so registered/
recognized by him under sub-rule (1) above and keep a list of such persons
updated.
11. Registration of Recognized Qualified Person (RQP).––(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 post graduate degree in
Geology granted by a University established or incorporated
by or under an Act of the Parliament or Act of State Legislature
or 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 year 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.
(2) Any person possessing the qualification and experience as
prescribed under sub rule (1) may apply to the Director, for registration as
a Recognized Qualifying Person along with a fee of Rs. 10,000/- (Rs. ten
thousand only).
(3) The Director may, after making such enquiry as deemed
appropriate, grant or refuse registration and where registration is refused, 18 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
the Director shall record the reasons therefore in writing and
communicate the same to the applicant.
(4) The registration granted under sub-rule (2) shall be valid for a
period of 10 years.
(5) The registration can be renewed on filing of application and deposit
of such fee as may be prescribed, from time to time, for a further period of
10 years.
12. Approval of Mining Plan/Scheme of Mining.––(1) 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 and after consisting the Forest, Fisheries and Irrigation & Flood Control
Departments.
(2) The officer authorized by the Government for purposes of
approving the mining plan/scheme under sub-rule (1) shall possess the
qualifications as prescribed under clause (XLVII) of rule 2 of these rules.
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 concessionaire 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 & Forests(MoEF) GOI from time to time.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
14. Cluster of Small Quarries.––The Director shall club individual
quarries falling in areas ancestrally occupied and certified by the revenue
authority in this regard, with area less than 05 hectares and declare them as
cluster of quarries provided that :––
(i) the sum total of such quarries in a cluster shall not be more
than 20 ; and
(ii) the area of such cluster quarries shall not exceed 50 hectares.
(2) If the number of quarries or sum total of the area exceeds
20 quarries and/or 50 hectares, the powers in this regard shall be exercisable
by the Government.
15. Environment Management Plan for Cluster of Quarries.––
(1) For a cluster, Environmental Management Plan shall be collectively
prepared by the minor mineral concessionaire of the cluster through a
recognized qualified person and submitted to the District Environment
Committee for final approval by the Government or the authorized Officer
of the Government in this behalf separately.
(2) Environment Clearance is to be sought from the Ministry of
Environment, Forest and Climate Change (MoEFCC), 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 and such other amendments as
may be notified from time to time.
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.
20 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 17. Removal and utilization of top soil.––(1) Where top soil exists
and is to be excavated for mining operations for minor mineral, it should be
removed and stored separately.
(2) 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.
(3) Where top soil cannot be used concurrently, it shall be stored
separately for future use, keeping in view that the bacterial organism should
not die and should be spread in a nearby area.
18. Storage of overburden, waste rock etc.––(1) 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.
(2) Such dumps shall be properly secured to prevent the escape of
material in harmful quantities which may cause degradation of the
surrounding land or silting of water courses.
(3) Wherever possible, such waste rock or overburden or other rejects,
shall be backfilled into the worked out minor mineral area, where 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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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 an 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. Precautions 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. Precautions 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
permissible limit as per the Noise Pollution (Regulation and Control) Rules,
2000, with amendments made from time to time.
24. Permissible limits and standards.—The standards and
permissible limits of all pollutants, toxins and noise referred to in rule 18,21,
22 and 23 shall be as prescribed 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 :––
(i) carry out mining operations in such a manner so as to cause
least damage to the flora of the area held under mineral
concession ;
22 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ii) take immediate measures for planting in the same area or any
other area selected by concerned authority or Regional Office of Ministry of Environment and Forest or the authorized officer not less than twice the number of trees destroyed by reason of any mining operation ;
(iii) 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 ; and
(iv) restore, to the extent possible, other flora destroyed by mining
operation.
CHAPTER-IV
Grant of Mining Lease
26. Restrictions on grant and renewal of Mining Lease.––(1) No mining lease shall be granted by the competent authority unless the such authority is satisfied that there is evidence to show that the area for which the lease is applied for has occurrences of minor mineral.
(2) No lease shall be granted or renewed by the competent authority unless there is a mining plan duly approved under these rules and environmental clearance has been obtained by the applicant irrespective of the size of the mining area.
27. Procedure for grant of Mining lease.––Any minor mineral deposits may be granted for a 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 minerals are deposited in the State land, the lease shall be granted after following an open auction process as provided
under Chapter-VI of these rules excluding––
(i) the quarry areas ancestrally occupied and certified by the
revenue authorities in this regard ; and
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(ii) areas earmarked for operation by such public sector
undertaking as the Government may direct :
Provided further that Director shall constitute one or more
Committees for identification of minor mineral blocks having
an area not less than 05 hectares but not 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.––(1) Every application for grant of mining lease shall be made
to the authorized officer in Form ML1.
(2) Every application for renewal of mining lease shall be made to
the authorized officer at least 12 months before the date of expiry of such
lease in Form ML2.
(3) Every application made under sub rules (1) and (2) above shall
be accompanied by :––
(i) a non refundable fees of Rs. 50,000/- ;
(ii) 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 and incorporated with title verification of the land ;
(iii) a copy of No Due Certificate from officer authorized by the
Government in this behalf :
Provided 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 that No Due Certificate shall not be required
where a person has furnished an affidavit certified by a Civil 24 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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.
(iv) an affidavit giving particulars of mineral-wise areas
already held under mining lease/prospecting licence/quarry
licence,––
(a) by the applicant; or
(b) with any person having joint interest ; or
(c) already granted but not yet executed/registered ; or
(d) already applied but not yet granted.
(v) Income Tax Clearance Certificate/Income tax return of the
previous year ;
(vi) Copy of ADHAR Card and PAN Card.
29. Acknowledgement of application.––Every application under
rule 28 shall be acknowledged in Form ML3 on the date of its receipt.
30. Disposal of applications for grant and renewal of the mining
lease.––(1) An application for grant of mining lease shall be disposed
of by the competent authority within a period of 12 months from the
date of its receipt.
(2) An application for renewal of mining lease made within the
stipulated period shall be disposed of before the expiry of lease by the
competent authority.
31. Renewal or Refusal of application of mining lease.––The
competent authority may refuse to grant or renew any mining lease subject
to reasons to be recorded and communicated to the applicant in writing.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 32. Register of Mining Lease applications and mining leases.––(1)
A register of mining lease applications shall be maintained in the office of
the Director in Form ML4.
(2) A register of mining leases shall be maintained in the office of
the Director 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 :
Provided further that no concessionaire shall acquire one or more
minor concessions covering total area of more than five hundred hectares
in the State.
34. Period for which Mining Lease for minor minerals may be
granted or renewed.––(1) The maximum period for which a mining lease
may be granted shall not exceed 15 years depending upon the nature of
deposit.
(2) The minimum period for which any such mining lease may be
granted shall not be less than five years.
(3) The period of mining lease in respect of river born deposits shall
not exceed 05 years.
(4) A mining lease may be renewed for a period not exceeding 10
years.
(5) No renewal of mining lease shall be done after a total period of
25 years of such mining lease.
35. Renewal of Mining Lease of minor mineral.––(1) The
competent authority may, while granting renewal of a mining lease impose 26 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— conditions relating to mechanized development of mines and
establishment of mineral based industry.
(2) No application for renewal of mining lease shall be accepted
after the expiry of lease.
36. Security deposits.––The lessee shall be required to deposit a
sum of Rs.1,00,000/- per hectare 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.––(1) Except with the prior approval
in writing of the competent authority, the lessee shall not :––
(i) assign, sublet, mortgage or in any other manner transfer the
mining lease or any right, title or interest therein ; or
(ii) 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.
(2) Any application for transfer of mining lease shall be submitted
to the competent authority along with a processing fee of Rs. 50,000/-. The
said application shall be considered by the competent authority subject to
the conditions that :––
(i) the lease has remained in force for at least two years from
the date of its grant ; and
(ii) no dues are outstanding against the transferor or transferee.
(3) An application for transfer of mining lease shall be disposed of
by the Government.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 27 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (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.
(5) Where, on an application for transfer of mining lease under these rules, the competent authority has given consent for transfer of such lease, transfer deed in Form ML6 shall be executed within three months from the date of consent after which the consent given shall be deemed to have been withdrawn.
38. Conditions of lease.––(1) Every mining lease shall be subject
to the following conditions :––
(i) 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 specified in Schedule-I in respect of that minor mineral and in the manner as ordered by the competent authority ;
(ii) 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 specified in the Schedule-I in respect of that mineral in the manner as ordered by the competent authority;
(iii) the lessee shall pay surface rent for surface area used by him for the purpose of mining to the Revenue Department where such land is State land ;
(iv) the lessee shall pay yearly dead rent, as per rates specified in
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;
28 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(v) the lessee shall pay all dues in the office of authorized officer
in such manner as may be mentioned in the lease agreement ;
(vi) 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 ;
(vii) 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 ;
(viii) 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; and
(ix) 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.
(2) The lessee shall as per Environment Management Plan :––
(i) take immediate measures for plantation, in the same area or
any other area selected by the Director or an officer authorized
by him, of trees not less than twice the number of trees
destroyed by reasons of any mining operation and shall look
after them during the subsistence of the lease, after which
these trees shall be the property of the Government ;
(ii) restore to the extent possible the mined out areas and other
flora destroyed by the mining operations ; and
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 29 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (iii) properly stack the top soil recovered during surface operations
and use the same for plantation or as backfill.
(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 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.
(4) The lessee shall furnish monthly returns in the Form ML8 to
Director/Designated Authority 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.
(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.
(6) The lessee shall abide by all laws and rules for the time being in
force in the State 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.
(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,
(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 issued by him from time to
time regarding the conservation and development of minerals and the matter
related thereto.
30 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (9) The lessee shall make good 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, the Department against such damages, injury or disturbances and expenses in connection therewith.
(10) The lessee shall forthwith report to the Department about any
accident which may occur at or in the said premises.
(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 dispose of such mineral unless he is permitted to do so by grant of lease or otherwise.
(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.
(13) If the lessee intimates his intention not to work the newly discovered mineral 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. Any objection in this regard will be disposed of after due consideration by the Government.
(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 :––
(i) the extent of surrendered area shall not be less than the
minimum prescribed size of the plot fixed for the minor mineral No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 31 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— for that area and shall be rectangular and contiguous in shape
and length being not more than 4 time the width ;
(ii) there shall be no dues outstanding against the lessee ;
(iii) the lessee applies for such surrender at least 03 months before
the intended date of surrender ;
(iv) 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.
(15) The lease shall be liable to be cancelled by the competent
authority if the lessee ceases to work the mine for a continuous period of
six months.
(16) In case of any breach on the part of the lessee of any covenant
or condition contained in the lease the Government may determine the
lease on the recommendation of the Director who shall take possession of
the said premises and forefeit 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 lease has
failed to remedy the breach after serving of 50 days notice.
(17) 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.
(18) The minor mineral, machinery or any structures left on expiry
of lease or on determination of lease or on surrender of lease as the case
may be 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 32 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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, 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.
(19) 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.
(20) 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.
(21) 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 inhibited 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 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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 33 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
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.
(22) 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.
(23) 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.
(24 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.
(25) The Director may with the prior approval of the Government
impose such special condition as deemed necessary, in the interest of mineral
development/protection.
39. Lapsing of leases.––(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.
(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 34 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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.
(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 extension of the
period of lease.
(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. Execution of Lease.––(1) Where the lease has been granted
or renewed under these rules, the lessee shall pay demarcation fee, deposit
the security alongwith 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.
(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 lease.
(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 the Director.
(4) Where the grantee fails to comply with the provisions of
sub-rules (1), (2) & (3) above, the order granting the lease shall be deemed
to have been revoked and amount of security and dead rent deposited by
him shall stand 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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 35 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— therein, the competent authority may allow further time not exceeding 30
days it is 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. The competent authority may permit the execution/
registration/submission and return of the lease deed within a reasonable
time after expiry of aforesaid period subject to payment of penalty @ 10%
of annual dead rent for every month of delay or part thereof.
(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 competent authority feels it necessary to
demarcate the area before issuing an order of grant for mining lease, it may
ask the applicant to deposit the demarcation charges as may be determined
within time specified by him and get the area demarcated :
Provided further that if the applicant fails to deposit demarcation
charges within the period specified in this regard by the competent authority,
the order for grant of lease shall stand cancelled.
41. Currency of lease.––The currency of lease shall begin from
the date on which duly executed deed is registered. 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. Authority to grant Mining Lease.––The authority to grant
mining lease shall be :––
(a) Director for an area upto 25 hectares ; and
(b) Government for an area exceeding 25 hectares.
CHAPTER–V
Grant of Quarry Licence
43. Restriction on grant of Quarry Licence.––No quarry
licence shall be granted or renewed unless a duly approved mining plan 36 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— or scheme of mining is submitted to the competent authority and
approved by it :
Provided that the Environmental Management Plan shall be mandatory
irrespective of the size of the areas/plots.
44. Procedure for grant of Quarry License.––Any minor mineral
deposits which in the opinion of the Director are to be operated under a
Quarry Licence, he may grant such license for a minimum period of three
years which may extend upto five years. The lease/quarry license shall not
be renewed after expiry of five years and the area shall be put to auction
after expiry of the period of lease/license :
Provided that where minerals are deposited in the State land, the
lease shall be granted after following an open auction process as provided
under Chapter-VI of these rules excluding :––
(i) the quarry areas ancestrally occupied and certified by the
revenue authorities in this regard ; and
(ii) areas earmarked for operation by such public sector
undertaking as the Government may direct :
Provided further that the Director shall constitute one or more
Committee for identification of Minor Mineral plots having a
minimum area of 1 hectare and not exceeding 05 hectares
which shall be put to open auction after approval from the
Competent Authority.
45. Period and area of quarry license.––(1) No quarry license shall
be granted for a period exceeding 5 years and shall not be renewed.
(2) No quarry license shall be granted for an area exceeding
05 hectares.
46. Application for grant/renewal of quarry license.––(1) Every
application for the grant/renewal of quarry license shall be submitted in No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 37 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— Form QL1 to the Officer Incharge and shall be accompanied by a non
refundable fee of Rs. 5,000/-.
(2) Every such application made under sub rule (1) shall be
accompanied by :––
(i) site plan of the applied area along with coordinates ;
(ii) revenue extracts of the applied area along with last Jamabandi
position ;
(iii) No Demand Certificate of the Department ;
(iv) the consent of owner or occupier of the applied area ; and
(v) copy of PAN Card/Adhaar Card.
47. Disposal of applications for grant/renewal of quarry
license.–– (1) Every application for grant of quarry licensee shall be disposed
off within a period of 6 months.
(2) The application for renewal of quarry licensee shall be disposed
off within a period of 3 months provided that application is made three
months prior to the date of expiry of the licence which is sought to be
renewed.
48. Grant and renewal of Quarry License.- (1) 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 in this behalf :
Provided that grant of quarry license for extraction of river bed material
shall be regulated as per the related provisions of the Jammu and Kashmir
Water Resources (Regulation and Management) Act, 2010 and Jammu
and Kashmir Water Resources (Regulation and Management) Rules, 2011.
(2) 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 38 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Government only after seeking specific NOC from the concerned
Executive Engineer of the Irrigation and/or Flood Control Department in
terms of the 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, whether partly or wholly, unless
prior sanction is obtained from the competent authority as per Jammu and
Kashmir Forest Conservation Act, 1997 and the Jammu and Kashmir
Wildlife Protection Act, 1978 containing details of volume of minerals i.e
quantity to be extracted or removed and validity of time period.
49. Security deposits.––The licensee shall be required to deposit
a sum of Rs. 50,000/- per hectare or part thereof as security in the shape of
a fixed deposit or in any other form or manner as may be prescribed by the
Director for the due observance of the terms and conditions of license.
50. Conditions of Quarry licence.––(1) The licensee shall pay
advance royalty to the Department on monthly basis on the quantity of the
minor mineral intended to be dispatched from the quarry at the rates specified
in the Schedule-I after making such payment by the licencee, the officer
authorized in this behalf shall within his jurisdiction issue the authorization
for lifting/removal of the said quantity in Form QL3.
(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.
(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.
(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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 39 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (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.
(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.
(7) The licensee shall without any delay report to the Department
any accident which may occur at or in the said premises and also the
discovery in or around the license area of any mineral not specified in the
license.
(8) The license may be cancelled by the 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.
(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.
(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.
(11) The licensee shall not obstruct approach to the adjoining
licensees. In case of any dispute about the approach road, directions of
Director or officer Incharge shall be final and binding.
(12) The licensee shall have to make the transportation of mineral
removed from the plot/area under a proper challan in Form A.
40 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
51. Cancellation of licence.––If 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 give a 15 days notice to the licensee to
remedy the breach or to comply with the directions. In case the licencee
fails to remedy the breach or to comply with the directions within such
period, the Director or an officer authorized in this behalf may impose a
penalty not exceeding Rs. 25,000/- or may cancel the license with forfeiture
of security deposits and license fee for the remaining period of the license.
CHAPTER–VI
Grant of Mining Lease/Quarry Licence by Auction
52. Grant of Mining lease/Quarry licence.––Mining leases and
Quarry Licences shall be granted only through a process of open auction
by the authority competent to grant lease/licence.
53. Auction Committee.––In each district grant of Mineral
Concessions shall be conducted through auction by a Committee consisting
of following Officers :––
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 an (Member)
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 (Member)
the rank of Deputy Director/Mining
Engineer.
6. Officer Incharge of the Department (Member Secretary)
of the concerned District No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 41 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
54. Determination of Reserve Price.––(1) The Director shall fix
the reserve price in each mining lease or quarry licence with the approval
of the Government.
(2) The reserve price may be fixed keeping in view the
following :––
(i) actual physical quantities of mineral produced and dispatched
from the area concerned during last three years ;
(ii) last three years collection of royalty from such deposits in
open market in the State and the other States ;
(iii) expected increase in revenue in the proposed contract
period due to increased consumption of mineral in coming
times ; and
(iv) potential of mineral reserves, feasibility, haulage facilities and
other relevant matters about the area.
55. Terms and Conditions for grant of Mineral Concession
through auction.––(1) The auction of mineral concession area shall be
conducted at the District headquarter of the concerned district by the
Chairman of the auction committee in presence of its members.
(2) The terms and conditions and description of the Mineral
Concession area shall be read out to the intending bidders at the time of
auction.
(3) The participants in the auction shall at the time of auction submit
the following amount/documents to the auction committee :––
(a) 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 ;
(b) an affidavit stating that no dues of the Department are
outstanding against the bidder or partners of the firm/Directors 42 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— of the Company or their family members, as the case may
be ;
(c) power of attorney or resolution passed by the Board of
Directors in case intending bidder is a Partnership Firm or
Company or Society, as the case may be ;
(d) Income Tax Clearance Certificate/Income Tax Return as
provided in Income Tax Act, 1961.
(4) No interest shall be payable by the Department on the earnest
money.
(5) Any participant not having the requisite earnest money,
affidavit regarding no dues and power of attorney shall not be allowed to
participate in the auction.
(6) 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.
(7) On completion of the bid process i. e. fall of the hammer, the
Chairman may provisionally accept or reject the highest bid offered or
received during the auction proceedings and shall send his recommendations
to the Director. The highest bidder shall have to deposit 50% of the bid
amount after completion of the auction process :
Provided that in case the auction proceedings are not conducted under
the Chairmanship of Deputy Commissioner, the recommendations as required
under clause (6) above shall be made with the approval of the Dy.
Commissioner concerned.
(8) No highest bid shall be regarded as accepted unless approved
by the Director in case the highest bid is upto Rs.150.00 lacs and by the
Government in case the highest bid is above Rs.150.00 lacs.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 43 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (9) Once a bid is provisionally accepted, Director shall issue Letter
of Intent (LoI) to the concerned bidder to complete the formalities as
required for the grant of Mining Lease or Quarry License under these rules
within a period of six months, including deposition of remaining bid amount.
The concerned bidder shall not extract or allow any extraction till such
mining lease or quarry license is granted.
(10) The bid amount offered by the successful bidder shall be
considered as guarantee amount for grant of such Mineral Concession.
(11) 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.
(12) The earnest money deposited by participants, save in the cases
where the earnest money has been ordered to be forfeited by the Chairman
on the ground of any misconduct during the auction proceedings, shall be
refunded immediately upon completion of the auction proceedings.
(13) The complete process shall be video graphed and kept in
safe custody for at least three years.
CHAPTER–VII
Grant of Short Term Permit or Disposal Permit
56. Restrictions on the grant of Short term Permit or Disposal
Permit.––(1) Short Term Permit or disposal permit shall be granted
for :––
(i) disposal of minor minerals encountered in the process of
construction of tunnels, canals, roads, bridges, buildings etc ;
44 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ii) disposal of minor minerals excavated during the process of
construction, maintenance and operation of the tunnels, canals,
roads, drainage system by Government Departments ;
(iii) Government works of emergent nature for public interest ;
(iv) extraction of brick earth by the brick kiln owners possessing
a valid license under the J&K Brick Kiln (Regulation)
Act, 2010 ;
(v) an area less than one hectares 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 may be given on an area
exceeding one hectare.
(2) The following shall be the authorities for grant of short term or
disposal permit under these rules :––
(i) Officer Incharge of the District concerned for minor minerals
upto 5000 tonnes ;
(ii) Joint Director/Dy. Director/Mining Engineer of the Department
for minor minerals above 5,000 upto 50,000 tonnes ; and
(iii) Director for minor minerals above 50,000 tonnes.
(3) Short Term Permit or Disposal Permit may be granted for a
specified period not exceeding three months at one time for a specified
quantity only.
57. Application for short term permit or disposal permit.––
(1) Application for short term permit or disposal permit shall be made to
Officer Incharge in the Form STP1 and shall be accompanied by a fee of
Rs. 2,000/- (rupees two thousand).
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 45 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(2) Every application 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 Revenue Department in case of State land or any other Officer of the Department duly authorized by the said Department.
(3) Copy of PAN Card or Adhaar Card.
58. Grant of Short term permit or disposal permit.––Short term permits or disposal permits shall be granted on first come first service basis. Such permits shall be issued in Form STP2 :
Provided that permits under this rules shall be granted only in cases where the Director is satisfied that such areas are required to be operated for short periods under special circumstances and with adequate environmental safeguards, precautions and applicable statutory clearances from the concerned agencies.
59. Refusal to grant of short term permit/disposal permits.–– The authority competent to grant permit under these rules may refuse the grant of short term permit/disposal permit on the reasons to be recorded in writing.
60. Conditions of Short term permits/disposal permits.––(1) A person in whose favour short term permit or disposal permit is granted under these rules shall :––
(i) 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 one meter ;
(ii) take all precautions for the protection of environment and
control of pollution ;
(iii) not transfer such permit ;
46 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (iv) be bound to record the extracted material at the nearest
Mineral Check Post ;
(v) surrender such permit after the quantity specified 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. ;
(vi) have to make the transportation of mineral removed from the
area under a duly authenticated challan in Form A ;
(vii) 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 ;
(viii) be responsible for any third party claim/interference and
department shall not be responsible for such claims/interference
within mineral concession area ; and
(ix) have to indemnify and always keep indemnified department
of all injuries/accidents/claims of third party within area of
mineral concession.
(2) Failure to comply with any of the above conditions shall be a
ground for withdrawal of the permit or cancellation of the same.
(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 Officer Incharge of the District concerned.
(4) Guarantee amount equal to double the amount of royalty shall
also be paid by the short term quarry permit holder in advance.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 47 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— CHAPTER VIII
Stocking and Trading of Minerals and Grant of Licence thereof
61. Restrictions for stocking and trading of minerals.––No
person other than a mineral concessionaire shall stock, sell or offer for sale
any mineral/mineral product in raw or processed form for commercial
purpose or trade without holding a license for the said purpose.
62. Application for grant and renewal of mineral dealer
license.–– (1) An application for the grant, or renewal, of a license for
storage and sale of minerals in any form outside a mineral concession area
shall be made to the Director through the officer-incharge of the District
concerned in form MD1.
(2) Every application made under sub-rule(1)shall be accompanied
by :––
(i) a demand draft or treasury challan for Rs. 1000/- (Rupees
one thousand) as application fee remitted to the credit of the
Department ;
(ii) location map showing the exact location of the stock yard or
otherwise, the survey number and other details of the area
proposed to be used as stockyard where the applicant
intends to store and conduct the sale of the minerals or its
products ; and
(iii) proof of ownership or lease agreement and possession of the
property of land proposed to be used as stockyard by the
applicant.
(3) The application duly completed shall be submitted by the applicant
in person. It shall be checked and processed or returned for completion if
found deficient along with the deficiency report. The Officer Incharge of
the District concerned may require the applicant by notice to make good
the deficiencies within thirty days from the date of issue of such notice.
48 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(4) An acknowledgment or the receipt of application for grant or
renewal of license made under sub rule(1) shall be issued in form MD2 on
the same day where application is delivered in person and its receipt shall
be acknowledged within a period of seven days where such application is
received through registered post/any other mode.
(5) The application for grant or renewal of a license shall be entered
in a register in form MD3 by the Officer Incharge of the District concerned.
(6) Application for renewal of license shall be submitted in the office
of the Officer Incharge concerned at least ninety days before the date on
which the license granted earlier is due to expire :
Provided that the licensing authority may condone the delay in
submission of an application for renewal of license for a maximum period
up to 30 days if the applicant is able to explain such delay to the satisfaction
of the licensing authority.
(7) The Officer Incharge concerned shall forward the application
to the Director after verifying the contents of the application and inspection
of the site proposed for the stockyard or otherwise along with his comments
or recommendations for grant or renewal of the license or refusal of the
same within a period of fifteen days of the receipt of application complete
in all respects.
63. Disposal of mineral dealer license applications.––(1) The
application for grant or renewal of a license shall be disposed by the licensing
authority within ninety days from the date of receipt of application complete
in all respects.
(2) In granting or refusing a license or its renewal under these rules
the licensing authority, shall take into consideration the following :––
(i) the location of the area ;
(ii) the number of license holders already operating in the vicinity
of the area ;
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 49 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(iii) availability of the mineral to be stocked and sold ;
(iv) general demand or market for the mineral; and
(v) any other matter as may be considered necessary from time
to time
(3) The Director may, after making such enquires as he may deem
necessary or appropriate issue Letter of Intent (LoI)for grant or renew of
such license or refuse to grant or renew the same :
Provided that the licensing authority shall not refuse to grant or renew
license for the whole or part of the area applied for without giving an
opportunity of representation to the applicant. He shall record the reasons
for such refusal and communicate the same to the applicant.
(4) Upon issue of the Letter of Intent (LoI) for grant/renewal
of a license the applicant shall have to deposit the license fee as per
Schedule-III of these rules within a period of 30 days and on deposit of the
prescribed fees, the licensing authority shall issue or renew the said license
in Form MD4.
(5) Non submission of the requisite details in the application or non
compliance with the directions to make good the deficiencies within the
prescribed time would be enough reason for the Licensing authority to treat
the application as non- responsive and reject the same.
(6) The Licensing authority may of its own discretion refuse to
grant or renew a license to such a person(s) who is/are convicted for any
offence, under the Act or the rules made thereunder.
64. Period of mineral dealer licence.––Licence for storage and
sale of minerals shall be valid for a period of two years :
Provided that such licence may be renewed for a further period of
three years on an application submitted by the licensee.
50 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
65. Fee for mineral dealer license.––The fee for grant or renewal
of a mineral dealer licence shall be Rs. 5,000/- for two years and Rs.
10,000/- for five years.
66. Maintenance of records of mineral dealer licenses.––The
office of Director shall maintain a district-wise register containing the details
of all licenses granted or renewed in the state in Form MD5, Similarly the
officer incharge of the district concerned shall also maintain an identical
register containing the details of all licenses granted or renewed within the
district concerned in Form MD5.
67. Conditions of mineral dealer licence.––(1) Every licensee shall
display the particulars of the license granted to him at the place of his
business in the form and manner as may be directed by the licensing authority.
(2) A licensee shall maintain :––
(i) complete record updated on a real time basis of' all purchases
and sales affected by him of each mineral containing the
particulars of the source and quantity of mineral purchased or
procured and the persons to whom sold in Form MD6 ;
(ii) a stock register in Form MD7 ; and
(iii) such other records, if any, as the licensing authority or the
officer authorized by him may specify.
(3) The records referred to in sub-rule (2) shall be open to inspection
by the licensing authority or the officer authorized by him in this behalf as
and when required.
(4) The mineral dealer shall file a return in Form MD8 by the 10th
day of the following month to the officer in charge of the district concerned
and the Director, giving details and record of all the purchases and sale of
the minerals and processed mineral effected by him during the previous
month.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 51 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(5) Every dealer, who possesses any mineral in any form as
stock-in-trade or has sold any mineral, shall, if so required, produce sufficient proof to the Director or to an officer authorized by him in this behalf, to the effect that the mineral has been purchased from a legal source or lease/licence holder. In case the dealer fails to produce sufficient proof to the satisfaction of the Director or the officer authorized by him, the Director or such authorized officer may take action against the dealer under these
rules.
(6) The Director or the officer authorized by him in this behalf'
shall have right to enter upon any premises, with or without any notice, where minerals are mined, stocked or processed, to inspect, check and verify the stocks and records :
Provided that wherever an authorized officer carries out any such inspection he shall make an entry of his visit or inspection in the register maintained by the mineral concession holder or the licensee, as the case may be, and submit a report to that effect to the Director within a period of 07 days. The Director shall cause a copy of such inspection report
to be sent to the concerned concession holder or licensee, as the case may be.
(7) Every licensee granted a license under these rules shall extend full cooperation to the Director or an officer authorized by him in this behalf' for checking of accounts and verification of stock of minerals in raw or processed form, as the case may be, and shall furnish full and correctly any or all information in his possession, as may be required for the purpose of checking under the provisions of the Act and the rules framed thereunder.
(8) The licensee shall have to make the transportation of mineral
from the stock yard under a proper challans.
68. Breaches and default by mineral dealer.––(1) A mineral dealer shall be held to be committing a default or breech of the conditions of
license in the following events, namely :––
(i) Default––
(a) failure to display the details of licence on a sign board ;
52 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) failure to file the monthly return of stocks; and
(c) failure to maintain the up-to-date registers
(ii) Breach––
(a) accepting minerals in raw or processed form from
unauthorized and unexplained sources ;
(b) storing and stocking minerals that do not tally with the entries in opening and closing balance of stock register ;
(c) permitting the sale of mineral, in raw or processed form
without issuing a valid challan;
(d) loading of mineral in a carrier without a mineral transport
permit ;
(e) operating the stockyard without a valid license ; and
(f) repeatedly found committing defaults.
(2) Where a licensee is found to be committing a default, he shall
be liable to remedy or rectify such default within a period of 15 days in the
first instance. In case of a second default, he shall be liable to rectify the
default and shall also be liable to a fine which may extend to Rs. 10,000/. A
third time default or the continuation of the first or second default inspite of
opportunities given to rectify-the same, would amount to a breach and dealt
accordingly.
(3) Where a licensee is found to be in breach of the conditions
of licence, the licensing authority may take any or all the following
actions :––
(i) suspension of the license with stoppage of receipt or purchase
or sale of any mineral in raw or processed form in or from the
stockyard. The dealer shall be holding the inventory of stocks,
duly accessed at the time of suspension of license till such No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 53 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— time the suspension order is revoked. The period of suspension,
may continue upto a period of three months or till such time
the breach is rectified, whichever is earlier ;
(ii) temporary seizure of the stocks till such time the stocks are
reconciled with the records and established to have been
accepted from legal sources ;
(iii) forfeiture of the stocks and their disposal as per provisions of
these rules and termination of the dealer license ; and
(iv) cancellation of licence with provision for a ban of 5 years to
grant any fresh license to the individual, firm or company.
(4) An officer authorized by the licensing authority shall be
competent to take action in matters where the licensee has committed
default or breach.
(5) Where the officer-in-charge of the District concerned is of the
view that license has committed breach, he shall immediately report the
matter to the Director along with such supporting material as may be required.
(6) The Director, either on his own motion or on the report of a
subordinate officer or on the complaint of any person, shall be competent to
take action in the breach cases, in cases where the Director is satisfied that
immediate interim action is required to stop any eventuality of the continuity
of any breach, he may pass such interim orders as considered appropriate.
A show cause notice would be issued to the licensee in order to enable him
to present his defense and an opportunity of personal hearing granted, if so
requested, before passing a final order.
(7) Whenever any person is found storing any mineral or its products
in contravention of the provisions of these rules, the authority under these
rules may seize the mineral or its products together with any carrier used in
committing such offence and shall be liable for punishment under these
rules.
54 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (8) Any authority seizing illegally extracted, transported or stored
mineral or its products, tools, equipments and carrier under these rules shall
give a receipt of the same to the person from whose possession such things
are so seized and shall have the authority to prefer complaints in courts
having jurisdiction to try such offence.
(9) All properties seized under these rules shall be liable to be
confiscated by an order of the court trying the offence, if the amount of
fine and other sum imposed are not paid within a period of one month from
the date such order is issued.
CHAPTER––IX
Establishment of mineral check posts, storage and
transportation of minerals
69. Establishment of check posts and barriers.––(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, by an order in writing.
(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 in charge of the vehicle shall furnish the prescribed
form and other particulars as demanded by the officer.
70. Inspection of minerals in transit and its weighment.––
(1) Every owner or person in-charge 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.
(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 in-charge check post/barrier.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 55 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (3) The in-charge 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.
(4) If the in-charge 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 in-charge of the carrier to pay an amount equal to 10 times the
amount of royalty payable on the mineral in accordance with Schedule-I.
(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 in-charge of the check
post alongwith cost of the mineral on spot.
(6) The in-charge 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 in-charge of the carrier refuses to make
payment as required :––
(i) the in-charge 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 ; and
(ii) the in-charge 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 in-charge of the carrier refuses to
carry the carrier to the nearest police station or check post/ 56 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— barrier of the Department, in-charge of the police station or check post or
the barrier may seize the carrier and take the same in
possession.
(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 in-charge 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 in-charge of the carrier to exercise such
option the confiscated material may be disposed off by the confiscating
officer/official or any other officer authorized in this behalf by public auction
or direct sale at the rate prevalent in the market :
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 in-charge of the carrier to carry the mineral after
paying the cost of the mineral.
71. Restrictions on transportation of minerals.––(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
Officer :
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.
(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-in-charge of the district concerned. The
challan book before being put to use shall be got authenticated by the officer No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 57 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— in-charge 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.
(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.
(4) The officer-in-charge 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.
(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 filled- up 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.
(6) Subject to the availability of infrastructure in the district offices,
all above information shall be computerized and put up on the web-site on
weekly basis failing which disciplinary action shall be initiated against the
in-charge officer.
72. 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, such carrier/machine shall be liable to be dealt as under :––
(i) 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 58 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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/- ;
(ii) 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/- ;
(iii) Wherever a carrier is found to be indulging in such violation
for the third time or more, the in-charge officer shall proceed
as per the section 21 of the Act.
CHAPTER–X
Mines and Minerals Development Restoration and
Rehabilitation Fund
73. 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 :––
(i) funding of the restoration or rehabilitation works in the sites
affected by mining operations ;
(ii) provision of common facilities for the benefit of community in
and around areas where mining activities are undertaken ;
(iii) development of infrastructure facilities for orderly growth of
the mining operations and allied activities ;
(iv) funding of the studies commissioned or activities related to
the mining sector e.g survey, exploration and prospecting of No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 59 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— minerals, procurement of equipment and machinery required
to support such activities ;
(v) 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 ;
(vi) funding of expenditure incurred on implementation of any
scheme of incentives that the 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 ;
(vii) any other objectives which the Government may consider
expedient to support in the overall interest of the mining sector.
74. Contribution to Mines and Minerals Development Fund.––
(1) An amount equal to ten percent of the dead rent or royalty 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, as the case may be.
(2) The said contribution shall be remitted by the mineral concession
holder in installments along with the installments of dead rent or royalty as
the case may be in addition to the dead rent/royalty, such amount shall be
reconciled at the closure of financial year and any differential amount due
shall be adjusted or paid on reconciliation:
(3) The Government shall also set apart and contribute five percent
of the amount received by it on account of the dead rent or royalty 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.
(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.
60 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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.
75. Utilization of Mines and Minerals Development Fund.––
(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.
(2) The expenditure on restoration and rehabilitation of the mining
sites shall remain the first charge on the fund.
(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. 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.
Explanation :––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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 61 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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, the financial burden of restoration and rehabilitation measures shall not be borne by the last concession holder alone.
(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, I&FC Departments before approval.
(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 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.
(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.
76. Constitution of Committee for approval to expenditure.––
(1) Any or all proposals for expenditure from the fund shall be approved by
a committee of officers constituted by the Government.
(2) The mode and method of collection, remittance, and utilization
of other charges shall be notified separately by the Government.
62 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— CHAPTER XI
Assessment of Royalty
77. Assessment of royalty.––(1) Assessment and determination of
royalty due from an assessee for an assessment year or as required shall
be made by such assessing authority as may be designated by the
Government from time to time 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.
(2) For the purpose of assessment of royalty as mentioned in sub-
rule (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.
(3) For the purpose of sub-rule (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 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.
(4) On the day specified in the notice given under sub-rule (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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 63 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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.
78. 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 Jammu and Kashmir Land Revenue Act and rules
made thereunder :
Provided, that no such royalty assessment shall be made on best
judgment basis without obtaining prior approval of the next higher authority.
79. Assessment of royalty incorrectly assessed.––(1) 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
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.
(2) 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 64 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— direction contained in an order in appeal or revision or in an order of
any competent court.
CHAPTER XII
Illegal or Unauthorized Mining
80. 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 un-authorized mining and shall be dealt in accordance
with the provisions contained in this Chapter.
81. Penalties.––(1) Any act of illegal or un-authorized mining shall
be liable to the following :––
(i) 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.
(ii) 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 ;
(iii) 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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 65 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— other things used for such un-authorized operation to the
police. Any such offence shall entail––
(a) confiscation of all such tools, equipments, vehicles or
any other things used for such un-authorized operation
for a minimum period of thirty days or more ; and
(b) pecuniary penalty and punishment for the offence as
provided under section 21, section 23A & section 23B
of the Act.
82. Offences by Companies.––(1) 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
in-charge 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.
(2) 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.
83. 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.
66 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— CHAPTER XIII
Delegation of Powers, Appeal and Revision
84. Delegation of powers.––(1) The Government may, by
notification in the Government Gazette 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.
(2) Notwithstanding anything contained contrary in these rules, the
following powers are delegated to the officers mentioned herein below :––
(i) Officer inccharge District Mineral Officer shall exercise
powers within his jurisdiction under sub-sections (4) and (5)
of section 21 of the Act ; and
(ii) Assistant Mining Engineer/Mineral Officer/Geologist
Grade-11&1/Mining Engineer/Dy. Director/Joint Director shall
exercise powers within the areas of their jurisdiction under
sections 22, 23A and 23B of the Act in addition to powers
under sub-section (4) and (5) of section 21 of the Act.
85. Appeal.––(1) Any person aggrieved by an order passed by any
officer in-charge sub-ordinate to Director shall have the right of appeal to
the Director.
(2) 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.
(3) The order passed by the Government in appeal shall be final.
86. Form of Appeal and Fees.––(1) An appeal under rule 85 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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 67 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (2) The memorandum of appeal shall be accompanied with a fee Rs. 2,000/- deposited in the Government treasury under the relevant account head.
87. Limitation.––An appeal under rule 85 shall be filed within three
months of the date of communication of the order appealed against :
Provided that nothing shall prevent the appellate authority to entertain appeal after a period of three months except if such authority is satisfied that the appellant was prevented by a sufficient cause for filing the appeal within the stipulated period.
88. Procedure of Appeal.––(1) Upon receipt of memorandum of appeal satisfying requirement of rules 85 and 86, 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 considering any comments that might be offered by the Officer whose order is under appeal.
89. Revision.––(1) 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 three 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 three 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.
68 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (2) 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 XIV
Miscellaneous
90. 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.
91. 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 for
prospecting or mining operations by issuance of a notice, in at least three
daily newspapers 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 :
Provided that where an area is required for exploitation of minor
minerals by centre or state government agencies for developmental projects
of national importance such as authorities of National Highways on
requisition being received from such agencies the Director may reserve an
area for such purpose which shall not exceed five hectares.
92. Status of the grant on the death of applicant for Mineral
Concession.––(1) 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.
(2) 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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 69 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 93. 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.
94. System of working and river bed mining.––(1) System of
working in minor minerals shall be performed as per the Mines Act, 1952
(35 of 1952) and Metalliferous Mines Regulations, 1961.
(2) In case of river bed mining :––
(i) 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 ;
(ii) the depth of mining shall be restricted to three mts. or water
level, whichever is lesser.
(iii) 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 the structural
parameters, locational aspects, flow rate etc and no mining
shall be carried in the safety zone so worked out.
95. 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
after one month from the date it becomes due.
96. 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.
70 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 97. Power to summon.––(1) 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.
(2) 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.
98. Service of Notice.––(1) 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.
(2) 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.
99. Revision of Royalty, Dead Rent and fee etc.––The
Government may, by notification in the Government Gazette, amend No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 71 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— Schedules appended to these rules 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 in respect
of any minor mineral and fee payable under these rules shall not be enhanced
more than once in three years.
100. Role of Police.––The authority empowered to take action
under these rules may, if necessary, request in writing for the help of the
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 un-authorized mining and transportation of
minerals.
101. Investigation of offences.––(1) Subject to such conditions
as may be specified the Director may authorize any officer of the
Department not below the rank of District Mineral Officer to investigate all
or any of the offences punishable under these rules.
(2) 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 In-charge of a Police station for the
investigation of a cognizable offence.
102. Power to take evidence on oath.––(1) 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.
72 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
103. Powers of entry, inspection of records and seizure of books
of accounts of a Concessionary.––(1) An assessing authority or any
other officer authorized by Director in this behalf may for the purpose of
these 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.
(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.
(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 whenever required by any competent authority for proceedings
under these rules.
(4) For the purpose of sub-rule (2) and (3) any such authority or
person shall have powers to enter and search at all reasonable times any No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 73 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
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.
(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.
(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 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.
(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 74 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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.
(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.
(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.
(10) Any such authority or person may require any person :––
(i) 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
(ii) 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.
(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.
104. Rights of existing concession holders.––A licence or lease
granted prior to commencement of these rules and subsisting on the date of
commencement of these rules shall remain valid till the expiry of the
remaining period of such licence or lease and shall terminate after such
expiry.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 75 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 105. Rights of pending applicants.––The applications for grant
of minor mineral concession which are pending on the date of
commencement of these rules shall be dealt with as under :––
(a) where the applicant has submitted an approved mining plan to
the competent authority prior to the commencement of these
rules, he shall be eligible for grant of lease or licence on
production of Environment Clearance Certificate ; and
(b) where the applicant has not submitted an approved mining
plan to the competent authority prior to commencement of
these rules, his application shall be deemed to have been
rejected.
106. 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.
107. 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 :
Provided that the Engineering Departments shall have to obtain
requisite minor mineral concession under these rules before
its transportation and consumption for the works/sites;
(ii) execution of such Development Project of State/National
importance as may be notified by Government provided that 76 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— requisite minor mineral concession has been obtained by agency executing
such project. However, for the extraction and consumption of
minor minerals requisite concession has to be obtained as per
these rules ;
(iii) extraction of minor mineral by an agriculturist from his/her
private land bonafide purpose of agriculture ; and
(iv) 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.
108. Repeal and Savings.––The Jammu and Kashmir Minor
Mineral Concession, Storage, Transportation of Minerals and Prevention
of Illegal Mining Rules, 2016 and Jammu and Kashmir Prevention of Illegal
Mining, Transportation and Storage of Minerals Rules, 2003 are hereby
repealed.
(2) Anything done or any action taken under the provisions of the repealed rules shall be deemed to have been done or taken under the provisions of these rules.
(Sd.) SHAILENDRA KUMAR, IAS,
Commissioner Secretary to Government,
Industries and Commerce Department.
––––––
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 77 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— Schedule-I
Rates of royalty of Minor Minerals
[See rule 38 (1) (i) (ii), 50 (1) 70]
S. Name of Minor Minerals Royalty
No.
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 and Basalt (dressed block) 230.00
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
78 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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 then used for Brick manufacture 20.00 5.2 Clay when used for manufacture of Brick 25.00 5.3 Bentonite and fuller earth 85.00
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 79 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
1 2
3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
–––––––
80 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Schedule-II
Rates of dead rent of Minor Minerals
[See rule 38(1)(iv)]
S. Rate of Dead Rent 2nd to 5th 6th to 10th Above 10
No. year in year in years in
Rs. per Rs. per Rs. per
hectare hectare hectare
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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/-
–––––––
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 81 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— Schedule III
[See rule,63(4)]
(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 Mineral From 2nd Year 4th Year
Concession to 3rd Year onwards
––––––––––––––––––––––––––––––––––––––––––––––––––––––
20,000 50,000 1lac
(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.
–––––––
82 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM "A"
[See Rule 38(5), 50(12), 60(1)(v), 70,71]
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 rubber stamp containing signature
Signature of Mineral Concessionaire No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 83 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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 Mineralbesides royalty amounting to Rs. ___________
(in words)___________has been charged under GRNo_______
dated _______issued to Driver/owner.
Seal and Signature of
Incharge Mineral Checkpost
–––––––
84 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM "B"
[See Rule (70)]
Register to be maintained at mineral check post
1. S. No.
2. Date
3. Name of Mineral Concessionary
4. Name of Mineral
5. Quantity of Mineral
6. Form of Mineral (finished or raw)
7. Name and address of consignee
8. No and Date of Challan
9. 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. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 85 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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 (79)]
From : To : (Assessee with
Department of Geology and Mining Name and Address
J&K Govt. Jammu/Srinagar.
No.
Dated_____________
Subject :––Notice for re-assessment of royalty in respect of mineral
concession granted for mineral near Village____________
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 86 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— recovered as arrears of land revenue besides, action as per
agreement.
Records to be produced :
(1) Production Register (2) Stock Register (3) Challan Book
(4) Payment Slips (5) Challan Register (6) Bill Book
(7) Labour payment register .
(8) Cash book and other records connecting with the mining lease.
(9) Any other records or documents with is sought to be produced.
Authorized Officer
Geology and Mining Department,
With designation and location of the office.
––––––––
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 87 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM-D
(To be submitted in triplicate)
(See Rule 89)
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
field.
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 79 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 80 if not, the reasons for not presenting it within
the prescribed limits as provided for in rules.
88 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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 or the applicant
Place :
Date :
––––––
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 89 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
(FORM-ML1)
Application for Mining Lease (See Rule 28)
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 Dept.
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 application 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 90 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(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 or 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
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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 91 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
District Tehsil Village Khasra Plot Area Occupancy Ownership
No. No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(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 92 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— from the Chief Conservator of Forests/Wild Life 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, 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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 93 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(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
(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.
94 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (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 up gradation 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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 95 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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……..………….
–––––––––
96 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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)
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 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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 97 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (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.
(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.
98 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (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.
(xiv) Details of output during the last three years and phased programme for production during the next three years alongwith 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. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 99 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU & KASHMIR
DEPARTMENT OF GEOLOGY & 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.
Signature & designation
of Receiving Officer.
Date______________________
_______
100 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM (ML4)
(See Rule 32)
Register of mining Lease applications
S. Name of applicant with Occupation Present Address Date of
No. father/husband name
application
with permanent
address
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of Area applied Period of lease Mineral/minerals
receipt of alongwith applied applied
application description
––––––––––––––––––––––––––––––––––––––––––––––––––––––
6 7 8 9
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Order No. & Date of whether for grant signature of Remarks
grant/rejection renewal officer
––––––––––––––––––––––––––––––––––––––––––––––––––––––
10 11 12 13
––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 101 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU & KASHMIR
DEPARTMENT OR GEOLOGY & MINING
FORM (ML5)
(See Rule 32)
Register of Mining Leases
S. Name of grantee Occupation Date of receipt Area granted
No. with fater/husband of application with description
name and
permanent address
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Mineral/ Order No. and Period of lease/ Amount of Security
minerals date of grant renewal Dead rent deposits
Deposits renewal
under
lease
––––––––––––––––––––––––––––––––––––––––––––––––––––––
6 7 8 9 10
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Name of transferee Date of Date of expiry/ Date from which
with father/husband transfer termination/ area is free
name and address surrender grant
––––––––––––––––––––––––––––––––––––––––––––––––––––––
11 12 13 14
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Signature of officer Remarks
––––––––––––––––––––––––––––––––––––––––––––––––––––––
15 16
––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––
102 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM (ML6)
(See Rule 37)
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" which 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" which 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" which 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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 103 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— the "transferor" which 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) herein after referred to as the
"transferee" which 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" which expression shall where the context so admits be deemed
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 (herein after referred to as the "transferee" which
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)(herein
after referred to as the "transferee" which 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" which expression shall where the context so admits to be
deemed to include the successors and assigns) of the third part.
104 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Whereas by virtue of an indenture of lease dated
the____________And Registered as on _________(Date) in the office
of the Sub-Registrar of (Place) (herein after referred to as lease) the original
whereof is attached hereto and marked "A" entered into between the
Director(therein called the lessor) and the transfer or (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 assign the lease or any interest there under 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.
Now this Deed witnesseth 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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 105 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— conditions contained in said herein before recited lease in the same
manner in all respects as if the lease had been granted to the transferee
as the lessee there under 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 where under 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.
(iv) 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.
(v) The transferee further declares that he is financially capable of
and will directly undertake mining operations.
(vi) 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.
106 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(vii) 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._______________
––––– No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 107 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
GOVERNMENT OF JAMMU & KASHMIR
DEPARTMENT OF GEOLOGY & MINING
FORM (ML7)
[See Rule 38(3)]
Production, Dispatch & Stock Register
S. Date No. of Opening Production Total Approximate
No. persons stock quantity of
employed mineral
dispatched
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6 7
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sale price Approximate Actual Closing Challan Vehicle Remarks
per tonne stock balance disptach stock No. No.
(grade-wise)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
8 9 10 11 12 13 14
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Signature of lessee
––––––––
108 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU & KASHMIR
DEPARTMENT OF GEOLOGY & MINING
FORM (ML8)
[See Rule 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. Opening stock of mineral Production Total
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Quantity, dispatched
Purpose Quantity Challan No. and Date Closing balance
––––––––––––––––––––––––––––––––––––––––––––––––––––––
5 6 7 8
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Average No. Working Quantity of over Remarks
––––––––––––––––––––––––––––––––––––––––––––––––––––––
9 10 11 12
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date:-
Place:-
Signature of Lessee/Authorized
Agent/Manager
–––––––
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 109 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU & KASHMIR
DEPARTMENT OF GEOLOGY & MINING
FORM (ML9)
[See Rule 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 ___________________________
employeed daily
Name of the Output Value Average No. of persons minor mineral –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
Male Female Total
Average No. of No. of Compensation No. of days Remarks days worked accidents paid worked ––––––––––––––––––––––––––––––––––––––––––––––––––––––
Rs. P
––––––––––––––––––––––––––––––––––––––––––––––––––––––
5 6 7 8 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 & Mining J&K Govt. Jammu/Srinagar.
(b) Officer I/C of the District concerned.
––––––––
110 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM (ML10)
Model Form of Mining Lease Deed
[See Rule 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" which 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 here under 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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 111 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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 agreements by and in these presents and the schedule here under 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 2010 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 VI I 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 WITHNESS 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 112 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— __________hectares or thereabouts delineated onplan here' to
annexed and bounded as _________ hereinafter referred to as "the said
lands'
PART II
Liberties, powers and privileges to be exercised and enjoyed by the
lessees subject to the restrictions and conditions in Part III
1. To enter upon land and search for, win, work etc.—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.
2. To bring and use machinery equipment etc.—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.
3. To make roads and ways etc and use existing roads and ways.—
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.
4. To get building and road material, etc.—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, springs or other sources in or upon the said lands.
Provided that the lessees shall not interfere with the navigation in any No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 113 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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
1. No buildings etc. upon certain places.—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
'hall not also interfere with any right of way, well or tank.
2. Permission for surface operations in a land not already in
use.—Before using for surface operations any land which has not already
been used for such operations, the lessee 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.
3. To cut trees in unreserved lands.—The lessees shall not without
the previous sanction of the Deputy Commissioner/Collector cut down, or 114 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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.
4. No mining operations within distances as per Rule,4 of the
public works etc.—The lessee shall not work or carryon 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 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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 115 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 5. Facilities for adjoining Government Licenses and leases.—
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
1. To work other minerals.—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.
2. To make roads.—Liberty and power for the State Government or
any lessee or person authorized by it in that behalf to enter & 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, 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
bysuch lessee or person of such liberty and power.
116 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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.
2. Rate and mode of payment of dead rent.— 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.
3. Rate and mode of payment of royalty.—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 from the leased area at the rate for the time being
specified in the schedule-I to the J&K MMCR, 2014.
4. Payment of surface rent, and water rate.—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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 117 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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
1. 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.
2. Mode of computation of royalty.— 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.
3. Course of action if rents and royalties are not paid in time.—
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
1. Lessee to pay rents and royalties, taxes, etc.— 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 118 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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.
2. To maintain and keep boundary marks in good order.—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.
3. To indemnify Department against all claims.—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.
4. To strength and support the mine to necessary extent.—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.
5. To allow inspection of workings.—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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 119 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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:-
6. To report accident.—The lessees shall without delay send to the
Deputy Commissioner/Collector a report of any accident causing death or
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.
7. To report discovery of other minerals.—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.
8. To keep the records and accounts regarding production and
employees etc.—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.
120 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (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.
(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 there
from.
9. To maintain plans, etc.—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 there under.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 121 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (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.
(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.
11. Act 67 of 1957.—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 carryon mining or other operations under the said
lease in any way other than as prescribed under these rules.
12. To provide weighing machine.—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 and
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.
14. To allow test of weighing machine.—The lessee shall allow
any person or persons appointed in that behalf by the state Government at 122 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— any time or times during 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 & 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.
15. To pay the compensation for injury of third parties.—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
16. Not to obstruct the working of other minerals.—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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 123 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— prospecting Licenses.
16. Transfer of lease.—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,—
(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) :
124 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Provided that no such order shall be made without giving the lessee a
reasonable opportunity of Stating his case.
19. Lessee shall deposit any additional amount necessary.— 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._____
20. Right of pre-emption.—(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 behalf of the Department or State Government regarding the use or
employment of such works, plants, premises and minerals,
21. Employment of foreign national.— 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.
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 125 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 22. Recovery of the Expenses incurred by the State
Government.—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
1. Lessee may hold and enjoy rights quietly.—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.
2. Acquisition of land of third parties and compensation
thereof.—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 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 126 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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 there under :
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 here by 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 there under and shall pass order as it deems fit. If renewal is granted,
the Department/State Government will at the expense of the lessee and
upon his executing and delivering to the deptt. 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 No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 127 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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 person who is
subsequently granted a mining lease for that mineral.
5. Refund of security deposits.—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.
128 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— PART IX
General Provisions
1. Obstructions to inspection.—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 ill 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.
2. Penalty in case of default in the payment of royalty and breach
of covenants.—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 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.
3. Penalty for repeated breaches of covenants.— 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 clause (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
4. Failure to fulfill the terms of leases due to ''Force Majeure''.—
Failure on the part of' the lessee to fulfill any or the terms and condition s ofs this lease shall not give the Department or State Government any claim No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 129 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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 0f 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.
5. Lessee to remove his properties on the expiry of lease.—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
of this schedule and which the Department/State Government shall not
desire to purchase.
6. Forfeiture of property left after determination of leases.—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 130 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— IN WITNESS WHEREOF these presents. have been executed in
the manner hereunder appearing the day.
Director,
Geology and Mining Department,
lessee
J&K Government.
(on behalf of Governor of J&K State)
Witness Witness :
––––––
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 131 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
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 & 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 N o . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Receipt No.__________ dated_________
3. Following are the required particulars ;
A. In case the applicant is an individual.
a. Name of applicant
:______________________________
b. Father's/Husband's name
:______________________________
c. Occupation
:______________________________
d. Nationality
:______________________________
e. Permanent Address
:______________________________ 132 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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. Name of Mineral for Extent of Period of Location of
No. division which less area held Lease/ Lease/
is held (Give plot Quarry Quarry
Nos. of licence
of Quarry
licence) From To
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6 7
––––––––––––––––––––––––––––––––––––––––––––––––––––––
4. Details of Lease/License applied for simultaneously:
a _______________________________________
b _______________________________________
c _______________________________________ No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 133 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
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: _______________
Date: ________________
Name: _______________
Present Address: _______
–––––––
134 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM QL2
Proforma of quarry license
[See Rule 48(ii)]
1. Quarry License No__________ 2. Valid up to ________
3. Name of Licensee________________________________
4. Father's Name/Husband's Name ______________________
5. Address____________________________________
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. Amount Challan/Cash Date of Period of Authorised
No. deposited Receipt No. deposits Renewal Signatory
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 135 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— 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 up to _________
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. ____________________________________
7. Plot/Survey No._____________________________
8. Name of the Mineral ________________________________
9. Quantity (MT)______________________________________
10. Period____________________________________________
11. Royalty paid _______________________________________
12. G .R. No.:_______________________ Date_____________
13. Challans issued ____________________________________
No
Date Authorized Signatory
–––––––
136 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OR JAMMU AND KASHMIR
DEPARTMENT OR 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 :
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 137 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
12. Basic value of the minor mineral at pit head :
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 :
––––––
138 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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
prescribed under these rules.
Issuing Authority.
______
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 139 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— OVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM MD1
[See Rule 62 (1)]
Application for grant and renewal of Mineral Dealer License
(To be submitted in duplicate)
Received at(place) on the(date)
To
The Director,
Geology & Mining Deptt
J&K Govt. Jammu/Srinagar.
Through
The Officer I/C District Mineral Office Geology & Mining
Department District…………………………………………….
Sir,
1. I/We request for the grant/renewal of Mineral Dealer's License
for the period from …………………. to ……………………
2. A sum of Rs. ………………..……………… on account of
application fee has been deposited vide Treasury challan/GR
No.…………… dated …………at place).
3. The required particulars are given below :—
(i) Name of the applicant with complete address.
140 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ii) Status of the applicant [Individual/Private company/Public
company/Firm or Association] specify.
(iii) Profession or nature of business of applicant
(iv) In case of renewal of Mineral Dealer License, No. of the
existing Mineral Dealer License; Date of grant of last Mineral
Dealer License; and Date of expiry of Mineral Dealer License.
(v) Whether the applicant holds any Mineral concession/ Mineral
Dealer License in the State, if yes please furnish details of such
mineral concession or Mineral Dealer License
(vi) Mineral/minerals or its products, for which the applicant intend
to hold License (Specify whether major or minor).
(vii) Quantity of each mineral to be stocked during the year.
(viii) Details of the land proposed to be used as stock yard or sale
depot where applicant intends to store or trade the mineral/
minerals or its products along a) District :b) Tehsil :c) Village
:d) Khasra Nos. :e) Extent of area :
(ix) Proof of ownership and possession of the land proposed to be
used as stock yard/ sale depot (Where the land is not owned by
the applicant, lease agreement of the land owner be attached)
(x) The area applied for should be marked on a Cadastral Plan or
sketch plan drawn to scale, showing the location and extent of
area with boundary marks to be used for the purpose of stack
yard or processing unit and sales depot separately.
(xi) Details of the area from where mineral shall be procured.
(xii) Route/roads of mineral transportation from the source of mineral
(xiii) Any other details No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 141 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
I/We do hereby declare that the particulars furnished above are correct
and am/are ready to furnish any other details including security deposit etc.
as may be required by you.
Place:
Signature of the
applicant
Date: Name : ………………………
Address: ……………………
–––––––
142 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM MD2
[See Rule 62(4)]
Acknowledgement of Application for Grant or Renewal of
Mineral Dealer's License :
Sr. No. ………………………… Date................…………………
Received the application for the grant/renewal of Mineral Dealer's License
with following enclosures from Shri/M/s. ………………………………….
on…for the mineral(s)/ product(s)…………………………………............
Enclosure :
Signature of receiving
Officer with seal of office.
–––– No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 143 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM MD3
[See Rule 62(5)]
Register of applications for Mineral Dealer's License :
1 Serial No.
2 Date of application of License
3 Date of receipt of application
4 Name of the applicant with full address
5 Name of the mineral/product for which License is applied for
6 Village, Khasra No. and extent of the stocking area
7 Quantity to be stocked in a year
8 Period for which grant/renewal of License is applied
9 Application fee paid details treasury challans/
G. R. No. ____date____Rs.____
10 Final disposal of the application together with number and date of
the order
11 Signature of the Officer.
––––––
144 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM MD4
[See Rule 63(4)]
Model Form for grant/renewal of Mineral Dealer's License
A Dealer's License to stock, sell and exhibit for sale of mineral under
J&K Minor Mineral Concession, Storage, Transportation and Prevention
of Illegal Mining Rules, 2014.
No. …………...............………… Date ………….....……………
Mineral Dealer's License is hereby granted under the J&K Minor
Mineral Concession, Storage, Transportation of Minerals and Prevention
of Illegal Mining Rules, 2014 in favour of Shri/Smt./M/s ………….………
to sell, stock and exhibit for sale the under mentioned following mineral(s)/
product(s) at the stockyard indicated below for the period commencing
from … to __
Mineral(s)/Product(s)—
1. …………………………… (Specify whether Major or Minor).
2. ……………………………
3. ……………………………
4. ……………………………
Location of Stockyard—
District, Tehsil, Village, Extent of area, Detail of area
(Khasra Numbers)
Quantity allowed to be stocked during the year (in MT)
Period of License granted
The License shall expire on ………………….. .
Seal of the Licensing Authority
Signature of the Licensing Authority.
____ No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 145 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM MD5
(See Rule 66)
Register of Mineral Dealer's License :
(To be maintained separately for major and minor minerals)
1. Serial Number
2. Name of the Licensee
3. Full Address
4. Name of Mineral(s)/Product(s)
5. Location of stockyard
District, Tehsil, Village, Khasra Number, Extent of area :
6. Number and date of Grant/Renewal of License
7. Period of License
8. Remarks
9. Signature of the Officer
Seal of the Licensing Authority
Signature of the Licensing Authority.
____ 146 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM MD6
[See Rule 67(2)(i)]
Register having details of purchase and sales of the mineral
to be maintained by the Mineral Dealer Licensee Dealer
(To be maintained separately for each mineral)
Name of Dealer____________, Location of the stock______
License Number_______Name of mineral______
PURCHASE
Date____, Serial Number of Transit Pass vide which mineral
purchased_______, Quantity of Each purchase (in MT)/___, Transit
Pass__, Total purchase (MT)___, Name of mineral concessionary from
whom the mineral(s) purchased__, Location of source (mine/ quarry) of
purchase___
SALE
Serial Number of Mineral Transit Pass issued for each sale__, Quantity
of each sale/(in MT)__,Transit Pass_, Rate (in Rs.) of sale per MT___,
Name and address of the consignee____, Purchase price paid___,
Sale price realized__
–––––––––
No. 53-d] The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. 147 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM MD7
[See Rule 67(2)(ii)]
Stock Register to be maintained by a Mineral Dealer
1. Name and address of holder of License
2. License Number
3. Location of stockyard
4. Name of Mineral(s)/Product—
(a) Date
(b) Opening balance (in tonne)
(c) Quantity of mineral purchased (in tonne)
Total Stock (b+c)
(e) Quantity of Mineral dispatched from stockyard (in tonnes)
(f) Closing stock (in tonne) (d-e)
(g) Initial of the dealer
–––––––
148 The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938. [No. 53-d ––––––––––––––––––––––––––––––––––––––––––––––—–––————— GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF GEOLOGY AND MINING
FORM MD8
[See Rule 67(3)]
Monthly return to be submitted by Mineral Dealer/Licensee
Return for the month of /…………..
(To be furnished by 10th of every month)
1 Name of Mineral dealer/Licensee
2 Address of the Mineral dealer/Licensee
3 Number of Mineral dealer/License
4 Period of Mineral dealer/License
5 Location of stockyard
6 Name of Mineral(s) for which License is granted
(a) Name of Mineral
(b) Opening stock(in metric tonnes)
(c) Quantity of mineral received/purchased(in metric tonne)
(d) Total stock in the stockyard
(e) Quantity of Mineral dispatched during the month(in metric
tonnes)
(f) Transit passes used during the month
(i) Book Number:
(ii) Serial Number:
(g) Balance of stock at the end of the month(in tonnes)
Date:…………..
Place:……………..
Signature of dealer/Licensee