THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
21 VAISHAKH 1948 (S)
RANCHI MONDAY 11th MAY, 2026
DEPARTMENT OF MINES AND GEOLOGY
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NOTIFICATION
8th MAY,
20 26
No.Kha.Ni.(Vividh)-95/2024-1154/M.--In exercise of the powers conferred
by section 15of the Mines and Mineral (Regulation and Development) Act, 1957,
the Governor of Jharkhand hereby makes the following rules further to amend
the Jharkhand Sand Mining Rules, 2025, namely:-
These Rules shall be called Jharkhand Sand Mining (Amendment) Rules,
2026 and it shall be effective from the date of publication of the notification.
1. Rule-2 (W) shall be substituted as per following: -
“Year” means period of allocation of sand ghat/deposit commencing from
the date of registration of executed lease deed.
2. Table of Rule-6 (V)(c) shall be substituted as per following: -
Sl. No.
Installments
Schedule for payments
1
First Installment(50%)
a. Before grant of first permit for
the first year.
b. In Second and Subsequent
year,first quarter of the year.
2
Second Installment(25%)
Third quarter of the year
3
Third Installment(25%)
Fourth quarter of the year
No. 208
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Jharkhand Gazette (Extraordinary) Monday 11th May, 2026
3. Rule-6 (V)(a) shall be substituted as per following: -
“Bid amount shall be for the period of first year of allocation that will start
from the date of registration of executed lease deed. Bid amount for
the second and subsequent year shall be One Hundred and Ten Percent
(110%) of the previous financial year Annual Mineral Concessional
Value.”
4. Rule-6 (V)(d) shall be substituted as per following: -
“Royalty and contribution to the District Mineral Foundation Trust of the
sand deposit shall be payable as per Schedule-I, and Income Tax,
Environmental Cess, Management Fee, GST, Stamp Value and
Registration Charges etc. shall be paid as per applicable law.”
5. Rule-6(VII)(b) shall be substituted as per following: -
“Lease deed in the format as prescribed in Schedule-II, shall be executed
after acquiring all necessary clearances including consent of concerned
Gram Sabha in Schedule area as defined in THE PROVISIONS OF THE
PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS) Jharkhand
Rule-2025.”
6. Rule-6(X)(d)shall be inserted after Rule-6(X)(c) as per following: -
“6(X)(d)- Monthly return for the purposes of as mentioned in above sub
rule (a), shall be submitted by the lessee for the month, within the Tenth
day of subsiding month. In case of failure of submission, a fine Rupees.
25/- per day subject to the maximum Rupees 2500/- shall be payable.
By the order of the Governor of Jharkhand,
(Arava Rajkamal),
Secretary to the Government
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Jharkhand Gazette (Extraordinary) Monday 11th May, 2026
[See rule- 6 (V)(d)]
SCHEDULE-I
SL. No.
Name of the Mineral
Rate of Royalty
1
Ordinary Sand used for Construction purpose
Rs. 50.00 per Cubic Meter
2
Sand (Others)
Rs. 25.00 per tonne
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Jharkhand Gazette (Extraordinary) Monday 11th May, 2026
[See rule- 6(VII)(b)]
SCHEDULE-II
FORMAT OF MININGLEASE
This deed for grant of as and mining lease(“Lease”)is made by and between the following:
PARTIES:
1
The Governor of Jharkhand, acting through Deputy Commissioner of
the[.......] district (the “State Government”).
AND
2
[Name of the Lessee][incorporated in India under the Companies Act,
[1956/2013] with corporate identity number [CIN], whose registered
office is at [address of registered office], India and principal place of
business is at [address of principal place of business, if different from
registered office] OR [an individual who is citizen of India, having income
tax permanent account number [number], residing at [address]] OR
[persons listed in SCHEDULE A organised as a [firm/association of
persons]in the nameof[name of the firm or association of individuals],all
of whom are Indian citizens and resident in India] (the “Lessee”).
BACKGROUND:
A.
TheLesseehadparticipatedinanelectronicauctionforgrantofasandminingleas
e, pursuant to which the Lessee has become eligible for grant of a mining
lease.
B.
Accordingly, the State Government is now executing this deed for grant of
as and mining Lease to the Lessee in consideration of the annual mineral
concessional value, royalties, covenants and agreements hereinafter
reserved and contained on the part of the Lessee to be paid, observed and
performed.
1.
DEFINITIONS
The expressions used in this Lease shall have the same meaning a sascribed
to them under the Act and the rules made there under.
2.
GRANTOFLEASE
2.1. The State Government here by grants the Lease to the Lessee over
an area described in Schedule B (“Lease Area”) for conducting sand
mining operations for a period of 05 years, commencing from the
date on which this duly executed mining lease deed is registered
with respect to sand (“Mineral”).
2.2. The Lease shall be with respect to the Mineral situated lying and
being in or under the Lease Area.
2.3. Subject to the Lessee paying the royalties and making other
payments required to be paid and observing and performing all the
covenants and agreements here in contained and on the part of the
Lessee to be observed and performed shall and may quietly hold and
enjoy the rights and premises of the Lease Area for and during the
term hereby granted without any unlawful interruption from or by
the State Government, or any person rightfully claiming under it.
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Jharkhand Gazette (Extraordinary) Monday 11th May, 2026
3.
RIGHTSANDOBLIGATIONS
3.1. The rights and obligations of the State Government and the Lessee
shall be as specified in the Act and the rules made there under,
including with out limitation the Jharkhand Sand Mining Rules, 2025
3.2. Without prejudice to the generality of the foregoing,
(a)
The Lessee shall:
(i)
at all times comply with the provisions of the Act and
the rules made there under and any other applicable
law;
(ii) Make prompt payment of royalty and any other payment
required to be made by the Lessee;
(iii) pay such 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 the Lessee in exercise of the powers granted
by this Lease and to indemnify and keep indemnified
fully and completely the State Government against all
claims which may be by any person or persons in respect
of any such damage, injury or disturbance and all costs
and expenses in connection therewith;
(iv) take measures, at his own expense, for the protection of
environment like planting of trees, use of pollution-
control devices, and such other measures as may be
prescribed by the Central or State Government from
time to time;
(v) without delay send to the Deputy Commissioner a report
of any accident causing death or serious bodily injury or
serious injury to property or seriously affecting or
endangering life or property which may occur in the
course of the operations under this Lease;
(vi) cause to be measured mineral upon some part of the
Lease Area from time to time won from the Lease Area,
with 30 days prior notice being given by the Deputy
Commissioner every such measuring in order that he or
some person on his behalf may be present thereat;
(vii) pay stamp duty and registration charges as may be
applicable in respect of this deed.
(b)
The State Government shall:
(i)
have the right to, at all times to enter into and upon and
to grant or demise to any person or persons
whomsoever liberty to enter into and upon the Lease
Area for all or any purposes other than those for which
sole rights and Lease are hereby expressly conferred
upon the Lessee, including without limitation, to make
on, over or through the said lands such roads, as shall be
considered necessary or expedient for any purposes and
to obtain from and out of the said lands such stone,
earth or other materials as may be necessary or requisite
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Jharkhand Gazette (Extraordinary) Monday 11th May, 2026
for making, repairing or maintaining such roads, to pass
and repass at all times over and along such roads, for all
purposes and as occasion shall require;
(ii) have the right to appropriate any performance security
provided by the Lessee in accordance with terms of such
performance security and require the Lessee to
replenish the performance security. In case the
performance security has been provided throughha
security deposit after termination of the Lease and
fulfilment of all obligations of the Lessee, such security
deposit shall be returned to the Lessee after appropriate
deductions. It is clarified that the security deposit shall
not carry any interest; and
(iii) have the right to carry out or perform any work or
matters which in accordance with the covenants in that
behalf are to be carried out or performed by the Lessee,
but have not been so carried out or performed with in
the time specified In that be half, and the Lessee shall
pay the State Government on demand all expenses
which shall be incurred in such carrying out or
performance of the same.
3.3. If the State Government is desirous of exercising its right of pre-
emption with respect to any mineral other than sand the State
Government shall pay the average sale price of such minerals as
published Directorate of mines prevailing at the time of pre-
emption.
3.4. In the event of the existence of a state of war or emergency(of which
existence the President of India shall be the sole judge and a
notification to this effect in the Gazette of India shall be conclusive
proof) the State Government with the consent of the Central
Government shall from time to time and at all times during the said
term have the right (to be exercised by a notice in writing to the
Lessee/Lessees) forthwith take possession and control of the works,
machinery and premises of the Lessee on or in connection with the
Lease Area or the operations under this Lease and during such
possession or control, the Lessee shall conform to and obey all
directions given by or on behalf of the Central or State Government
regarding the use of employment of such works, premises and
minerals, provided that fair compensation, which shall be
determinedinde fault of agreement by the State Government shall
be paid to the Lessee for all loss or damage sustained by him/them
by reason or in consequence of the exercises of the powers
conferred by this clause and provided also that the exercise of such
power shall not determine the said term here by granted or affect
the terms and provisions of this clause.
3.5. If after the receipt of an offer of compensation for any damage
which is likely to arise from the proposed operation of the Lessee,
the occupier of the surface of any part of the said lands shall refuse
his consent to the exercise of the rights and powers reserved to the
State Government and granted by this Lease, the Lessee shall report
the matter to the State Government and shall deposit with it the
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Jharkhand Gazette (Extraordinary) Monday 11th May, 2026
amount offered as compensation and if the State Government is
satisfied that the amount of compensation is reason able or if it is
not so satisfied and the Lessee shall have deposited with it such
further amount as the State Government may consider reasonable,
the State Government shall order the occupier to allow the Lessee to
enter upon the said land and carry out such operations as may be
necessary for the purpose of the Lease. In assessing the amount of
such compensate on the State Government shall he guided by the
principles of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation & Resettlement Act, 2013.
3.6. Every notice required to be given to the Lessee shall be given in
writing to such personas may be nominated by the Lessee and such
nomination shall be informed to the State Government in writing. If
no such nomination is made then the notice shall be sent to the
Lessee by registered post/speed post addressed to the Lessee at the
address shown in the application for the Lease or at such other
address in India as the Lessee may designate from time to time and
every such service shall be deemed to be proper and valid service
upon the Lessee and shall not be questioned or challenged by him.
3.7. If in any event the orders of the Deputy Commissioner are revised,
reviewed or cancelled by Mines Commissioner, the Lessee shall not
been titled to compensation for any loss sustained by the Lessee in
exercise of the powers and privileges conferred upon the Lessee by
these presents.
3.8. In case of any activities in contravention with the Governing Rules
and violation of terms and condition of the lease deed, the lessee
shall be the solely responsible.
4.
GOVERNINGLAW
This Lease and all questions of its interpretation shall be construed in
accordance with the laws of India. In the event of any dispute in relation to
the this Lease and in respect of all matters touching the relationship of the
Lessee and the State Government, suits of petitions shall be filed in civil
courts at [name of the city]) and it is hereby expressly agreed that neither
party shall file a suit or appeal or bring any actions at any place other than
the courts named above.
In witness where of the represent shave been executed at the[name of place]on[date].
Witnesess:-
1.
Deputy Commissioner
(Name of the district)
2.
lessee
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Jharkhand Gazette (Extraordinary) Monday 11th May, 2026
SCHEDULE A–LIST OF PERSONS
S.No
Name
PAN Number
Address
SCHEDULE B:AREA OF SAND MININGLEASE
[Description of area, including Geo-co ordinates, to be provided as per District Survey
Report(Sand)]
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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.
Jharkhand Gazette (Extraordinary) 208-- 50.