(1)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
GOVERNMENT OF KARNATAKA
No.CI-MMN/205/2022
Karnataka Government Secretariat,
1st Floor, Vikasa Soudha,
Bengaluru, Dated: 17.03.2023.
NOTIFICATION
In exercise of the powers conferred by section 15 of the Mines and Minerals
(Regulation and Development) Act, 1957 (Central Act 67 of 1957), the Government
of Karnataka, hereby makes the following rules further to amend the Karnataka
Minor Mineral Concession Rules, 1994, namely:-
RULES
1. Title and commencement.- (1) These rules may be called the Karnataka
Minor Mineral Concession (Amendment) Rules, 2023.
(2) They shall come into force from the date of their publication in the official
Gazette.
2. Amendment of rule 2.- In the Karnataka Minor Mineral Concession Rules,
1994 (hereinafter referred to as said rules), in rule 2, in sub-rule (1),-
(i) in clause (a-2), for the letters “GPS”, the words, brackets and letters
“Differential Global Positioning System (DGPS)”, shall be substituted.
(ii) after clause (a-a), the following shall be inserted, namely:-
“(a-b) “Additional Payment” means forty percent of royalty payable by the
holder of lease or sand quarrying license and working permission, as
specified under rule 3-A, in addition to royalty;”
¨sÁUÀ – 4 J
Part – IV A
, 17
2023(
26
1944)
BENGALURU, FRIDAY, 17, MARCH, 2023(PHALGUNA, 26, SHAKAVARSHA, 1944)
. 128
No. 128
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(iii) after clause (c), the following shall be inserted, namely:-
“(c-1) “Dead Rent” means the minimum amount payable in a year by the
person granted a quarry lease or licence under these rules irrespective
of the fact as to whether he operates or not or could operate the area
fully or partly;”
(iv) after clause (e-3), the following shall be inserted, namely:-
“(e-4) "Mineral Based Industry” means an Industrial unit established for
the purposes of minor mineral processing for value addition;
(e-5) “Mine" shall have the same meaning assigned to it in the Mines
Act, 1952 (Central Act 35 of 1952);”
(v) after clause (g), the following shall be inserted, namely:-
“(g-1) "Owner" shall have the same meaning assigned to it in the Mines
Act, 1952 (Central Act 35 of 1952);”
(vi) after clause (h-1), the following shall be inserted, namely:-
“(h-2) “Public Road” means National Highway, State Highway, Major
District Roads and road having district road code, village roads and other
roads notified by the Government;”
3. Amendment of rule 3-A.- In the said rules, in rule 3-A,-
(i)
for clause (a), the following shall be substituted, namely:-
“(a)(i) digging of well for irrigation or drinking water or rain water
harvesting;
(ii) digging of foundation for building;
(iii) de-silting of ponds, tanks and construction of new tanks by
Irrigation Department and any other Government Department, ponds
construction meant for the purpose of agriculture and fishery.
construction and maintenance of canals and drainage system as
notified by the irrigation department; and
(iv) levelling of any lands by a land owner within his own land and
disposal of the minor mineral (other than sand) extracted thereof;”
(ii)
in clause (b), the words “laterite or”, shall be omitted.
(iii)
after clause (b), the following shall be inserted, namely:-
“(c) removal or collection of lime shells (dead shells) available in coastal
regulation zone by the traditional community through manual method for
poultry feed and animal feed supplements.”
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(iv)
in the first proviso, for the letter and brackets “(b)”, the letters, brackets
and word “(a), (b) and (c)”, shall be substituted.
(v)
for the second proviso, the following shall be substituted, namely:-
“Provided further that, in case of clauses (a) and (b) and (c) above if the
minor mineral is sold by the holder of working permission shall pay the
royalty to the State Government at the rate specified in schedule-II as
well as Additional Payment, and the transportation of the minor mineral
shall be undertaken only with a valid Mineral Dispatch Permit.
Provided also that, Ministry of Railways and National Highways and
National Highway Authorities shall be exempted from payment of royalty,
additional payment and for obtaining mineral dispatch permit on the soil
or silt or murram from tanks or lakes or ponds that are officially desilted
under the Amrit Sarovar scheme.”
4. Amendment of rule 3-B.- In the said rules, in rule 3-B, for sub-rule (3) and
the proviso thereunder, the following shall be substituted, namely:-
“(3) Quarry lease under this rule shall be granted on the condition that
the lessee shall pay royalty and additional payment:
Provided that, when such royalty and additional payment is paid, then
the payment by the lessee for the District Mineral Foundation Trust fund
shall be as payable by the holders of lease through auction;”
5. Amendment of rule 3-D.- In the said rules, in rule 3-D, for sub-rule (3)
and the proviso thereunder, the following shall be substituted, namely:-
“(3) Quarry lease under this rule shall be granted on the condition that
the lessee shall pay royalty and additional payment.
Provided that, when such royalty and additional payment is paid, then
the payment by the lessee for the District Mineral Foundation Trust fund
shall be as payable by the holders of lease or license through auction.”
6. Amendment of rule 3-E.- In the said rules, in rule 3-E,-
(i) in sub-rule (1), the proviso shall be omitted.
(ii) in sub-rule (4), for the second proviso, the following proviso shall be
substituted, namely:-
“Provided further that, when such grant of quarrying lease for the new
minor mineral discovered under sub-rule (1) is made, the lessee shall pay
additional payment, in addition to royalty applicable to the new minor
mineral discovered as under sub-rule (1) as given in schedule-II.”
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7. Amendment of rule 3-F.- In the said rules, in rule 3-F,-
(i)
for sub-rule (1), the following shall be substituted, namely:-
“(1) Notwithstanding anything contrary contained in Chapter IV-A, quarry
leases for extraction of building stone manually of extent five acres and
below in case of individuals and ten acres and below in case of Registered
Societies having all the members belonging to the Schedule Caste or
Schedule Tribes or having all members who are traditional quarry
operators or economically weaker section and whose livelihood is
dependent on quarrying for ordinary building stone or physically
challenged persons in the lands belonging to the State Government, shall
be allotted following the procedures in accordance with the provisions of
these rules.”
(ii) for sub-rule (4), the following shall be substituted, namely:-
“(4) Blocks so identified for the purpose of this rule shall be reserved, by
way of lottery, for allotment to the residents of the Taluk for quarrying by
them, in the following percentages, namely:-
(i)
persons belonging to the Scheduled Castes or Scheduled Tribes or
registered society of such persons – 24%
(ii)
persons belonging to Scheduled Castes or Scheduled Tribes who carrying
out quarrying by tradition and whose livelihood is depending on
quarrying of ordinary building stone or registered society of such persons
– 24%
(iii)
persons with disabilities (physically challenged) – 2% and
(iv)
other communities involved in traditional quarrying (except clause (i) and
(ii)) and persons belonging to economically weaker section -50%.”
(iii) for sub-rule (5), the following shall be substituted, namely:-
“(5) If more than one application is received amongst the categories
specified under clause (i) and (ii) of sub-rule (4), shall be allotted with the
following order of preference namely:-
(i) Registered Societies having all the members belonging to the
Schedule Caste or Schedule Tribes or having all members who are
traditional quarry operators and whose livelihood is dependent on
quarrying for ordinary building stone and who are nearest residence
to the building stone blocks so identified for allotment of quarry lease:
Provided that, if more than one application is received for seeking
grant of quarry lease, the application filed by oldest registered society
who conducted quarrying in past in the building stone blocks so
identified for allotment of quarry lease shall be consider for grant of
quarry lease.
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(ii) Individuals belonging to the Schedule Caste or Schedule Tribes or
traditional quarry operators and whose livelihood is dependent on
quarrying for ordinary building stone and who are nearest residence
to the building stone blocks so identified for allotment of quarry lease:
Provided that, if more than one application received for seeking grant
of quarry lease, the application filed by oldest individuals who
conducted quarrying in past in the building stone blocks so
identified for allotment of quarry lease shall be consider for grant of
quarry lease.
(iii) Individual or Registered Societies having all the members belonging
to the Schedule Caste or Schedule Tribes or having all members who
are traditional quarry operators and whose livelihood is dependent
on quarrying for ordinary building stone who are the residence of the
concerned taluk:
Provided that, if more than one application is eligible after providing
priority as specified in sub-rule (5), quarrying lease shall be granted
to eligible applicants by way of lottery.”
(iv) for sub-rule (6), the following shall be substituted, namely:-
“(6) Without prejudice to sub-rule (5), quarrying lease shall be allotted
for eligible applicant by way of lottery, under this rule amongst the
categories specified under clause (iii) and (iv) of sub-rule (4).”
(v) sub-rule (9), shall be omitted.
8. Amendment of rule 6.- In the said rules, in rule 6,-
(i)
in sub-rule (2), after the words “no blasting is involved”, the words “and one
hundred meters if control blasting is involved”, shall be inserted.
(ii) for sub-rule (3) and the proviso thereunder, the following shall be
substituted, namely:-
“(3) In case of breach by the lessee or licensee or his transferee or
assignees of any of the conditions specified in these rules or in the
quarrying lease deed or license, the Competent Authority shall require by
notice in writing the lessee or licensee to remedy the breach within thirty
days from the date of notice and if the breach is not remedied within such
period the Competent Authority may levy a fine of rupees Twenty Five
thousand in the case of non-specified minor minerals and rupees Fifty
thousand in case of specified minor minerals. If breach of any of the
conditions specified in these rules or in the quarrying lease deed or licence
happens for any subsequent time the competent authority may levy fine
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twice for the second time and thrice for the subsequent time as mentioned
above:
Provided that, if lessee or licensee fails to pay the fine as mentioned
above, the competent authority shall determine the lease or licence after
providing an opportunity of being heard”
(iii) for sub-rule (4), the following shall be substituted, namely:-
“(4) The lessee or licensee shall remove or transport the minor mineral
extracted from a quarry during the currency of the lease or licence within
six months from the date of expiry of the lease or licence. If the lessee or
licensee fails to remove or transport the minor mineral extracted within
the period of six months from the date of expiry of the lease or licence, the
minor mineral so extracted shall be the property of the State Government
and it shall be disposed as per Chapter-VIII of these rules.”
9. Amendment of rule 8.- In the said rules, in rule 8,-
(i)
in
sub-rule
(1-A),
for
the
words
and
symbol
“No
quarry
lease/licence/working permission/amalgamation shall be granted or
renewed”, the words and symbol, “No quarry lease/licence deed shall be
executed” shall be substituted.
(ii) for sub-rule (5), the following shall be substituted, namely:-
“(5) the competent authority shall before granting or renewing a lease or
licence, consult,-
(i)
in case of specified minor minerals, the Deputy Commissioner of the
District concerned and obtain No Objection Certificate;
(ii) in the case of non-specified minor minerals, the Assistant Commissioner of
the sub-division concerned and obtain No Objection Certificate:
Provided that, in case of all minor minerals in Gomala lands, the Assistant
Commissioner of Revenue Department and Deputy Director or Senior
Geologist concerned, who shall furnish joint Inspection report through
Deputy Commissioner.
(iii) in case of all minor minerals, the Deputy Conservator of Forest of the
concerned jurisdiction and obtain No Objection Certificate;
(iv) in case of all minor minerals, jurisdictional Mines and Geology Officer and
obtain technical report along with sketch duly mentioning GPS Co-
ordinates; and shall take action in accordance with Chapter III, in respect
of specified minor mineral and in accordance with Chapters IV and V, in
respect of non-specified minor mineral as the case may be.”
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(iii) after sub-rule (5), the following shall be inserted, namely:-
“(6) If the Deputy Commissioner or the Assistant Commissioner of the
Revenue Department or the Deputy Conservator of Forest or the Assistant
Commissioner or the Deputy Director or Senior Geologist as the case may
be, fails to give No Objection Certificate or Joint inspection report under
sub-rule (5), within ninety days, from the date of communication, the
same shall be placed before the District Taskforce (Mines) Committee in
its monthly meeting by the concerned Deputy Director or Senior
Geologist:
Provided that, the officer who fails to issue no objection certificate
or Joint inspection report as specified in sub-rule (5) shall be summoned
by the District Task Force Committee and obtain opinion from concerned
officer in the meeting and record in the proceedings of the meeting and
the same shall be disposed off accordingly.”
10. Amendment of rule 8-A.- In the said rules, in rule 8-A,-
(i) for the heading and sub-rule (1), the following shall be substituted, namely:-
“8-A. Periods for which quarrying lease, licence or composite licence
may be granted,- (1) On and from the date of commencement of the
Karnataka Minor Mineral Concession (Amendment) Rules, 2016, all the
quarrying lease, licenses and prospecting cum quarrying lease, unless
or otherwise explicitly mentioned in these rules shall be granted for a
period of fifty years for specified minor minerals and for a period of
thirty years for the non-specified minor minerals, subject to
establishment of mineral availability and workability of the quarry and
further subject to provisions under Chapter-II and II-A of these rules.”
(ii) the third proviso to sub-rule (1), shall be omitted.
(iii) after sub-rule (1) as so substituted, the following shall be inserted, namely:-
“(1-a) Notwithstanding anything contained in sub-rule (1), if the State
Government is of the opinion that in the interest of development of minor
minerals it is necessary to do so, it may, for reasons to be recorded,
authorize the extension of a lease or license for a further period up to
twenty years in case of specified minor minerals and ten years in case of
non-specified minor minerals, Subject to establishment of mineral
availability and workability of the quarry and further subject to provisions
of rules in Chapter-II and II-A:
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Provided that, quarry lease under this rule shall be granted or
extended or renewed on the condition that the lessee shall pay royalty and
additional payment.
Provided further that, when such royalty and additional payment is
paid, then the payment by the lessee for the District Mineral Foundation
trust Fund shall be as payable by the holders of lease through auction.”
(iv) for sub-rule (2) and provisions thereunder, the following shall be substituted,
namely:-
“(2) All the quarrying leases or licenses granted before the
commencement
of
the
Karnataka
Minor
Mineral
Concession
(Amendment) Rules, 2016, shall be deemed to have been granted for a
period of fifty years in respect of specified minor minerals and for a
period of thirty years in respect of non-specified minor minerals from
the date of its original grant, subject to establishment of mineral
availability and workability of the quarry and also subject to the
condition that all the terms and conditions of the lease or licenses have
been complied by the lessee or licensee:
Provided that, the mining leases of the minerals which are classified
as minor minerals by the Central Government vide notification no. S.O.
423 (E), dated 10-02-2015 shall be deemed to have been granted for fifty
years, for an area already granted under such lease and be considered
as quarrying lease or license as the case may be, subject to
establishment of mineral availability and workability of the quarry and
also subject to the condition that all the terms and conditions of the
lease have been complied by the lessee or license.
Provided further that, the quarry lease or licence which are
granted before 12-08-2016 and the period of such lease or licence
expired before commencement of these rules shall be considered for
extension of period under the provisions of this rule.”
(v) sub-rules (3), (4) and (5), shall be omitted.
(vi) in sub-rule (7), for the words, “thirty years”, the words “fifty years” shall be
substituted, wherever they occur.
11. Amendment of rule 8-B.- In the said rules, for rule 8-B, the following
shall be substituted, namely:-
“8-B. Status of applications received.- (1) Notwithstanding anything contained in
Chapter-IV-A, all applications received for grant of lease prior to the date of
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commencement of the Karnataka Minor Mineral Concession (Amendment) Rules,
2016, shall become eligible including the applications received for grant of mining
leases of the minerals that are now re-classified as minor mineral by the Central
Government by Notification No. S.O. 423(E), dated:10-2-2015:
Provided that, Applications received for grant of lease prior to the date of
commencement of the Karnataka Minor Mineral Concession (Amendment) Rules,
2016, for which no objection certificates and reports are received before
commencement of these rules as per sub-rule (5) of rule 8 shall be considered for
grant of quarry lease by the Competent Authority.
Provided further that, Applications received and pending for grant of lease prior
to the date of commencement of the Karnataka Minor Mineral Concession
(Amendment) Rules, 2016, for which no objection certificates and reports are not
received before commencement of these rules, the Competent Authority shall
consider such applications for grant of quarry lease after obtaining no objection
certificates and report as per sub-rule (5) of rule 8
(2) These applications may be consider for grant of quarrying lease in Form-GL by
the competent authority as per the provisions of these rules and dispose the
application within twenty four months from the commencement of the
Karnataka Minor Mineral Concession (Amendment) Rules, 2023.
(3) If any conflicts arises between applications received for grant of quarry lease
before promulgation of the Karnataka Minor Mineral Concession (Amendment)
Rules, 2016 that are now considered as eligible applications, and applications
which are received and pending for consideration under the provisions of rule
31-ZC within the time prescribed the Karnataka Minor Mineral Concession
(Amendment) Rules 2016, the competent authority shall consider applications
for grant of quarry lease which are received under the provisions of rule 31-ZC
of the Karnataka Minor Mineral Concession (Amendment) Rules 2016, for
production of manufacture sand.
(4) The provisions of rules 3, 3-C, 3-E, 4, 5, 6, 7, 8, 8-A, 15, 15-A, 16, 17, 18, 19-A,
19-B, 19-C, 19-D, 20, 54, 55 and Chapter-II-A, Chapter-VI, Chapter-VII,
Chapter-VIII and Chapter-IX shall mutatis mutandis apply to quarry lease
granted under this rule.”
12. Amendment of rule 8-J.- In the said rules, for rule 8-J,-
(i) for sub-rule (1), the following shall be substituted, namely:-
“(1) Every quarrying plan or simplified quarrying plan duly approved shall
be valid for five years or the duration of quarrying lease or license or
working permission whichever is earlier and modification or alteration in
the quarrying plan with reason thereof shall be reported to the Competent
Authority.”
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(ii) in sub-rule (4), the words “However, in case of sand at least ninety days
before the expiry of the two years period”, shall be omitted.
13. Omission of rule 8-L.- In the said rules, rule 8-L, shall be omitted.
14. Amendment of rule 8-N.- In the said rules, in rule 8-N, after sub-rule (5),
the following shall be inserted, namely:-
“(6) On obtaining permission from the concerned Revenue Department
Officer, the lessee or licensee may also stack non-salable and Rejected
Minor Mineral outside the quarry lease or license area, which is adjacent
to the quarry lease or license area with the prior approval from concerned
Deputy Director or Senior Geologist, subject to submission of approved
modified quarrying plan and Environmental Clearance or necessary
documents as specified in these rules.”
15. Amendment of rule 8-O.- In the said rules, for rule 8-O, the following
shall be substituted, namely:-
“8-O. Employment of qualified persons.- For the purpose of carrying out
quarrying operations in accordance with these rules, every holder of a
quarrying lease/quarry licence shall employ qualified person as per
provisions of the Mines Act, 1952 and Metalliferous Mines Regulation,
1961.”
16. Amendment of rule 8-R.- In the said rules, in rule 8-R,-
(i) for sub-rule (1), the following shall be substituted, namely:-
“(1) Cluster Association of quarry lease/licence shall be formed in
accordance with notifications or Official Memorandum duly issued by the
Ministry of Environment, Forest and Climate Change, Government of
India from time to time.”
(ii) after sub-rule (3), the following shall be inserted, namely:-
“(4) In the interest of mineral development and to promote systematic and
scientific quarrying, if the minor mineral deposits found in the middle of
the concession area falling in cluster association, such minor mineral
deposited area shall be allotted to the lessees falling in cluster and grant
a quarry leases through non auction route, as per guidelines issued by
the State Government from time to time.
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(5) In the interest of systematic and scientific quarrying if the land is
available adjacent to the existing lease or licence having an extent of five
acres or below, such area shall be allotted to lessee or licence through
non auction route with necessary clearances or documents as specified
in these rules and as per guidelines issued by the State Government from
time to time:
Provided that, the allotted area shall be twenty five percent of the
existing leased or licenced area or one acres whichever is lower.
Provided further that, the area so allotted shall be utilized only for
the purpose of maintenance of margin land or buffer zone or development
of benches.”
17. Amendment of rule 11.- In the said rules, in rule 11, the words “except
for sand and M - sand”, shall be omitted.
18. Amendment of rule 15.- In the said rules, in rule 15, in sub-rule (1), in
clause (b) the words “or licences”, shall be omitted.
19. Insertion of rule 15-B.- In the said rules, after rule 15-A, the following
shall be inserted, namely:-
“15-B. Registration of mineral based industry.- (1) Registration of new
mineral based industry: Any person who intends to establish mineral based
industry, on and after the commencement of the Karnataka Minor Mineral
Concession (Amendment) Rules, 2023 in respect of the minor mineral listed
under schedule-IB, shall register with the Deputy Director or Senior
Geologist, Department of Mines and Geology of the concerned district.
(2) Registration of existing mineral based industry:
(a) All existing mineral based industry utilizing the minor mineral, listed
under schedule-IB, shall register with the Deputy Director/Senior
Geologist, Department of Mines and Geology of the concerned district
within a period of one year from the date of commencement of the
Karnataka Minor Mineral Concession (Amendment) Rules, 2023.
(b) Every application for registration of mineral based industry shall be
made in Form-RMM along with a registration fee of rupees ten thousand in
the form of Treasury challan:
Provided that, application for renewal shall be made to the Deputy
Director/Senior Geologist of the concerned district in Form-RMM, three
12
months before expiry of registration along with a renewal fee of the rupees
five thousand in the form of Treasury challan.
(3) The application received for grant or renewal of registration of mineral
based industries under these rules shall be disposed within a period of
ninety days from the date of receipt of such application.
(4) Where, in case the Deputy Director / Senior Geologist, Department of
Mines and Geology of the concerned district is not able to dispose the
application for grant or renewal of registration of mineral based industry
within a period specified above, the reasons for the delay shall be given in
writing within thirty days after the expiry of the disposal period.
(5) The period of the registration shall be valid for a period of ten years and shall
be renewed for every ten years In Form –LMI
(6) Mineral based industry registered under these rules shall furnish yearly
reports to the jurisdictional Deputy Director/Senior Geologist in Form-
MYR.
(7) Mineral based industry registered under the provisions of these rules
shall obtain the mineral duly covered by a valid Mineral Dispatch permits
issued by the Department of Mines and Geology as specified under rule
42.
(8) If the owner of mineral based industry fails to register industry owned
by him, within the prescribed time under the provisions of these rules shall
be considered for registration on payment of penalty in addition to
registration fee specified below, namely:-
SL.
No
Period of delay
Penalty
(in rupees)
1
3 months
2,5000/-
2
6 Months
5,0000/-
3
Above 6 Months
1,00,000/-
(9) The licensee shall maintain correct and intelligible accounts of the
minerals procured either in raw from and / or subjected the minerals for
beneficiation, separation, crushing, pulverization and cutting and polishing
activities, as the case may be in e-return.
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(10) The licensee shall produce the documentary evidence for the minerals
either in raw from and / or subjected the minerals for beneficiation,
separation, crushing, pulverization and cutting and polishing activities, as
the case may be, sourced from outside the State of Karnataka to the
concerned Deputy Director/ Senior Geologist.
(11) The licensee shall dispatch the mineral either in raw from and / or
subjected
the
minerals
for
beneficiation,
separation,
crushing,
pulverization and cutting and polishing activities, as the case may be, by
obtaining Mineral Dispatch Permit.
(12) The registered licensee shall allow the authorized officer to inspect the
industrial unit for verification the stocks and accounts of the mineral.
(13)
Penalties:
Any
person
who
contrivance
any
provisions
of this rule shall be punishable with fine of,-
(a) If the offence is committed first time- rupees 25,000/-;
(b) In the Event of repeated offence, rupees 50,000/- and/or
imprisonment for a term which may extended to one year or with
both; and
(c) Whoever intentionally obstructs the Authorised Officer shall be
punishable with an imprisonment for a term which may be
extended to one year and fine of rupees 10,000/- or with both.
20. Amendment of rule 17.- In the said rules, in rule 17,-
(i) for sub-rule (1), the following shall be substituted, namely:-
“(1) Before the grant of quarry lease or licence or prospecting license the
Competent Authority shall make arrangements for survey and
demarcation of the area subject to the applicant paying the expenses at
the rate of rupees two thousand per acre of land.”
(ii) after sub-rule (2), the following shall be inserted, namely:-
“(3) If any variations found in quarry lease or licence area due to technical
error, in such cases after ascertaining the area by conducting joint survey
along with the officers of the Revenue and Survey Settlement and Land
Records and allowed to correct such discrepancy as one time measure,
during the currency of lease or licence period as per guidelines issued by
the State Government.
(4) Notwithstanding anything contained in these rules, any habitation,
educational institute, temple, building coming up subsequent to
issuance of quarry lease or licence grant notification in Form-GL shall
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not affect the operation or continuance of such lease or licence and
shall not affect any extension of lease or license period under rule 8(A):
Provided that, the lessee or licensee shall carry the quarrying
operation by taking relevant safety measures mentioned above.”
21. Amendment of rule 18.- In the said rules, in rule 18,-
(i) for sub-rule (1), the following shall be substituted, namely:-
“(1) When a quarrying lease or quarry license, or prospecting license or
composite license is granted the quarry lease, quarry license, prospecting
license or composite license shall be got executed in Form-E by the
grantee within twelve months of the order granting or renewing the lease
or further twelve months period as the Competent Authority may allow
in this behalf and if no such lease deed is executed within the aforesaid
period, the order granting or renewing the lease shall be deemed to have
been revoked.”
(ii) after sub-rule (1), the following shall be inserted, namely:-
“(1-A) If lessee or licensee fails to register the quarry lease deed during the
currency of the lease period, and which are eligible or otherwise for
deemed extension under the provisions of rule 8-A, in such case the
competent authority may impose a fine of rupees two lakhs and execute
supplementary quarry lease or license deed. After the issuance of
supplementary quarry leaser license deed, the lessee or licensee shall
register the quarry lease deed within ninety days and submit the
registered deed to the competent authority, till such period lessee or
licensee shall not be entitled to conduct quarrying activities.”
22. Amendment of rule 19-A.- In the said rules, in rule 19-A,-
(i) in the heading for the words “Transfer of Mineral Concession”, the words
“Transfer of quarry lease or licence” shall be substituted.
(ii) in sub-rule (4), for the proviso, the following shall be substituted,
namely:-
“Provided that, if the transferee fails to register (Form-T) within the period
prescribed in the Registration Act, 1908 (Central Act 16 of 1908), the
Competent Authority, viz Commissioner or Director or Deputy Director or
Senior Geologist of the Mines and Geology Department may condone the
delay and for the reasons to be recorded in writing and shall re-execute
the same. After re-execution of the Form-T the lessee or licensee shall
register the same within ninety days and submit the copy to the
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Competent Authority. If the lessee or licensee fails to register the transfer
lease or licence deed within ninety days after re-execution of the transfer
lease or licence deed, the order for transfer shall be revoked by the
Commissioner or Director or Deputy Director or Senior Geologist with
forfeiture of transfer application fee and premium.”
(iii) in sub-rule (8), the second proviso and Explanation thereunder, shall be
omitted.
(iv) after sub-rule (8), the following shall be inserted, namely:-
“(9) The Competent Authority may, by order, in writing terminate any
lease or licence at any time, if the lessee or licensee, in the opinion of the
Competent Authority, has violated the provisions of sub–rule (1) or has
transferred any lease or licence or any right, title or interest therein
without the prior approval of the Competent Authority:
Provided that, no such order making a termination of quarry lease
or licence shall be made without giving reasonable opportunity to the
lessee or licensee to be heard.”
23. Amendment of rule 19-C.- In the said rules, for rule 19-C, the following
shall be substituted, namely:-
“19-C. Status of grant of quarrying lease or license on death of the
applicant or lessee or licensee.- (1) Where an applicant for the grant of a
quarrying lease or license dies before the order granting him the quarrying
lease, the application for the grant of a quarry lease shall be deemed to
have been made in favour of his legal heir.
(2) In the case of an applicant in respect of whom an order granting a quarrying
lease is passed but who dies before the execution of deed, the order shall be
deemed to have been passed in the name of the legal heir of the deceased.
(3) Where a lessee dies during the currency of lease, the quarry lease deed
shall be deemed to be executed in the name of his legal heir of the
deceased till the expiry of the lease held upon by an order of the
Competent Authority in this regard.”
24. Amendment of rule 31-A.- In the said rules, in rule 31-A, in sub-rule (1),
the words, numbers and brackets “in-principle concurrence of the concerned
authorities prescribed under sub-rule (5) of rule-8 and formal approvals shall be
obtained by the successful bidder by following due procedures, if any before
execution of the deed” shall be omitted.
16
25. Amendment of rule 31-R.- In the said rules, in rule 36-R,-
(i) in sub-rule (3), in clause (vi), for the words “lease holder” the words
“successful bidder” shall be substituted.
(ii) in sub-rule (4), in clause (ii) the words, figures and letters “in coastal districts
as per rule 31-ZB” shall be omitted.
(iii) after sub-rule (6), the following shall be inserted, namely:-
“Provided that, if the seized sand is not required for any Government works,
action shall be taken by the District Sand Committee to dispose such sand to
the general public.”
(iv) in sub-rule (12) for the words, figures, letters and brackets “sub-rule (5) of
Rule 43 and sub-rule (1) of Rule 43-A” the words, figures and letters “ the
provisions of rules 43, 43A and 44 of these rules” shall be substituted.
(v) in sub-rule (20) for clause (ii) the following shall be substituted, namely:-
“(ii) In case of IV, V and higher order streams of river, any person aggrieved
by an order passed by the District sand committee may prefer a revision to the
Commissioner or Director Department of Mines and Geology. within thirty days
from the date of receipt of such order.”
(vi) after sub-rule (20) the following shall be inserted, namely:-
“(21) No transport of sand shall be made across the border to other States:
Provided that in case of exigencies the State Government on the
recommendation of the District Sand Committee, or on its own, may allow
transportation of sand across the border to other States.”
26. Amendment of rule 31-U.- In the said rules in rule 31-U,-
(i) in sub-rule (2) the words, figures and letters “in coastal districts as per Rule
31-ZB” shall be omitted;
(ii) in sub-rule (3) the words, figures and letters “in coastal districts as per Rule
31-ZB” shall be omitted;
(iii) in sub-rule (5) the words, figures and letters “as per Rule 31-ZB” shall be
omitted;
(iv) in sub-rule (6) for the words, figures and letters “as per Rule 31-ZB, the” the
words “the Jurisdictional” shall be substituted;
(v) in sub-rule (11) after the words “permission holder” the words “or lease
holder” shall be inserted;
(vi) in sub-rule (12) after the words “permission holder” the words “or lease
holder” shall be inserted;
(vii)
sub-rule (14) shall be omitted; and
(viii) after sub-rule (18) the following shall be inserted namely:-
17
“(19) For the purpose of reservation and grant of sand quarrying lease for
the blocks available in IV, V and higher order stream through tender – cum –
auction shall be done as per guidelines and tender documents notified and
issued by the Government from time to time.”
27. Amendment of rule 31-W.- In the said rules in rule 31-W,-
(i) in sub-rule (1) the words, brackets and figures “by the existing lease or
license holder holding on or before the date of commencement of the
Karnataka Minor Mineral Concession (Amendment) Rules, 2021” shall be
omitted; and
(ii) in sub-rule (2) for the words “average additional periodic payment” the words
“additional payment” shall be substituted.
28. Amendment of rule 31-Z.- In the said rules in rule 31-Z,-
(i) in sub-rule (2),-
(a) for the words “width of the river” the words “width of the existing river”
shall be substituted;
(b) after sub-rule (2) so amended, the following shall be inserted, namely:-
“Explanation: - “Existing river” means, the path of present flow of a river as
ascertained from satellite or Google imageries.”
(ii) after sub-rule (3) the following shall be inserted, namely:-
“Provided that if there is a possibility of replenishment of sand in the patta
land, the quarrying of sand in patta land may allowed within the five kilometers of
river bed mining.”
(iii) for sub-rule (7) the following shall be substituted, namely:-
“ (7) The licensee in addition to the royalty shall pay additional payment.”
29. Amendment of rule 31-ZA.- In the said rules in rule 31-ZA for sub-rule
(2) the following shall be substituted, namely:-
“(2) The permit holder, in additional to the royalty shall pay additional
payment for the sand disposed after removal of sand bars from the Coastal
Regulation Zone (CRZ) and the same shall be remitted to the Consolidated Fund of
the State.”
30. Amendment of rule 31-ZB.- In the said rules in rule 31-ZB,-
(i) in sub-rule (1), in clause (a) for the word “District” the word “Taluk” shall be
substituted.
(ii) after sub-rule (2), the following shall be inserted, namely:-
18
“(3) Regulation of sand removal from de-siltation of vented dams manually in
Non-CRZ areas of coastal Districts,-
(a) In Non-CRZ areas of coastal district, viz. Uttar Kannada, Dakshina Kannada
and Udupi Districts, the de-siltation of vented dams shall be allotted by way
of tender-cum-auction by the District Sand Committee amongst the
traditional sand extracting communities to be identified as specified in rule-
31-ZB.
(b) The grant of permission for de-siltation of vented dams in Non-CRZ areas of
coastal Districts shall be done as per the guidelines and tender document
issued and notified by the State Government from time to time.”
31. Amendment of rule 31-ZC.- In the said rules in rule 31-ZC,-
(i) for sub-rule (1), the following shall be substituted, namely:-
“(1) Notwithstanding anything contained in these rules in order to promote
manufactured sand (hereinafter referred as M-Sand) and to conserve natural sand
shall be granted quarry lease for persons who have already established or person
who hold a valid license (Form-CFE) for establishment of M-sand Unit to enable
them to produce M-Sand for the next thirty years.”
(ii) for sub-rule (2) the following shall be substituted, namely:-
“(2) Every application for grant of quarry lease as specified in sub rule (1)
shall be made in the Form-AQL along with the documents specified in the
guidelines by the Government from time to time, to the Commissioner or Director,
Department of Mines and Geology and shall be accompanied by non- refundable
application fee of rupees ten thousand per acre in the form of treasury challan:
Provided that,-
(a) quarry blocks identified by the Owner of M-sand unit or Form–CFE holder
within radius of 30 kilo metre from the present location of the unit;
(b) all the application received under sub rule-(1) of rule-31-ZC of the Karnataka
Minor Mineral Concession (Amendment) Rules, 2016 for production of M-
sand and pending consideration for grant of quarry lease shall be
considered and disposed in accordance with Karnataka Minor Mineral
Concession (Amendment) Rules -2023;
(c) an application under Form-AQL shall be made within a period of twelve
months from the date of commencement of the Karnataka Minor Mineral
Concession (Amendment) Rules-2023; and
(d) the grant of quarry leases under sub-rules (1) and (2) shall be done by the
Guidelines issued by the State Government from time to time.”
19
(iii) sub-rules (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) and (15) shall be
omitted.
32. Omission of rule 31-ZD.- In the said rules, rule 31-ZD shall be omitted.
33. Amendment of rule 31-ZE.- In the said rules, in rule 31-ZE,-
(i) for sub-rule (2), the following shall be substituted, namely:-
“(2) the provisions of the Chapter IV and V shall mutatis mutandis apply to
rule 31-ZC”; and
(ii) for sub-rule (3), the following shall be substituted, namely:-
“(3) The provision of Chapter IV and V shall also apply mutatis and mutandis to
sand to the extent that it is not inconsistent to provisions of rule 31-Z.”
34. Substitution of rule 32.- In the said rules, for rule 32 the following shall be
substituted namely:-
“32 Quarrying Licence.- (1) No persons in possession of private or patta lands
in Karnataka State and in whose lands sub soil minor minerals are situated shall
undertake quarrying operation of minor minerals in Private or patta lands except
with a quarrying licence granted under this chapter.
(2) Application for grant or renewal of quarrying licence in private or patta
land: Every application for grant or renewal of a licence to quarry with respect to
minor minerals in the private or patta lands shall be made in the Form-AQL and
Form-R respectively along with the documents specified in the guidelines issued
by the Government from time to time, to the jurisdictional Deputy Director or
Senior Geologist and shall be accompanied by non-refundable application fee of
rupees ten thousand in case of Specified Minor Minerals and rupees five thousand
in case of Non-specified Minor Minerals.
(3) Application received under sub-rule (2) shall acknowledged in Form-A.
The acknowledgment shall be sent to the applicant by registered post.
(4) The jurisdictional Deputy Director or Senior Geologist shall obtain no
objection certificates and reports as specified under sub-rule (5) of rule 8.
(5) Quarrying licence may be given to Registered GPA holders of private or
patta lands or for holders of consent in Form-CFQ from the owner of the Private
or patta lands to the effect that he has consent for quarrying minor mineral by the
applicant:
Provided that, this consent once given in the Consent Letter shall not be
withdrawn for any reason during the pendency of the application for grant of
quarrying licence or during the currency of the quarrying licence granted in favour
of the applicant.
20
(6) In case of all minor mineral jurisdictional Deputy Director or Senior
Geologist shall obtain recommendation from the District Task Force (Mines)
Committee before granting or renewing a quarry licence.
(7) Grant and Execution of licence in Private or patta land owner, Registered
GPA holder or Consent holders shall be done by the jurisdictional Deputy Director
or Senior Geologist as specified in rules 16, 17 and 18 of these rules.
(8) Before execution of a licence deed grantee shall submit approved
quarrying plan, Environmental Clearance, Land Conversion Order and other
statutory documents and fees as specified under these rules.
(9) The period for which a quarrying licence may be granted or renewed under
this chapter for a period of fifty years in case of specified minor mineral and thirty
years in case of non-specified minor mineral.
(10) All working permissions granted for Ornamental Stone quarrying in
private or patta land before commencement of the Karnataka Minor Mineral
Concession (Amendment) Rules, 2016 to be consider as quarrying licence from the
date of commencement of these rules:
Provided that, the jurisdictional Deputy Director or Senior Geologist shall
issue quarrying licence in Form-E and licensee shall registered the same as per
rule 18 of these rules.
(11 ) No licence shall be transfer without previous consent of the private or
patta land owner and concerned competent authority.
(12) The provisions of Chapters II and II-A and rules 13, 15-A, 16, 17, 19,
19-A, 19-B, 19-C, 19-D and Chapter VI, except proviso (b) of sub-rule (1) of rule
36 and sub-rule (5) of rule 36 , Chapter-VII, Chapter VIII and Chapter IX shall
mutatis mutandis apply to this chapter.”
35. Amendment of rule 36.- In the said rules, in rule 36,-
(i) in sub-rule (1), for fourth proviso the following shall be substituted,
namely:-
“Provided also that,-
(a) the State Government shall charge an additional payment in addition to
royalty, on all quarry leases granted through non auction route before or
after commencement of the Karnataka Minor Mineral Concession
(Amendment) Rules, 2016.
(b) the additional payment shall not be charged for leases or license granted
under rule-3-F and rule-32.
(c) when such royalty and additional payment is paid, then the payment made
by the lessee for the District Mineral Foundation Trust Fund shall be as
payable by the holders of lease or license through auction;
21
(ii)
in sub-rule (2), for the words “ six months”, the word “year”, shall be
substituted.
(iii)
for sub-rule (5), the following shall be substituted namely:-
“(5) Upfront payment for quarrying lease.- Not withstanding anything
contained in these rules the holder of quarry Lease in the lands belonging to State
Government shall pay one-tenth of the royalty amount of average permitted annual
production quantity mentioned in the environmental clearances in their validity
period in the form of performance bank security before execution of the lease:
Provided that,-
(a) the upfront payment shall be forfeited by concerned Deputy Director or
Senior Geologist if lessee fails to comply the conditions stipulated in approved
quarry closure plan and default in making all dues to the Government after the
expiry of quarry lease.
(b) the provision of this sub rule shall not be applicable to for quarrying license
granted under the provisions of rules 3-F and 32.”
36. Amendment of rule 39.- In the said rules, in rule 40 at the end after the
words “ Security deposit” the following shall be inserted, namely:-
“Provided that, All dues payable to the Government under these rules, if remain
unpaid, shall be recoverable as an arrears of land revenue”.
37. Amendment of rule 40.- In the said rules, in rule 40 for the first proviso
the following shall be substituted, namely:-
“Provided that,-
(a) The DGPS and Drone or Total Station Survey shall be conducted and
freeze the reference or reduced levels of the concession area prospectively through
the Karnataka State Remote Sensing Applications Centre (KSRSAC) or the
empanelled agency by the Karnataka State Remote Sensing Applications Centre
(KSRSAC) for the purpose of the systematic and scientific assessment of quantity
of minor mineral extracted and dispatched from the concession area.
(b) in case, the lessee or licensee fails to submit the required documents to
finalize the annual audit report or the information submitted are incorrect or the
Jurisdictional Deputy Director/ Senior Geologist has reasons to believe that the
lessee or licensee had evaded royalty.
(c) the Jurisdictional Deputy Director/ Senior Geologist shall after giving a
reasonable opportunity of being heard to the lessee or licensee, and to make such
enquiry and finalize the annual audit report based on the report of DGPS and Drone
or Total Station Survey through the Karnataka State Remote Sensing Applications
Centre (KSRSAC) or a empanelled agency by the Karnataka State Remote Sensing
Applications Centre (KSRSAC).
22
38. Amendment of rule 41.- In the said rules, in rule 41, for the words
“fifteen percent” the words “twelve percent” shall be substituted.
39. Amendment of rule 42.- In the said rules, in rule 42, after sub-rule (2)
the following shall be inserted namely:-
“(3) All minor mineral transporting vehicles shall install Global Positioning System
and shall transport minor mineral only in the approved route as indicated in the
computerized mineral dispatch permit:
Provided that, the minor mineral transport vehicles shall be registered with
the Integrated Lease Management System (ILMS) of Department of Mines and
Geology for monitoring purpose.”
40. Amendment of rule 43.- In the said rules, in rule 43, in sub-rule (6),
after the words “compounding fee”, the words “for Minor Mineral” shall be
inserted.
41. Amendment of rule 43-A.- In the said rules, in rule 43-A,-
(i) in the heading for the word “Seizing”, the word “Seizer” shall be substituted.
(ii) for sub-rule (1), the following shall be substituted, namely:-
“(1) Whenever any person without lease or licence raises or causes to be
raised, or stored without any lawful authority, any minor mineral from
any land, and for that purpose, uses any tool, equipment, vehicle or any
other thing, such minor mineral, tool, equipment, vehicle or any other
things shall be seized by an officer or authority empowered in this
behalf.”
(iii) in sub-rule (2), in the first proviso,-
(a) for the word “may”, the word “shall” shall be substituted; and
(b) for the words, figure and brackets “sub-rule (5)”, the words, figure and
brackets “sub-rule (1)” shall be substituted.
42. Amendment of rule 51.- In the said rules, in rule 51,-
(i) for sub-rule (5), the following shall be substituted, namely:-
“(5) Where the highest bid in an auction sale is complete in all respects and is
equal to or exceeds the minimum grade-wise price specified in Schedule-III,
the District Task Force (mines) Committee (hereinafter called as bid
confirming authority) shall accept the bid and shall issue confirmation or
acceptance order.”
(ii) for sub-rule (7), the following shall be substituted, namely:-
“(7) Immediately on the acceptance and confirmation of the bid, the bidder
shall remit the entire bid amount and obtain a receipt. It shall thereafter be
the responsibility of the bidder to arrange for protection and transport of the
auctioned mineral. The bidder shall transport the mineral from the auction
site within the time prescribed in the tender document:
23
Provided that, the successful bidder fails to transport the minor mineral within
the prescribed period in the tender document, the concerned jurisdictional
Deputy Director/Senior Geologist may condone the delay for the reasons to
be recorded in writing and shall allowed to transport the auctioned minor
mineral as deemed fit.”
43. Amendment of rule 53.- In the said rules, in rule 53,-
(i) in sub-rule (1), for the word “sixty”, the word “ninety” shall be substituted;
(ii) in sub-rule (2), for the word “sixty”, the word “ninety” shall be substituted;
44. Omission of rule 60.- In the said rules, rule 60 shall be omitted.
45. Substitution of Schedule-I.- In the said rules, for schedule-I and the
entries relating thereunder, the following shall be substituted, namely:-
“SCHEDULE-I
(See sub-rule (1) of rule 36)
Dead Rent
Sl.
No.
Name of the Mineral
Rate per
acre per
Annum for
Leases
granted in
Government
land and
Government
Gomala
land
(in rupees)
Rate per
acre per
Annum
for
Licence
granted
in Patta
Land
(in
rupees)
(1)
(2)
(3)
(4)
1.
Ornamental
and
Decorative
Building
Stones. As defined under
clause (m) of sub-rule (1)
of rule 2.
37,500/-
18,750/-
2.
Felsite and its varieties
suitable
for
use
as
Ornamental Stones
37,500/-
18,750/-
3.
Quarzite and Sandstone
and
their
varieties
suitable
for
use
as
Ornamental Stones
27,500/-
13,750/-
24
4.
Marble
and
crystalline
Limestone as Ornamental
Stones
37,500/-
18,750/-
5.
Bentonite
27,500/-
13,750/-
6.
Fullers Earth
27,500/-
13,750/-
7.
Limestone under the title
“SHAHABAD STONE”
16,500/-
8,250/-
8.
Limestone (Non-cement)
16,500/-
8,250/-
9.
Ordinary Building Stones
as
defined
under
clause (g) of sub-rule (1) of
rule 2,-
(a) Bangalore
Urban
and
Rural,Kolar, Mysore, Mandya
and
Tumkur,
chikkaballapura,
Ramanagar,
18,750/-
9,375/-
(b) Other Districts
11,000/-
5,500/-
10.
Lime Shell
16,500/-
8,250/-
11.
Lime Kankar
16,500/-
8,250/-
12.
Agate, Chalcedony
16,500/-
8,250/-
13.
Ordinary
Sand
Entire
State
11,000/-
5,500/-
14.
Brick and Tile clays
5,500/-
2,750/-
15.
Steatite used for making
household articles
11,000/-
5,500/-
16.
Sandstone
used
for
making household articles
11,000/-
5,500/-
17.
Murram
4,000/-
2,000/-
18.
Ball clay, Fire clay
11,000/-
5,500/-
19.
Barytes
11,000/-
5,500/-
25
20.
Calcareous Sand
16,500/-
8,250/-
21.
Calcite and Gypsum
16,500/-
8,250/-
22.
Chalk
5,500/-
2,750/-
23.
China clay and Kaolin
27,500/-
13,750/-
24.
Clay (others)
16,500/-
8,250/-
25.
Corundum
37,500/-
18,750/-
26.
Diaspore
11,000/-
5,500/-
27.
Dolomite
16,500/-
8,250/-
28.
Dunite or Pyroxenite
27,500/-
13,750/-
29.
Quartz,
Feldspar
and
Mica
16,500/-
8,250/-
30.
Quartzite and Fuchsite
Quartzite
16,500/-
8,250/-
31.
Jasper
16,500/-
8,250/-
32.
Laterite
11,000/-
5,500/-
33.
Ochre
16,500/-
8,250/-
34.
Ordinary Building Stone
used for M-sand purpose
35,000/-
17,500/-
35.
Pyrophylite
11,000/-
5,500/-
36.
Shale and Slate
27,500/-
13,750/-
37.
Silica Sand
27,500/-
13,750/-
38.
Steatite
or
Talc
or
Soapstone
37,500/-
13,750/-
39.
Sand (Others)
16,500/-
8,250/-
40.
All other minor minerals
5,500/-
2,750/-
”
26
46. Amendment of Schedule-II.- In the said rules, in the schedule-II, after
serial no. 10 and the entries relating thereto, the following shall be inserted,
namely:-
“
10-
A
Building
Stone
generated
during
construction
of
irrigation canals
-
Rs.30 per
MT
”
47. Substitution of Schedule II-A.- In the said rules, for schedule II-A and
the entries relating thereunder, the following shall be substituted, namely:-
“SCHEDULE II-A
(See rule 15-A)
Minimum area for grant of quarry lease
Sl.
No.
Name of the Minor Mineral
Minimum area
(in
Acres/Guntas)
1.
Ornamental and decorative building stones,
As defined under clause (m) of sub-rule (1) of
rule 2.
2-00
2.
Felsite and its varieties suitable for use as
Ornamental Stones
2-00
3.
Quartzite and sandstone and their varieties
suitable for use as Ornamental Stones
2-00
4.
Marble
or
crystalline
Limestone
as
Ornamental Stone
2-00
5.
Bentonite
2-00
6.
Fullers Earth
2-00
7.
Limestone under title “Shahabad Stone”
2-00
8.
Limestone (non-cement)
2-00
9.
Ordinary Building Stone as defined under
clause (g) of sub-rule (1) of rule 2.
2-00
10.
Lime Shell
2-00
27
11.
Lime Kankar
2-00
12.
Agate and Chalcedony
2-00
13.
(a) Ordinary Sand in river bed mining (other than
Dakshina Kannada, Udupi and Uttarakannada
Districts)
12-20
(b) Ordinary sand mining river bed mining in costal
districts vizDakshina Kannada, Udupi and
Uttarakannada Districts
1-00
(c) Ordinary Sand mining in patta lands
5-00
14.
Brick and title clays
2-00
15.
Steatite used for making household articles
1-00
16.
Sandstone used for making household
articles
2-00
17.
Murram
2-00
18.
Ball clay, Fire clay
2-00
19.
Barytes
2-00
20.
Calcareous Sand
2-00
21.
Calcite and Gypsum
2-00
22.
Chalk
2-00
23.
China clay and Kaolin
2-00
24.
Clay (others)
2-00
25.
Corundum
2-00
26.
Diaspore
2-00
27.
Dolomite
2-00
28.
Dunite or Pyroxenite
2-00
29.
Quartz, Feldspar and Mica
2-00
30.
Quartzite and Fuchsite Quartzite
2-00
31.
Jasper
2-00
28
32.
Laterite
2-00
33.
Ochre
2-00
34.
Pyrophyllite
2-00
35.
Shale and Slate
2-00
36.
Silica Sand
2-00
37.
Steatite or Talc or Soapstone
2-00
38.
All other minor minerals
2-00
”
48. Substitution of Schedule III.- In the said rules, for schedule III and the
entries relating thereunder, the following shall be substituted, namely:-
“SCHEDULE - III
(see sub-rule (2) of rule 47)
Minimum rate per unit volume or weight of Minor Minerals
Sl.
No.
Classification
Code (As per
Form “O”)
Unit of
Measurement
Minimum
rate
1.
Lst
Tonnes
Rs.120/tonne
2.
Lsh
Tonnes
Rs.200/tonne
3.
(i) Bst-1
(ii) Bst-2
(iii) Bst-3
Tonnes
Number
of
Stones
Tonnes
Rs.200/tonne
Rs.5/size
stone
Rs.150/tonne
4.
Pbl
Tonnes
Rs.200/tonne
5.
Cly
Tonnes
Rs.60/tonne
6.
Flr
Tonnes
Rs.350/tonne
29
7.
(i) B(O)
(ii) B(M)
Number
of
Bricks
Number
of
Bricks
Rs.6/
per
Bricks
Rs.8/
per
Bricks
8.
Sh. St
10 Sq.Mt
Rs.400/-
9.
Granites
(1) (a) BLG-1
(b) BLG-2
(c) BLG-3
(d) BLG-4(i)
(e) BLG-4(ii)
(f) BLG-5
(2) (a) PNG-1
(b) PNG-2
(c) PNG-3
(d) PNG-4(i)
PNG-4(ii)
(e) PNG-5
(3) (a) PGM-1
(b) PGM-2(i)
PGM-2(ii)
(4) (a) GRG-1
(b) GRG-2
(c) GRG-3
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt
Cu.Mt.
Cu.Mt
Cu.Mt.
Cu.Mt.
Cu.Mt
Cu.Mt.
Rs.1500/-
Cu.mt
Rs.3000/-
Cu.mt
Rs.6000/-
Cu.mt
Rs.8,000/-
Cu.mt
Rs.15,000/-
Cu.mt
Rs.4,000/-
Cu.mt
Rs.1,000/-
Cu.mt
Rs.3,000/-
Cu.mt
Rs.4,000/-
Cu.mt
Rs.8,000/-
Cu.mt
Rs.15,000/-
30
(d) WYG
Cu.Mt.
Cu.mt
Rs.4,000/-
Cu.mt
Rs.1,500/-
Cu.mt
Rs.3,000/-
Cu.mt
Rs.4,000/-
Cu.mt
Rs.1,000/-
Cu.mt
Rs.3,000/-
Cu.mt
Rs.7,000/-
Cu.mt
Rs.2,500/-
Cu.mt
10.
All
other
minor
minerals
Cu.Mt./Mt
Equal to five
times royalty
as specified in
schedule-II of
Rule-36
”
49. Omission of Schedule-IV.- In the said rules, the schedule-IV shall be
omitted.
50. Insertion of new Forms.- In the said rules, after Form-R and entries
relating thereunder, the following new forms shall be inserted, namely:-
31
“FORM –RMM
(see sub-rule (2) of rule 15-B)
Application for Registration / Renewal of Mineral (Minor) Based Industry
To:
The Deputy Director/Senior Geologist,
Department of Mines and Geology,
…………………..District.
Sir,
I/we request you to kindly register my Mineral (Minor) Based Industry
under Rule 15-B(2) of the Karnataka Minor Mineral Concession Rule 1994 , for
the purpose of using Minor minerals in my/our industry.
(2) A sum of Rs.10,000/- being the fee for registration payable under sub-rule (2)
of Rule 15-B of the said Rules have been deposited vide Challan No…………..,
dated……….. of the Bank /Treasury.
(3) The required particulars are given below:
(i) Name of the Applicant/Industry;
(ii) Locality/Address of the Industry;
(iii) Is the Industry owned by a private individual/co-operation/private company/public
company /public sector undertaking / joint sector undertaking or any other (Please
specify).
(iv) Nature of Industry:
(v) Name of the mineral/minerals likely to be used.
(vi) Nature of finished product.
(4) Period for which registration is required;
(5) In case of renewal, the No. and date of original registration.
(6) Following documents are enclosed:
A copy of the letter issued from the Industry Department, KSPCB Clearance,
concerned Tax registration certificate, Income Tax Clearance Certificate, Affidavit,
etc.
I/we do hereby declare that the particulars furnished above are correct and
am/are ready to furnish any other details as may be required by you.
Place:
Your Faithfully,
Date:
(Signature of the applicant)
32
FORM –LMI
(see sub-rule (3) and (4) of rule 15-B)
REGISTRATION CERTIFICATE
This is to certify that following Minor Mineral Based Industry has been
registered in the Department of Mines and Geology.
Registration No. DMG/
Name: Sri/Smt./M/s.:
Industrial Unit Address:
GPS Co-ordinates of Industrial Unit:
GST Registration No:
PAN card No:
CIN No:
IEC Code No:
This Certificate has been issued under sub-rule (3) and (4) of rule-15-B of
the Karnataka Minor Mineral Concession Rules, 1994, This certificate is valid up
to ------------------------------------------------.
The Deputy Director/Senior Geologist,
Department of Mines and Geology,
…………………..District.
Date:
Place:
33
FORM – MYR
(see sub-rule (6) of rule 15-B)
Yearly returns by minerals based industry
Name of the Industry:
Registration No.
Location/Address:
Minor Mineral Used:
Mineral Used:
Sl.
No.
Date/
Month
Opening
stock in
M.Tons/
CBM
Grade/Types
Obtained
from Lease
No./Trader
Qty.
obtained/
purchased in
M.Tons/CBM
(1)
(2)
(3)
(4)
(5)
(6)
Grade
Obtained
purchased from
lease no./Trader
Royalty paid
/permit no.
Qty. processed
in m.tons/CBM
Balance
quantity in
m.tons/CBM
(7)
(8)
(9)
(10)
(11)
Note:-Monthly returns shall be filed separately for each mineral.
34
FORM -AAM
(see sub-rule (11) of rule 15-B)
Notice for Annual Auditing of Mineral Based Industry
Name and Address of the Industry
Registration No. and year.
Accounts of minor minerals used in your industry and stock will be audited
by the undersigned on ---- you are here by directed to produce the following
documents for annual auditing and verification.—
(a) Books of accounts of minor mineral used.
(b) Ledgers
(c) Copies of permits for having procured minor minerals from various source.
(d) Details of monthly consumption of minerals.
(e) Sale not for having sold the finished products.
(f) Labour register
(g) Monthly returns copies
(h) Audited balance sheets.
Place:
Date:
Authorised Officer”
35
52. Substitution of Form AQL.- In the said rules, for Form AQL and the
entries relating thereto, the following shall be substituted, namely:-
“FORM-AQL
(See rules 3B, 3D, 3E, 3F,8-B 9, 9C, 31C, 31U, 31-U,31-Z, 31-ZC and 32)
Application for Grant of Quarry Lease/Quarrying License/
Composite License
for_______________________________ (Name of the Minor Mineral).
(To be submitted in duplicate with sketches in triplicate)
Received at _______________________(Place), on ________________ (date) and entered
in the Register (FORM-QLA/RAQP), Vol-No._____________ at serial
No._______________ on Page No.___________________.
Signature and
Designation of receiving Officer.
FROM:
__________________
__________________
__________________
__________________
APPLICANT
PHOTO
36
TO:
The Commissioner or Director
Dept. of Mines and Geology,
Bangalore/Deputy Director or Senior Geologist,
------------------------------ District.
Sir,
I/We submit an application for grant of Quarry Lease/Quarrying
License/Composite License for quarrying (Minor Mineral) for a period of ( )
years over an extent of acres/guntas/cents of land in the area specified in this
application.
A total sum of rupees /- being the Security Deposit calculated at
rupees /- per acre and rupees /- being the application
fee has been paid to Government vide Treasury Challan& Date for rupees /-
and rupees /-respectively.
The required particulars are given below:
1.
Name of the applicant with
permanent address, And
correspondence address in full
(Address Proof shall be enclosed)
and Mobile / Land line Number
and e-mail ID.
2.
Is the applicant a
Individual/Government
Company/ Firm/Association or
Registered Co-operative Society.
3.
a) Names of the
Directors/Members/ Partners
and their Nationality.
b) Nationality of the Individual
applicant .
4.
Place and Address of Registration
of the company/
Firm/Association or Registered.
Co-operative Society.
(Registered Document shall be
enclosed)
37
5.
Profession or nature of business
of the applicant
6.
Minor Mineral which the
applicant intends to Quarry(If it
is any type of granite, description
of colour and texture/structure
be given in brief)
7.
Period for which quarrying
lease/License is required as per
rules.
8.
Details of Area applied for:
District
Taluk
Village
Block
No.
&Sy.No
Extent and Type of
land
(to be supported by)
a.
Ammonia print of village
Plan/Forest land in triplicate on
scale 1”= 660 ft showing the area
applied with DGPS Co-ordinates
b.
R.R. Extract/Village Map in original
(Clearly state whether it is Patta/
Revenue/ Forest land)
c.
Certified copies of documents to
establish that the applied area is a
patta land /granted patta land and
that the applicant has full
ownership rights in the minor
mineral found in the applied area.
(in case of patta land registered
GPA or Consent Letter (CFQ) land
owner if necessary)
9.
Particulars of areas, mineral-wise,
already held under quarrying lease
or License or working permissions
or under Court order in individual
38
capacity or partner/
Director/Member of any company/
Firm/ Association/Registered Co-
operative Society.
District
Taluk
Village
Sy.No
Extent and Type of
land
10.
Particulars of areas, mineral wise,
already held quarrying lease /
License / working permission in
individual name or as a partner /
Director / member of any
company / Firm / Association /
Registered Co-operative Society.
District
Taluk
Village
Sy.No.
Extent and Type of
land
11.
Whether any new major/minor
mineral has been discovered in the
held leased area or the existing
mineral will be used as a different
end product if so give details.
12.
Particulars of areas, mineral wise,
already applied for quarrying lease
or License in individual name or as
a partner/ Director/ member of any
company/ Firm/ association/
Registered Co-operative Society.
District
Taluk
Village
Sy.No.
Extent and Type of
land
13.
Particulars of areas, mineral wise,
already applied for quarrying lease
or License in individual name or
as a partner/ Director/ member of
any company/ Firm/ association/
Registered Co-operative Society.
39
District
Taluk
Village
Sy.No.
Extent and Type of
land
14.
If the applicant, on the date of
application does not hold any
quarrying lease or License or working
permission for quarrying or any area
under Court Order an affidavit to this
effect should be furnished with this
application.
15.
Proposed method of quarrying and
Investment.
(a) Mechanised/quasi mechanised/
Manual.
(b) Investment in accordance with(a)
16.
Whether the applicant is the owner of
an any mineral based industries or
intent to establish any mineral based
industries that use minor minerals
as raw material in the State. (see
schedule-1B)
If so furnish details regarding:
(a) Name of the Unit:
(b) Date of establishment:
(c) Location and Address of the
unit:
(d)Capacity of the unit in terms of
production.
17.
Whether the applicant belongs to
Scheduled Caste/Scheduled Tribe or
Registered Society of such persons,
/physically challenged (Physically
disabled)/ economically weaker
section and traditional quarry
operator by Profession/Others.
40
18.
If so, persons belonging to Scheduled
Caste/Scheduled Tribe or Registered
Society of such persons, /physically
challenged (Physically disabled)/
economically weaker section and
traditional quarry operator by
Profession shall produce a Certificate
from the concerned TalukTahsildar
or concerned competent authority.
19.
Financial resources of the applicant
furnish Banker’s credit certificate.
20.
Payment details:
(i) EMD
Amount paid:
Payment mode: Treasury
Challan/RTGS/NIFT
Details of payment:
(ii)
Application fee
Amount paid:
Payment mode: Treasury
Challan/RTGS/NIFT
Details of payment:
(iii) Processing Fee
Amount paid:
Payment mode: Treasury
Challan/RTGS/NIFT
Details of payment:
21.
Turnover of the applicant during the
last 5 years [rupees in lakhs]:-
(1) .....................year
(2) .....................year
(3) .....................year
(4) .....................year
(5) .....................year
To be supported by Certificate from
Charted Accountant.
22.
Positive Net worth of the applicant
during last 3 years [rupees in lakhs]:-
.....................year
41
.....................year
.....................year
To be supported by Certificate from
Charted Accountant.
23.
Does the applicant has convicted of
any offence involving moral turpitude
/ illegal mining activity?
24.
Bankers reference, if any
25.
Brief write up about the
Company/firm/individual
26.
Particulars of areas, mineral wise
already applied and holding quarry
leases
27.
Proposed method of quarrying and
investment
(a) mechanized/quasi/manual
(b) investment in accordance
28.
Clearance Certificate with respect to
royalty, dead rent, surface rent and
any other dues towards department.
29.
Does the applicant holds office of
profit: Yes/No
30.
Does the applicant has convicted of
any offence involving moral turpitude
/ illegal mining activity?
31.
Any other relevant information like;
(i) Duly registered GPA document, if
the application is filed by the GPA
holder.
(ii) Authorization letter to represent
Firm/company etc., along with
board resolution to this effect.
32.
Any other particulars which the
applicant wishes to furnish.
42
DECLARATION
I/We hereby declare that:-
(a) The particulars submitted/uploaded are factual and correct and we are agreeable to
furnish any other information/details, plans sketches etc. as may be required by
Competent Authority,
(b) I/We agree and declare that I/we are fully familiar with the terms and conditions of the
tender cum auction process as notified by Government / District Sand Committee
………………….. District and agree to abide by the terms and conditions issued by
Government / District Sand Committee………………….. District.
(c) Delete whichever is not applicable.
Date: [Signature of the Applicant/ Bidder]
Place: [Name with Full address]”
53. Substitution of Form A.- In the said rules, for Form A and the entries
relating thereto, the following shall be substituted, namely:-
“FORM-A
(See rules 3B, 3D, 3E, 3F,8-B 9, 9C, 31C, 31U, 31-U,31-Z, 31-ZC and 32)
ACKNOWLEDGEMENT FOR RECEIPT OF APPLICATION FOR GRANT OF
QUARRY LEASE/QUARRYING LICENSE/COMPOSITE LICENSE
Received one application for ......................................(name the minor mineral) in
Sy.No...................
Extent......................(Revenue
land/Forest
land/Patta
land
in.............Village, of ...........Taluk of.......... District from Sri/M/s................ on
(date)...................
Enclosures are as follows:
(1)
(2)
(3)
(4)
(5)
Place:
Date:
Signature of the
Competent Authority
To…....................………………………...
.....................…….……………………….
....................……….……………………..
...................................................................
43
54. Substitution of Form E.- In the said rules, for Form E and the entries
relating thereto, the following shall be substituted, namely:-
“GOVERNMENT OF KARNATAKA
FORM-E
[See sub-rule (1) of rule18]
QUARRYING LEASE/LICENCE
(Specified/Non-specified Minor Mineral)
The INDENTURE made this ................................day of ..........20 .
BETWEEN THE GOVERNOR OF KARNATAKA, (Hereinafter referred to as the "State
Government" which expression shall, where the context so admits be deemed to
include his successors in office and assigns) of the one part and when the
lessee/licensee is an individual.
(1) When the lessee/licence is an individual:
(Name
of
person)...........................................................................of
(Address
and
occupation)
......................................................
................................................... ............... ................................. .... (hereinafter
referred to as "the lessee/licensee" which expression shall, where the context so
admits, be deemed to include his heirs, executors, administrators, representative
and permitted assigns).
(2) When the lessees / licensees are more than one individual,-
(1) (Name of person) ......................................................................of
(Address and occupation) .............................................................................and
(Name of person)........................................of (address and
occupation)........................ of address and occupation
.......................................and
(2) (Name of person) .............................................. (hereinafter referred to as
"the lessee/licensee" which expression shall, where the context so admits, be
deemed to include their respective heirs, executors, administrators, representatives
and other permitted assigns).
(3) When the lessee/licensee is a registered firm:
Name of registered firm...................................................................... and Name of
person/
firm
.......................................
of
(address)..............................................and
(Name
of
person)
.......................................................... of (address) ......................................... all
carrying
on
business
in
partnership
at
(address
of
the
firm
or
syndicate)...................................
registered
under
(Act
which
registered).......................(hereinafter referred to as "the lessee/licensee" which
expression shall, when the context so admits, be deemed to include all the partners
44
of the said firm their representatives, heirs, executors, administrators and
permitted assigns).
(4) The lessee / licence is a registered company:
Name
of
registered
Company...................................................a
company
registered
under
(Act
under
which
incorporated).....................................................................................and
having
its registered office at (address).......................................................................
(hereinafter referred to as "The lessee/licensee" which expression shall, where the
context so admits, be deemed to include ,its successors and permitted assigns). (4)
of the other part.
WHEREAS "the lessee/licensee has/have applied to the Competent Authority
concerned in accordance with the Karnataka Minor Mineral Concession Rules
1994, (hereinafter referred to as the said rules) for a quarrying lease/quarrying
licence for ....................... ........ ...... ...... ...... ...... ...... ...... ... ........ in respect of
the lands described in PART I of the Schedule here under written and has/have
deposited
with
the
State
Government
the
sum
of
rupees..................................................................as security; AND
WHEREAS the Competent Authority, Dept. of Mines and Geology has
communicated his approval to the grant of this lease/licence.
Whereas the lessee has offered the highest bid of rupees. ………………….. (in
words Rupees ……………………………………………….) in the bid/auction held on
…………… for obtaining a quarry lease for …………………………. (name of minor
minerals) and such bid had been accepted by the officer authorized in this behalf
and the lessee has deposited with the Government, a sum of rupees…………… (in
words rupees ……………………………………………….) as performance guarantee
(……% of the annual bid amount for the annual consented quantity fixed in
Environment Clearance) and Shri/Smt/M/s…………………………… resident of
…………………………………………………………………………….Taluk,
……………………………….District ……………….. (referred to as the ‘surety’ which
expression shall where the context so admits, include his heirs, executors,
administrators, representatives) has been offered as solvent surety for the aforesaid
amount and whereas the lessee is in possession of a Income Tax Clearance
Certificate.
NOW THIS LEASE WITNESSETH that in consideration of the rents and
royalties, covenants and agreements by and in these presents and the schedule
hereunder written reserved and contained and on the part of” the lease/licence" to
be paid observed and performed, the State Government hereby grants and demises
up
to"
the
lessee/licensee"
comes
all
those
the
quarries/mines/strata/veins/streams
and
beds
of
...........................................(here state the minerals) hereinafter and in the
scheduled refers 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 the liberties,
powers and privileges to be exercised or (enjoyed in connection herewith which are
45
mentioned in PART II of the schedule subject to 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 are the
demise up to the State Government the liberties, powers and privileges mentioned
in PART IV of the said Schedule TO HOLD the premises hereby granted and
demised
up
to
"the
lessees/licensees
from
the
.......................................................... day of ..............................................20
........................ for the term of ..............................................years hence next
ensure YIELDING AND PAYING of up to the State Government the several rents
and royalties mentioned in PART V of the said Schedule at the respective times
herein specified subject to the provisions contained in PART VI of the Schedule and
the lessee/lessees/Licensee/Licensees hereby/covenant/covenants with the State
Government as in PART VII of the said Schedule expressed and the State
Government hereby covenants with the lessee/lessees in PART VIII of the Schedule
is expressed AND it is hereby mutually agreed between the parties hereto as in
PART IX of the said Schedule is expressed.
IN WITNESS WHEREOF 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 THIS LEASE/LICENCE
LOCATION AND AREA OF THE LEASE/LICENCE
All that tract of lands situated.......................................................
(village/town) description of area or areas) ................................. in (Mahal/Taluk)
in...............................the Registration District .........Sub-district.....and
District................bearing S.Nos/F.S.Nos/Forest Coup Nos)
............................containing an area of.............................there about delineated
in plan hereto annexed and there on coloured.........................and bounded as
follows:
On the North by
On the South by
On the East by and
On the West of
hereinafter referred to 'the said lands'
46
PART II
LIBERTIES, POWERS AND PRIVILEGES TO BE EXERCISED AND ENJOYED
BY
THE LESSEES/LICENSEES SUBJECT TO THE RESTRICTIONS AND
CONDITIONS
IN PART III
1. To enter upon land and search for mine work etc.,
Liberty and power at all times during the term hereby demised to enter upon said
lands and to search for, mine, quarry, bore dig, drill for win, work, dress, process,
convert, carry away and dispose of the said mineral, minerals.
2. To sink, drive and make pits shafts and inclines etc.,
Liberty and power for or in connection with any of the purposes mentioned in this
part to sink, drive, make, maintain and use in the said lands any pits, shafts,
inclines, drifts, levels, water ways and other works.
3. To bring and use machinery, equipment, etc.,
Liberty and power for or in connection with any of the purposes mentioned in this
to erect, construct and maintain and use on or under the said lands any engines,
machinery plant dressing- floors, furnaces, coke ovens, brick-kilns work-shops,
store-houses, bungalows, godowns, sheds and other buildings and other works and
conveniences of the like nature on or under said lands.
4. To make roads and ways etc., and use existing roads and ways.
Liberty and power for or in connection with any of the purposes mentioned in this
part to make any tramways, railways, roads and other ways in or over the and said
lands and to use, maintain and go and repass with or without horses, cattle,
wagons, locomotives or other vehicles over the same (or any existing tramways,
railways road and other ways in or over the said lands) on such conditions may be
agreed to.
5. To get building and road materials etc.,
Liberty and powers for or in connections with any of the purposes mentioned in
this part to quarry and get, ordinary building stone and gravel and other building
and road materials (except that of specified minor minerals) and ordinary clay and
to use and employ the same and to manufacture such ordinary clay into bricks or
tiles and to use such bricks or tiles but not to sell any such material, bricks or tiles
on payment of royalties prescribed in the said rules.
(Bracketed portion to be deleted in cases the lease/licence is for specified minor
mineral)
6. To use waters from streams etc.,
Liberty and power for or in connection with any of the purposes mentioned in this
part but subject to the rights of any existing or future lessee/ licensee and with the
written permission ............................... .(any officer authorised by the State
47
Government in that behalf) to appropriate use of water from any streams, water-
courses, springs or other sources in or upon the said lands and divert, step up or
dam any such stream or water-course and collect or impound any such water and
to make, construct and maintain any water course, culverts, drains or reservoirs
but not as to deprive any cultivated lands, villages, buildings, or watering places
for livestock of a reasonable supply or water as before accustomed nor in any way
to foul or pollute any stream or springs. Provided that the lessee/licensee shall not
interfere with the navigation in any navigable stream nor shall divert such stream
without the previous written permission of the State Government.
7. To use and for stacking, heaping or depositing purposes.
Liberty and power to enter upon and use a sufficient part of surface of said lands
for the purpose of stocking, heaping, thereon any produce of the mines, quarries
or works carried on and any equipment, earth and materials and substances dug
or raised under the liberties and powers mentioned in this part.
8. Beneficiation and carrying away.
Liberty and power to enter upon and use a sufficient part of the said land to
beneficiate, process, dress, convert the said minerals, produced from the said lands
and
to
carry
away
such
beneficiated/processed,
dressed,
converted
mineral/minerals.
9. To clear brush-wood and to fell and utilise trees, etc.,
Liberty and power for or in connection with any of the purpose mentioned in this
part to fell and use any timber or trees or brush wood now standing or which
hereafter may be standing upon the reserved forest land, included within the said
lands,
provided
that
not
more
than...
....................
..
....
.......................................................square metres or such reserved forest land
shall be cleared in any one year nor the same place of tender than once in every
year and, provided that, the previous permission in writing from the Forest
Department under Forest Department is obtained which permission shall be
granted by the Forest Department from time to time for an area, not
exceeding..........................................acres at a time on written application of the
lessees/licensees to the effect that the lessees/licensees requires/require the
additional area for bonafide and immediate extension of quarrying operation under
this lease/licence and provided also that the exercise of the liberty and power
expressed in this clause shall be subject to the observance of the terms and
condition contained in the other part of this schedule.
10. Special conditions for river bed mining:
In case of river bed mining, in order to ensure safety of river-beds, structure
and the adjoining areas, the following special conditions shall be abide by the lease
holder:-
(a) No mining would be permissible in a river-bed up to distance of five times of the span
of a bridge on up-stream side and ten times the span of such bridge on down-stream
side, subject to a minimum of 250 meters on the up-stream and 500 meters on the
downstream side.
48
(b) There shall be maintained an un-mind block of 50 meters width after every block of
1000 meters over which mining, is undertaken or at such distance as may be directed
by the competent authority:
(c) The maximum depth of mining in the river-bed shall not exceed three meters measured
from the un-mind bed level at any point in time with proper bench formation:
(d) Mining shall be restricted within the central 3/4th width of the river/rivulet.
(e) No mining shall be permissible in an area upto a width specified by the competent
authority from the active edge of embankments:
(f) Any other condition(S), as may be required by the competent authority in public
interest.
PART III
RESTRICTIONS AND CONDITIONS ASTO THE EXERCISE OF THE LIBERTIES,
POWERS AND PRIVILEGES IN PART II.
1. No building etc. upon certain places.
No building or thing shall be erected, set up, placed and no surface operations shall
be carried on in or 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 affect any building, work, property or
rights of other persons and no land shall be used for surface operations which is
already occupied by persons other than the Government for works or purposes not
included in this lease/licence. They shall 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/ licensee shall give to the Competent Authority, sixty
days previous notice in writing specifying the name or other designation of the
situation and the extent 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 Competent Authority within one month after the 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.
(a) The lessee/licensee shall not cut or injure any tree in the leased/licensed areas
without the previous sanction in writing of the Competent Authority.
(b) Notwithstanding anything contained in sub-clause (a) the lessee/licensee shall
not cut or injure any tree in leased/licensed area falling within reserved/protected
forest without the previous permission in writing from the Forest Department or
the Officer authorised by the Forest Department in this behalf.
4. Permission for surface operations in a land not already in use.
49
Save as Provided in clause 9 PART II of this Schedule, the lessees/licensees shall
not without the previous sanction from the Forest Department cut down or injure
any timber or trees on the said lands but, may, without such sanction clear away
any brush-wood or under-growth which interferes with any operations authorised
by these presents and notwithstanding anything contained in this schedule shall
not enter upon any reserved forest included in the said lands without seven days
previous notice in writing to the Forest Department or the officer authorised by
the Forest Department.
5. No mining operations within 50 meters of public works etc.,
The lessee/licensee shall not work or carry on or allow to be worked or carried on
any quarrying operations at or to any point within a distance of 50 meters if no
blasting is involved from the boundary of any railway line except with the previous
written permission of the Railway Administration concerned or from the boundaries
of reservoir, canal, high tension electric line or other public works or buildings or
inhabited site except with the previous permission of Government or any other
officer authorised by the Government in this behalf and otherwise than in
accordance with such instructions, restrictions and conditions and either general
or special which may be attached to such permission. The said distances of 50
meters or 200 meters shall be measured in the case of railway, reservoir or canal
horizontally from the outer toe of the bank of the outer edge of the cutting as the
case may be and of building horizontally from the plinth thereof.
6. No mining operations without requisite clearance:
The Lessee or Licence shall not undertake any quarrying operations in the
area granted quarrying lease/licence without obtaining approved quarrying plan
and Environmental Clearance from the concerned authority as required for
undertaking quarrying operations.
7. Facilities for adjoining Government licenses and leases.
The lessee/licensee shall allow existing and future holders of Government licenses
or leases over any land which is comprised in or adjoins or is reached by the land
held by the land held by the lessee/licensee reasonable facilities of access thereto.
Provided that no substantial hindrance or interference shall be caused by such
holder of licenses or leases to the operations of the lessee/licensee under these
presents and the lessee/licensee shall be entitled to compensation as may be
mutually agreed upon between the lessee/licensee and such holders and in the
event of disagreement such fair compensation may be determined by the
Competent Authority or any other officer authorised by the State Government in
respect of all loss or damage sustained by the lessee/licensee by reason of or the
exercise of this liberty.
If the said lands or part thereof are forest lands, the lessees/licensees shall take
all steps to ease the slopes and restore top soil in lands worked out, exploited or
50
mined and it shall be open to the Government to afforest such lands even during
existence of the lease.
8. Protection of environment:- Every holder of a quarrying Lease/Licence or a lease
shall take all possible precautions for the protection of environment and control of
pollution while conducting quarrying, mining or processing minor mineral in the
area for which such license lease is granted.
9.Removal and utilization of top soil:-
(1) Where top soil exists and is to be excavated for quarrying operations for minor
mineral, it should be removed separately.
(2) The top soil so removed shall be utilized for restoration and rehabilitation of the
land which is no longer required for quarrying 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 nearby area.
10. Storage of overburden, waste rock etc:-
(1) The overburden, waste rock and non-saleable minor mineral generated during
quarrying 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 course.
(3) Wherever possible, such waste rock or overburden or other rejects, shall be
backfilled into the worked out minor mineral quarry, where minor mineral has
bee recovered up-to the optimum depth, with a view to restore the land to its
original use or desired alternate use, as for as possible and where the backfilling
is not feasible, the waste dumps shall be suitably terraced and stabilized by
planting vegetation or otherwise.
1. (i) Reclamation and Rehabilitation of lands:-Every holder 0f Quarrying lease/ licence
shall undertake the phased restoration, reclamation and rehabilitation of land affected
by quarrying or mining operation and shall complete this work before the completion
of such operations and abandonment of quarrying.
(ii) Restoration, Reclamation and Rehabilitation in a cluster:-Where large number of
small mines are situated and worked out in clusters, at such places the provisions
of quarrying of minor minerals should be done in a systematic and scientific
manner. The programme of restoration and reclamation of the mined out area and
rehabilitation mush be made jointly in phased manner in the abandoned areas in
the 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.
2. Precaution against air pollution:-Air pollution due to dust, exhaust emissions or fumes
during prospecting, mining or processing operations for minor minerals and related
51
activities shall be controlled and kept within permissible limits specified under any
environmental laws for the time being in force.
3. Discharge of effluents:- Every holder of a prospecting license or a lease shall take all
possible precautions to prevent or reduce to a minimum the discharge to toxic and
objectionable liquid effluents from minor mineral quarry, workshop or processing plant
into surface of ground water bodies and usable lands. These effluents shall conform to
the standards laid down in this regard.
4. Precaution against noise:-Noise arising out of quarrying, mining and processing
operations for minor mineral shall be abated or controlled by the holder of quarrying
lease/license or a lessee at the source so as to keep it within the permissible limits.
5. Permissible limits and standards:-The standards and permissible limits of all
pollutants, toxins and noise referred to in Rule-48, 49 and 50 above shall be those
notified by the concerned authorities under the provisions of the relevant status from
time to time.
6. Restoration of Flora: - (1) Every holder quarrying lease/license shall carry out quarrying
or mining operations as the case may be, in such a manner so as to cause least damage
to the flora of the area held under quarrying lease/license in the nearby area.
(i)Take immediate measures for planting in the same area or any other area selected
by concerned authority or Regional Office of MOEF or the authorized officer not less
than twice the number of trees destroyed by reason of any quarrying operation.
(ii) Look after them during the subsistence of the license or lessee after which these
trees shall be handed over to the state Forest Department or any other authority as
may be nominated by the State Government.
(iii) Restore, to extent possible, other flora destroyed by quarrying lease/license.
7. Details regarding water management:- (a) Accumulated non-potable rain water shall be
dewatered and diverted to nearby pond/aquifer/river/nallah, catchment area by
providing suitable pipeline or drains or link canals or water harvestings, as the case
may be without harming the environment.
(b) if quarry depth intercepts the ground water table, necessary consultation be
made with central groundwater board/State groundwater Department and
implement such of the suggested remedial measures thereof.
8.Periodical examination of air, water and noise pollution after sanction.- Periodical
examination of air, Periodical examination of air, water and noise pollution after
sanction of quarry lease/licence/working permission shall be monitored by the
concerned Regional Officer of the State Pollution Control Board and results shall
be intimated to concerned Regional Environment Management Committee at least
once in six months.
9.Duties and Obligations of lessee/licensee/permission holder.- (a) The quarry
works shall be provided with safety equipments.
(b) The quarry workers shall be provided with blasting shelters, along with sirens
if necessary, flags, rest shelters and with a drinking water.
(c) Regular health checkup camps for the workers engaged in quarry shall be
organised and maintain First Aid Kit at the quarry site.
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(d) Occupational health surveillance program of the workers shall be undertaken
periodically to observe any contractions due to exposure to dust take corrective
measures, if needed.
(e) No bonded and child labours shall be engaged in quarry workings.
(f) Exhibit social responsibility towards local needs.
PART IV
LIBERTIES, POWERS AND PRIVILEGES RESERVED TO THE STATE
GOVERNMENT
1. To work other minerals.
Liberty and power for the State Government or any lessee/licensee or persons
authorised by it in that behalf to enter into and upon the said lands and to search
for, win, work, dig, get, raise, dress, process, convert and carry away any minerals
other than the said minerals and any other substances, and for those purposes to
sink, drive, make, erect, construct, maintain and use such pits, shafts inclines,
drifts, levels and other lines, waterways, airways, water courses, drains, reservoirs,
engines, machinery, plant buildings, canals, tramways, railways and other work
and conveniences as may be deemed necessary or convenient Provided that in the
exercise of such liberty and power no substantial hindrance or interference shall
be caused to with the liberties powers and privileges of the lessee/licensee under
these presents and that the lessee/licensee shall be entitled to such fair
compensation as may be mutually agree upon or in the event or disagreement as
may be determined by the Competent Authority appointed by the State Government
in respect of all loss or damage sustained by the lessee/licensee by reason or in
consequences, of the exercise of such liberty and power.
2. To make railways and roads.
Liberty and power to the State Government or Central Government to construct
any road, railway or canal reservoir or to carry electric or telephone lines in or over
the lands under the lease/licence is reserved. Provided that before such liberty or
power is exercised a notice of not less than thirty days shall be given to the
lessee/licensee and the area utilised by the Government for any of the aforesaid
purpose shall be excluded from the area under the lease/licence and
lessee/licensee will not be entitled to claim any compensation for such exclusion.
3. Liberty and power to the State Government to determine, at any time by giving
to the lessee/licensee a notice in writing the lease/licence if the area for which the
lease/licence has been granted or any part thereof is required by the State
Government for any public purpose and a declaration under the signature of the
Director that the area, or as the case may be, the part of the area is so required
shall, as between the lessee/licensee and the Government, be conclusive. On the
determination of the lease/licence under this power the area under the
lease/licence shall be resumed by the Government and the lessee/licensee shall be
53
paid such compensation as may be determined by an officer appointed by the
Government for the purpose and in assessing the amount of compensation, the
officer so appointed shall be guided by the principles laid down in the Right to Fair
Compensation and Transparency In Land Acquisition, Rehabilitation and
Resettlement Act, 2013, for such assessment.
3. Termination of the Lease/Licence:-
The competent authority shall have the right to suspend or prematurely terminate
the Lease/Licence,-
(a) If the royalty or surface rent or any other amount due to the Government are
not paid;
(b) If any of the terms and conditions of the permit agreement or conditions of grant
or permission to undertake mining by any other statutory authority/competent
authority is violated; and
(c) If any of the provisions of these rules and other laws both Central and State as
are applicable to mines and minerals, are not complied with:
Provided that, no orders of suspension or termination of the permit shall be
passed by the competent authority without giving reasonable opportunity to show
cause and following the procedure prescribed in the rules.
Provided further that, in case of default in payment of Government dues such
as permit money, royalty, dead rent or any other dues payable under these
presents, the permit may be terminated by the competent authority without
affording hearing to the permit after serving upon a notice to make good the
payment within thirty days: Provided further that the competent authority may
also at any time after issuance of the notice for default on account of nonpayment
of dues, enter upon the said premises and detrain all or any of the mineral or
movable property therein and may carry away, detain or order the sale of the
property so detrained, or so much of it as will suffice for the satisfaction of the
permit money or rent or royalty or both dues and all costs and expenses occasioned
by the non-payment thereof.
4. Suspension of Mining operations:
The competent authority may order to suspend the quarrying operations after
serving a notice to the lessee/ licencee, in case, the following violations are noticed.-
(a) Unsafe and unscientific mining; or
(b) Non providing of safety appliances to the workers; or
(c) Nonpayment of compensation to the surface owners; or
(d) Non submissions of monthly returns.
In case of violations of the aforesaid conditions and also any other terms and
conditions of the agreement deed and the provisions of the rules, the competent
authority may give a notice to the Lease/Licence holder to remedy the violations
within a period of fifteen days from the date of issue of the notice. In case the
violations pointed out through authority may after affording an opportunity of
being heard to the Permit holder, order the suspension of the mining operations till
such time, the defaults/ defects are removed by the Lease/Licence holder within
54
the time frame granted by the competent authority. During the period of
suspension of mining operations, the Lease/Licence holder will be allowed only to
undertake rectification work for removal of the defects and shall not dispose off the
mineral: During the suspension period, the Lease/Licence holder shall be under
the obligation to deposit the amount of the Govt. dues on the dues dates. On
satisfactory removal of the defects, the competent authority may revoke the
suspension orders with or without any modification. Non removal of the defects or
defaults during the suspension period and within the time allowed by the
competent authority, shall lead to premature termination of Lease/Licence.
PART V
RENT AND ROYALTIES RESERVED BY THIS LEASE
1. Rate of mode of payment of Dead Rent.
As from the day of .......................20, during the subsistence of lease/licence, the
lessee/licensee shall pay the dead rent in advance at Rs................................. per
Acre per annum as per Schedule 1 in accordance with Rules.
2. Rate of mode of payment of royalty.
The lessee/licensee shall, pay royalty in advance to Government in respect of minor
minerals removed or consumed by him or his agent, manager, employee, contractor
or buyer at the rates prescribed in Schedule in accordance with the Rules.
3. Mineral Despatch Permits.- The lessee/licensee or his agents, managers,
employees, contractors or buyers/consumers shall not move the mineral quarried
without obtaining valid Mineral Despatch Permit (in short PERMIT) issued by the
Competent Authority under these rules.
4. Penalty.- Any lessee/licensee or his agents, managers, employees, contractors,
consumers or buyers contravening the above clause and transport mineral without
valid PERMIT, such persons shall be punishable as per the provisions of rules 43,
43-A and 44(3), 44(3-A), 44 (4) of these rules.
PART VI
PROVISIONS RELATING TO THE RENTS AND ROYALTIES
1. Rent and royalties to be free from deduction etc,.- The rents and royalties in
PART V of this Schedule shall be paid free from any deductions to the State
Government at District -Sub Treasury at............................................and in such
manner as the Competent Authority may prescribe.
2. Mode of computation of royalty.- For the purpose of computing the said royalties
the lessee/licensee shall keep a correct account of the mineral/ minerals actually
produced from the quarries/mines, lands and despatched from the quarry and
maintained stock, in the form prescribed by Government/Competent Authority.
The lessee/licensee shall also keep a correct account of the number of persons
employed therein and shall also maintained a complete set of plans and cross
sections of the quarry and furnish to the Competent Authority concerned such
information, reports and returns as required from time to time under these Rules
55
together with representative samples of minerals and processed materials from the
same obtained during the operations. The accounts as well as quantity (in volume
or in weight as the case may be) of the mineral/minerals in stock or in the process
of dispatch from the quarry may be checked by any officer authorised by the State
Government and or by the Competent Authority.
3.Course of action if rents and royalties are not paid in time.-
(a) Should the royalty and/or rent reserved and made payable by the
lessee/licensee is not paid within thirty days after the date fixed in
lease/licence for the payment of the same, State Government may enter upon
the premises and restrain all or any of the mineral or beneficiated /processed
or movable property there and may order the sale of the property to restrained
or so much of it as will suffice of the satisfaction of the rent and royalties due,
and all cost and expenses occasioned by the non-payment thereof.
(b) If the lessee or licence makes any default in the payment of royalty or dead rend
payable under rule 36, the competent authority shall give notice to such lessee
or licences, requiring him to pay the royalty or dead rent within sixty days
from the date of receipt to the notice, failing which the competent authority
may, without prejudice to any other action that may be taken against lessee
or licence the lease of licence or forfeit the whole or part of the Security
Deposit.
(c) Any rent, royalty, additional payment, tax, fees, penalty or other sums due to
Government under said Rules of under this lease/licence shall be recovered
as arrears of land revenue on the basis of certificate issued by the Competent
Authority as under these rules and concerned Act.
4. Stocks lying at the end of the quarry lease/licence.- The quarry lease/licence
holder on expiry of the quarry lease/licence period (successful completion of the
quarry lease/licence) shall remove already extracted all of the mineral from the
premises of the quarry within a period of six months. In case any quantity of the
already extracted mineral, in the said land is left undisposed off and is not removed
within six months from the date of expiry of the period of quarry lease/licence the
same shall be deemed to be the property of the Government who may dispose it off
in any manner it may like without pay anything thereof to the quarry lease/licence
holder.
PART VII
THE COVENANTS OF THE LESSEES/LICENSEES
1. Lessees to pay Dead rent, royalties and additional payment
(1) The lessee/licensee shall pay Dead rent, royalties and additional payment
reserved by this lease/licence at such times and in the manner provided in PARTV
and VI of these presents and also may and discharge all taxes, cesses, rates
assessments and impositions whatsoever being in the nature of public demands
which shall from time to time be charged, assessed or imposed by the authority of
56
the State Government upon or in respect of the premises and works of the
lessee/lessee in common with other premises and works of alike nature except
demands for land revenues.
Where the quarrying lease is granted by competitive bid/auction under
Chapter-IV-A of KMMCR-94:- the highest bid received in the auction at the rate of
………… per annum shall become the ‘annual dead rent’ amount payable by the
lessee. The rate of annual dead rent initially determined on the basis of competitive
bids/auctions shall be increased @ ….% on completion of each block of three years:
Provided that, if the lease permits the working of more than on minor mineral
in the same area, the Government may charge separate dead rent in respect of each
minor mineral.
Provided further that, the mining one minor mineral does not involve the
working of another minor mineral.
Provided also that, the lessee shall be liable to pay the dead rent or royalty
in respect of each mineral, whichever be higher but not both.
Provided also that, lessee shall deposit the dead rent at the rates as revised
and notified from time to time by the State Government.
2. Amount to be deposited on account of District Mineral Foundation Trust Fund.-
Where the lessee/licensee shall also deposit/pay an additional to Royalty an
amount as prescribed in 36-A of these rules, towards the ‘District Mineral
Foundation Trust Fund’.
3. To maintain and keep boundary marks in good order.- The lessee/licensee shall
at his own expenses erect and at all times maintain and keep in repairs boundary
marks and pillars according to the demarcation to be shown in the plan annexed
to this lease/licence. Each of the pillars should be numbered and every pillar shall
have Differential Global Positioning System (DGPS)/GPS readings. Such marks
order and pillars shall be sufficiently clear of the shrubs and other obstructions as
to allow easy identifications.
4. To commence operations within a year and work in a workman like manner.-
Unless the Competent Authority for good cause permits otherwise the
lessee/licensee shall commence operation within a year from the date of execution
of the lease/licence and shall thereafter at all times during the continuance of this
lease /licence search for, win, work and develop the said minerals without
voluntary intermission in proper skilful and workmanlike manner without doing or
permitting to be done any unnecessary or avoidable damage the surface of the said
lands or the crops, buildings or other property thereon. The lessee/licensee shall
prevent waste by removal of overburden, careful storage of waste, drainage and
removal of valuable minerals. For the purpose of this clause quarrying operations
shall include the erection of machinery, laying of a tramway or construction of a
road in connection with the quarry. The lessee/licensee shall not dump the
overburden or waste rock or mineral on the workable deposit. If lessee/licensee
does not find suitable place to dump the waste material generated from the quarry
57
within the leased/licensed area he may dump in nearly Government land obtaining
prior approval from Competent Authority in writing.
5. To indemnify Government against all claims.- The lessee/licensee shall make
and pay such reasonable 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 him in exercise of the powers granted by this
lease/licence and shall indemnify and keep indemnified fully and completely State
Government 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 therewith.
6. To secure and keep in good condition pits shafts etc.,- The lessee/licensee shall
during the subsistence of this lease/licence well and sufficiently secure and keep
open with timber or other durable means all pits shafts and make and maintain
sufficient fences to the satisfaction of the State Government round every such pit,
shaft or working in the said lands, except such as may be abandoned accessible
free from water and foul air as far as possible. The lessee/licensee shall also take
adequate steps to ensure that:
(a) heights and widths of trenches in open quarries are properly maintained to
facilitate easy removal of the mineral and the muck;
(b) The working faces are always kept clean;
(c) The mineral and or beneficiated, processed dressed products there from won are
stacked in suitable dimensions and each such stock is numbered or marked in
a manner prescribed by the Competent Authority; and
(d) The proper sanitation of the area leased/licensed to him maintained.
7. To strengthen and support the quarry to necessary extent.- (1) The
lessee/licensee shall strengthen and support to the satisfaction of the Railway
administration concerned or the State Government or any other Competent
Authority controlling the provisions or any law for the time being in force relating
to the working of quarries and matters affecting safety, health and labour matter
as the case may be any part of the quarry which in its opinion requires such
strengthening or support for the safety of any railway, reservoirs, canal, road high
tension electric line and other public works or structures.
(2) The lessee/licensee shall submit from time to time or when required, progress
reports to the Director of Mines and Geology, along with analysis and representative
samples of the minerals collected during the quarrying operations as also the
periodical returns prescribed in the said Rules or in the manner prescribed by him
from time to time.
(3) The lessee/licensee shall submit to the Director of Mines and Geology, the
Competent Authority and any other officer as may be specified by the Director of
Mines and Geology in this behalf, quarterly returns in FORM-Q and annual returns
in FORM-Y appended to the said Rules, for each financial year ending 31st March,
before the 31st April of the succeeding year, and to allow inspection of working.
58
8. To allow inspection of working.- The lessee/licensee shall allow any officer
authorized by the Central Government or the State Government or the Competent
Authority or the Director of Mines and Geology under the said rules in that behalf
to enter upon the premises including any building excavation or land comprised in
the lease/license for the purpose of inspecting, examining, surveying and making
plans thereof, sampling and collecting any data and the lessee/licensee shall with
proper person employed by the lessee/licensee and acquainted with the
mine/quarry and works effectively assist such officers, agents servants and
workmen in conducting every such inspection and shall afford them all facilities,
information connected with the working of the quarry which they may reasonably
require. Such officer may issue such reasonable directions as he may deem fit to
prevent wasteful extraction of minerals and it shall be the duty of the
lessee/licensee, his/their agent/manager to carry out directions
within such period as the officer may specify if the lessee/licensee, his agent or
management fails to carry out such directions within the specified period, the
Competent Authority may determine the lease/licence or may impose a penalty not
exceeding twice the amount of the annual dead rent.
9. To report accidents.- The lessee/licensee shall report all accidents to the Director
of Mines and Geology the District magistrate and the District Superintendent of
Police concerned, in case 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/ licence, the
lessee /licensee shall send a complete report without any delay of such an accident
to the said officers.
10. To report discovery of other minerals.- Whenever the lessee/licensee shall find,
in the said lands, any mineral other than the said mineral the lessee /licensee shall
immediately report such discovery in writing to the Competent Authority with full
particulars of the nature and position of each such find.
11. The lessee/licensee shall, at all times.- During the said term keep or cause to
be kept, at an officer to be situated upon or near the said lands, correct and
intelligible books of accounts which shall contain accurate entries, showing from
time to time;-
(a) Quantity and quality of the said mineral/minerals realised from the said lands;
(b) Quantity of the various qualities of the said mineral/ minerals beneficiated,
processed or converted,
(c) Quantities of the various qualities of the said mineral/minerals sold at the
quarry head or despatched to any mineral processing units, granite cutting
and polishing units within the country and quantity exported and the manner
and purpose of such sale and disposal;
(d) Details of royalty paid and PERMITS obtained,
(e) The prices and all other particulars of all sale of the said mineral/minerals;
(f) The number of persons employed in the mines or work or upon the said lands
specifying nationality, qualifications and pay of the technical personnel,
59
(g) Such other facts, particulars and circumstances as the Competent Authority or
the Director of Mines and Geology may from time to time require and shall
also furnish of charge to such officers and at such times they may prescribe
true and correct abstracts of all or any such books of accounts and shall at
all reasonable times allow such officers or any other officers as the State
Governments shall, in that behalf appoint, to enter in to and have free access
to, for the purpose of examining and inspecting the said books of accounts
and to make copies thereof and to make extracts there from.
12. To maintain plans etc.- The lessee/licensee shall at all times during the said
term maintain at the quarry office correct, intelligible, up to-date and complete
Contour and Geological plans and cross sections of the quarries in the said lands.
They shall show all the operations, workings, and all the trenches, pits and drillings
made by the lessee/licensee in the course of operations carried on by him/them
under the lease/licence. The lessee/licensee shall update such quarry planes and
section at the end of each year or any period specified from time to time and the
lessee/licensee shall furnish free of charge such plans, sections and mineral
specimens, to the Competent Authority whenever these required. Accurate records
of all trenches, pits and drillings shall show:-
(a) The sub-soil and strata through which they pass.
(b) Any other minerals encountered.
(c) Any other matter of interest and all data required by the State Government the
Competent Authority from time to time.
13. To abide by the provisions of the laws in force in respect of labour welfare,
safety measures, ecology and environment.- (1) The lessee/licensee shall be bound
by the provisions of To abide by the provisions any laws for the time being in force
of the laws in force in relating to ecology and environment, of the laws in force in
the working of the quarries (Mines respect of labour welfare, and minerals) and
matters affecting safety measures, ecology safety, health and convenience of and
environment. The lessee/licensee employees or the public. The lessee/licensee
shall abide by the conditions laid down in the payment of wages Act 1936 (Central
Act IV of 1936), the Mines Act 1952(Central Act XXXV of 1952), the Metalliferous
Mines Regulations, 1961 the Indian Explosives Act 1984 (Central Act of IV of 1884)
and the Water and Air (prevention and control of pollution) Act 1974.
(2) The lessee/licensee shall respect all existing rights of way, water and other
basements and shall not carry on mining/quarrying or other operations under the
said lease/licence in any way than as prescribed under the Rules.
14. Responsibility of sand lease/license holder.- Sand quarrying activity shall take
place only in accordance with terms and conditions of the environmental clearance
and the lease deed or licence under these rules and methods approved in the quarry
plan, the lessee may stone the sand beyond 20 meter but within 200 meter or such
distance from the river bank area as may be decided by the competent authority
depending on the geographical condition from the river bank. The lessee shall make
his own arrangements for same;
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15. Notice for use of explosives, etc:- The lessee shall immediately give notice in
writing to the following authorities, namely:-
(1) The concerned Deputy Director General, Mines Safety;
(2) The concerned District Magistrate;
(3) The concerned Deputy Director/Senior Geologists; and
(4) The Office-in-charge as soon as,-
(a) The working in the mines extend below superjacent ground; or
(b) The depth of any open cast excavation measured from its highest to the
lowest point reaches six meters; or
(c) The number of persons employed on any day is more than 50; or
(d) Any explosives are used.
16. Government indemnified from paying compensation for in-jury to third parties.-
The lessee/ licensee shall make and pay reasonable compensation for all damage,
injury disturbance to person or property which may be caused by or on the part of
lessee/licensee in exercise of the liberties and power granted by these presents and
shall at all times have harmless and kept indemnified the State Government from
and against all suits, claims and damages which may be brought or made by any
person or persons in respect of any such damage, injury or disturbance.
17. Not to obstruct working of other minerals.- The lessee/licensee will exercise the
liberties and powers hereby granted in such a matter as to offer no unnecessary or
reasonable avoidable obstructions interruption to the development and working
within the said lands of any minerals not included in this lease/licence and shall
at all times afford to the Central and State Government and to the holder quarrying
lease, of quarrying licence and prospecting licence or mining lease 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 quarrying away the same provided that the lessee/licensee shall
have receive reasonable compensation for any damage or injury which he may
sustain by reason or in consequence of the use of such passage by such
lessee/licensee or holders of prospecting licences.
18. Lessee shall deposit any additional amount necessary equal to the security
deposit.- (1) Whenever the security deposit as provided in the 9(1) and 21(1) of the
said rule or any part thereof or any further sum hereafter deposited with the State
Government in replenishment thereof shall be forfeited or applied by the Competent
Authority pursuant to the power hereinafter declared in that behalf the
lessee/licensee shall deposit with the State Government such further sum as may
be sufficient with the un appropriated part thereof to bring the amount in deposit
with the State Government up to the sum of equal to the said full security deposit
amount.
(2) Delivery of working in good order to State Government after determination
of lease. The lessee/licensee shall at the expiration or sooner determination of the
61
said term or any renewal thereof deliver up to the State Government all mines,
quarries, pits, shafts, inclines, other works now existing or hereafter to be sunk or
make on or under the said lands except such as have been abandoned with the
sanction of the Competent Authority in an ordinary and fair course of working all
engines, machinery, plant, buildings, structures, other works and conveniences
which at the commencement of the term were upon or under the said lands and all
such machinery set up the lessee/licensee below ground level which cannot be
removed without causing injury to the mines, quarries or works under the said
lands (except such of the same as may with the sanction of the Competent
Authority) and all buildings and structures of bricks or stone erected by the
lessee/licensee above ground level in good repaired order and condition and fit in
all respects for further working of the said mines and the said minerals.
19. Right of pre-emption.- (1) The 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/licensee or pre-emption of the said minerals and all products thereof, lying
in or upon the lands hereby demised or elsewhere under the control of the
lessee/licensee shall with all possible expedition deliver all minerals or products of
minerals purchased by the State Government under the power conferred by this
provision be exercising the said right.
(2) In the event of the existence of State or 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/licensee shall forth with take possession and control of the works plant,
machinery premises of the lessee/licensee on or in connection with the said lands
or preparations under this lease/licence and during such possession or control the
lessee/licensee shall confirm and obey all directions given by or on behalf of the
Central or State Government regarding the use of employment of such works,
plants, premises and minerals:
Provided that, after compensation which shall be determined in default of
agreement by the State Government shall be paid to the lessees/licensee or all loss
or damage sustained by him/them by reason or in consequence of the exercise of
the powers conferred by this clause..
Provided further that, the exercise of such powers shall not determine the
said term hereby granted or affect the terms and provisions of their presents further
than may be necessary to give effect to the provisions of this clause. The
Government or the Competent Authority shall have the right to dispose of the minor
mineral waste generated during the course of quarrying in accordance with the
provision of Schedule-II.
20. Not to light fire in Forest Areas.- The lessee/licensee shall not light any fire
upon the said lands if lying within the reserved forest except under such conditions
as the Forest Department may in writing specify and the lessee/licensee and
62
his/their workmen and employees shall render prompt assistance in extinguishing
any fire on the said lands or in their vicinity. The lessee/licensee shall be liable for
all damage resulting from fire caused by the act or omission of the lessee/licensee
or his/their employees and shall pay such compensation for the Forest
Department. The decision of the Forest Department as the amount of compensation
payable by the lessee/licensee shall be final and binding on the lessee/licensee.
21. No right over produce other than minerals ores mentioned in the lease/licence.-
(1) The lessee/licensee shall not remove any other produce except the minor
mineral mentioned in this lease. The lessee/licensee shall without delay, report to
the Competent Authority and the Director of Mines and Geology, the discovery in
this areas, comprised in his/their lease/licence of any minerals not specified in the
lease,.
(2) If any mineral/s not specified in the lease/licence is/are discovered in the
leased/licensed area he/they shall not win and dispose of such mineral/s, without
obtaining lease/licence therefore. If he fails/they fail to apply for such lease/licence
within three months from the discovery of the said mineral/minerals, the
Competent
Authority
may
grant
a
lease/licence
in
respect
of
such
mineral/minerals to any other person/persons in respect of such mineral/minerals
to any other person/persons,
(3) Without the prior permission of the Director of Mines and Geology the
lessee/licensee shall not use the minor minerals quarried under these rules for a
purpose which will classify them as major minerals.
(4) The lessee/licensee shall make available to the Government of India, beryl
or any other "Substance prescribed" under section of the Atomic Energy Act (XXIX
of 1948) if they are found to occur in the said lands.
(5) The State Government shall be immune from the lessee/licensee claims
for damage and account or any land having been included in this lease which may
subsequently be discovered not have been available for the lease.
(6)The lessee/licensee or his assignees shall not erect any building in
contravention of the provisions of any law for the time being in force relating to the
erection of buildings or in contravention of any order is issued by any officer or
authority composed to issue such order any such law within whose jurisdiction the
leased area is situated.
(7) The lessee/licensee shall abide by such reasonable instructions and
direction as may be issued by the Director of Mines and Geology from time to time
regarding conservation and development of minerals.
(8) The lessee/licensee shall minimise the air and water pollution keeping in
view the local atmosphere/environment.
63
PART-VIII
THE COVENANTS OF THE STATE GOVERNMENT
1. Lessee may hold and enjoy rights quietly.-Lessee/licensee paying the rents
and royalties hereby reserved and observing and performing all the covenants and
agreements herein contained and on the part of the lessee/licensee is 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
unlawful interruption from or by the State Government, or any person rightfully
claiming under it.
2. To renew.- If the licensee be desirous of taking licence of the premises
hereby demised or of any part of them for a further term on the expiry of the term
hereby granted and if he/they give the Competent Authority an application in
writing ninety days before the expiry of the licence as prescribed in the said Rules,
and shall pay the rents and royalties hereby reserved and shall observe and
perform the several covenants and agreements herein contained and on the part of
the licensee to be observed and performed up to the expiration of the term hereby
granted the Competent Authority will upon his/their executing and delivering to
the State Government if required a counterpart thereof execute and deliver to the
licensee a renewal lease/licence of the said premises for the further term not
exceeding the term of this licence at such rents and royalties and no such terms
and subject to such covenants and agreements including this present covenants to
renew as shall be in accordance with the said Rules applicable to
................................ (name of minerals) on the day next following the expiration of
the term hereby granted.
3. Liberty to surrender the Lease/Licence.-The lessee/licensee shall be at
liberty to surrender this lease /licence by giving notice of not less than three
months in writing to the Competent Authority and no fresh liability shall accrue to
the lessee/licensee from the date of such surrender provided that all the
Government dues on rents, royalties and taxes shall be cleared off arising upon the
date of the surrender.
4. Refund of security deposit.-On such date as the Competent Authority may
within two months after the determination to this lease or of any renewal thereof,
the amount of the security deposit paid in respect of this lease and than remaining
in deposit with the State Government and not required to be applied to any of the
purpose mentioned in this lease shall be refunded to the lessee/licensee. No
interest shall run on the security deposit.
64
PART IX
GENERAL PROVISION
1. Breach of Conditions.- In case of breach of any of the conditions of the
lease other than mentioned in clause 2 and 3 of this part, then the Competent
Authority may require the lessee/ licensee or his/their assigns to pay penalty not
exceeding an amount equivalent ten times in the amount of the annual dead rent.
2. Obstruction to inspection.- In case lessee/licensee or his/their assignees
does/do not allow or obstruct entry or inspection, by the Officers authorised by the
State Government, the Competent Authority may cancel the lease and forfeit the
whole or part of the deposit made under these rules.
3. In case the lessee/licensee or his/their assignees commit any breach of
any of the conditions specified in the clauses, sub-rule (1) to (2) of rule 6 of the said
Rules then and in any such case the Competent Authority shall give notice in
writing to the lessee/licensee or his/their or assignees as the case may be, asking
him/them to remedy the breach within thirty days from the date of the notice and
if the breach is not remedied within such period the Competent Authority under
the said rules may determine the lease provided that nothing therein contained
shall debar the State Government from enforcing any other right or remedy that
the State Government may have against the lessee/licensee or his assignees under
any other provisions herein contained.
4. To pay penalty in case of breach.- In case of the breaches of the covenants
and agreements by the lessee/licensee or any other officer authorised by the
Government on which aforesaid notice has been given the Competent Authority
under the said rules in lieu of giving notices, may impose such penalty appropriate
in accordance with the sub-rule(3) of rule 6.
5. If the lessee/licensee ceases/cease to work the quarry for a continuous
period of one year the lease/licence shall liable to cancellation as per the rules:
Provided that, the lease/licence shall not be cancelled if the lessee/licensee
are prevented from working the quarry owing to some reasonable cause or if the
lessee/licensee ceases/cease to work with prior permission of the Competent
Authority.
6. Interpretation.- If there is any dispute regarding their lease/licence or any
other matter or thing construction of a term or condition in the lease/licence
anything connected with the quarries or minor minerals specified in this
lease/licence or the working or non-working of the quarry operated under this
lease/licence, the amount of payment of royalty or dead rent or its mode of payment
to the Competent Authority it shall be referred to the State Government whose
decision shall be final and binding on the lessee/licensee.
7. Lessee/Licensee to remove his properties on the expiry of lease.- The
lessee/licensee having first paid and discharged the rents and royalties payable by
virtue of these presents may at the expiration or sooner determination of the said
terms or within three months thereafter (unless the lease/license shall be
65
determined under clause 1 and 2 of this PART and in that case at any time not less
than three calendar months after such determination), take down and remove for
his own benefit all or any engines, machinery plant, buildings, structures,
tramways, railway, railways other works, erection and conveniences which may
have been erected, set up or placed by the lessee/licensee in or upon the said lands
and which the lessee/licensee is/arrears bound to deliver to the State Government
under clause 18 of PART VII of this Schedule and which the State Government shall
not desire to purchase.
8. Forfeiture of property left more than six months after determination of
lease.- If at the end of six months after the expiration or sooner determination of
the said term or after the date from which after determination of lease any
surrender by the lessee/licensee of part under the provisions contained in clause
3 of PART VIII of this schedule become effective there shall remain or upon the said
land or the surrendered part or parts thereof the case may be any engine,
machinery, plant, building, structures, tram ways, railways and other work,
erections and conveniences or other property which are not required by the
lessee/licensee in connection with his/their operations in these parts of the said
lands which he/they has/have surrendered or in any other lands held by
him/them under quarrying lease the same shall not remove by the lessee/licensee
within one calendar month after notice in writing requiring their removal has been
to the lessee/licensee by the State Government be deemed to become the property
of the State Government and may be sold or disposed of in such manner as the
State Government shall deem fit without liability to pay compensation or to the
lessee/licensee in respect thereof.
9. Service of notice.- Every notice by these present required to be given to
Service notice. the lessee/licensee shall be given in writing to such person resident
on the purpose of receiving such notices and if there shall have been no such
appointment then every such notice shall be sent to the lessee/licensee by the
registered post addressed to the lessee/licensee at the address recorded in this
lease/license or at such other address in India as the lessee/licensee may from
time to time in writing to the State Government designate for the receipt of notices
and every such service shall be deemed to be proper and valid service upon the
lessee/licensee and shall not be questioned or challenged by him.
10. In respect of all quarrying leases or license a quarrying plan shall be
submitted by the lessee or licensee as per the provisions of chapter II-A of these
rules.
In witness where of these presents have executed in the manner here under
apprising the day and year first above written.
Signed by
(for and on behalf of the Governor of Karnataka in the presence of)
1.
66
Signed by
(for and on behalf of in the presence of )
1.
2.
Signature of the Witness”
55. Substitution of Form-GL.- In the said rules, for Form GL and the
entries relating thereto the following shall be substituted, namely:-
“Government of Karnataka
No.
Office of the_____
FORM GL
(see sub-rule (1) of rule 16)
NOTIFICATION
1. In pursuance of rule ___________of these rules, grant of quarry lease/licence of
quarrying__________ (Minerals) for _____years to Smt/Sri/M/s.___________ over an
extent of __ Acres of ___ (Revenue/Forest/Private) land in Sy.Nos_______ of
village__Taluk______ District, as per the enclosed sketch.
2. The grant of the above lease/license for quarrying is subject to the terms and conditions
mentioned hereunder,-
(a) Quarrying lease/license shall be in respect of ____Minor Mineral only. If any other
mineral (s) is/are found in association with the said minor mineral or new mineral
discovered, it/they should be brought to the notice of the Competent Authority and if
the lease/licensee desires to quarry these mineral only after obtaining approval of the
Competent Authority include the minor mineral so discovered in the lease/license deed
as specified in rule 3-E.
(b) The lessee/licensee shall at his own expense erect and at all times maintain and keep
in good repair, boundary pillars as specified in rule 2 (a-2).
(c) Quarrying work shall not be started based on this Notification, quarrying should be
started only after executing the lease/license deed.
(d) The grant of this quarry lease/license for quarrying shall be subject to the various other
provision of these rules.
(e) The grantee shall produce approved quarry plan and Environment Clearance before
execution of lease/license in Form-E.
(f) The grantee shall pay all necessary fees before execution of lease/license in Form-E.
(g) The grantee shall produce DGPS/ Drone survey report for freezing levels by agency
empanelled by the KSRASC.
(h) The lessee shall produce no due certificate to competent authority before execution of
lease/license in Form-E.
(i) This notification for grant of Quarry lease or License may contain such other conditions
as the competent authority may deemed necessary.
Competent Authority
67
To
……………………………..
……………………………….
Copy to:
1. The Controlling Authority (Director of Mines and Geology) Bangalore
2. The Deputy Commissioner,………….District.
3. The Deputy Conservator of Forest (Territorial) …… District.
4. The Tahsildar, ………….District.”
56. Substitution of Form-S.- In the said rules, for Form S and the entries
relating thereto the following shall be substituted, namely:-
“FORM –S
(see rules-8,31Z and 32)
INSPECTION REPORT OF APPLIED AREA FOR QUARRY LEASE/LICENCE.
Name of the District:
Name of the Taluk:
1. Name of applicant
:
2. Status (State Govt. undertaking/Central Got.
Reg. Co. Corporation/ Individual)
:
3. Name of the Inspecting Officer and Date of
Inspection
:
4. Details of Area
applied:
a. Name of the Mineral
:
b. Name of the Village
:
c. Survey No’s
:
d. Extent (in Acres)
:
5. Whether the applied area is Government
land/ private land/forest land (as per RTC)
:
6. (a) Are they any public structures like roads,
bridges, railway, school, residences, temples,
irrigation tanks/structures, forts etc, within
200 meters. or 100 meters or 50 meters from
the applied area? If so, give details and
indicate them on the applied area map.
(b) In case of sand mining in patta/private
land,-
(i) Distance between the applied area and
bank of the river or streams.
(ii) Width of the river / streams.
:
:
:
a. Q.L. No.
:
68
7. Whether the area
was held previously
under quarry
lease/licence by the
applicant or others:
if so, give details:
b. Name of
lessee/licencee
:
c. Date of Grant
:
d. Date of Expiry
:
e. Type of Mineral
:
f. Volume of the pit
:
8. Court orders held by
the
applicant
or
others
over
the
applied area, with
details, district wise
a. Name of the Court
:
b. W/P No.
:
c. Name of the
petitioner
:
d. Date of Order
:
e. Extent (in Acres)
:
f. Sy. No.
:
g. Village,
:
h. Taluk& District
:
9. Whether consent of the land owner has been
obtained before making the application over
private land, details to be furnished.
:
10. Whether
the
applicant
has
an
existing Granite /
Shahabad
tone/other minerals
cutting
and
polishing
industry
in Karnataka.
Details
to
be
furnished
with
copies of supporting
Documents
and
capacity of the unit.
a. Whether 100%
E.O.U or SSI
:
b. Location
:
c. Cubic meters/ MT
per month/year
:
d. Sq.Mt.per
month/year (Tiles,
slabs, Monuments)
:
11. Whether
the
applicant
has
an
existing
stone
crusher/m-sand
unit/ other mineral
processing unit in
the Karnataka.
a. Name of the
Unit
:
b. Location
c. License No.
:
d. Unit Capacity
:
69
Details
to
be
furnished
with
copies of supporting
documents
and
capacity of the unit.
12. Whether
the
applicant
has
a
distinct
Industrial programme for utilization of granite
in a cutting and polishing unit within the
State of Karnataka.
13. FIELD DETAILS
a. Topography and
Geology of the
applied area
:
b. DGPS location of
the applied area
c. Trend (Dip and
Strike) of Mineral
Deposit.
:
d. Length width and
Breadth of the
Mineral Deposit
:
e. Approximate quantity
of mineral available
above and six meter
below the ground level
:
14. If quarrying is done in the applied area is it
going to harm the surrounding environment?
If so in what manner. Specify.
:
15. Any other point of relevance
:
16. Specific recommendation of the inspecting
Officer (Whether the area is free for grant or
not, Specify)
:
17. Specific recommendation of the forwarding
Officer for Grant of Quarry Lease/License.
:
Signature of the
Signature of the
Inspecting Officer
Forwarding Officer
By order and in the name of the
Governor of Karnataka,
(SUMA S.)
Under Secretary to Government,
Commerce and Industries Department (Mines).
ಮುದÎಕರು ²ಾಗೂ ಪÎಾಶಕರು:- ಸಂಕಲ£ಾĩಾĸಗಳ…, ಕ£ಾಟಕ ªಾಜÍಪತÎ, ಸಾĸ ೇಂದÎ ಮುದΞಾಲಯ, ¦ೆಂಗಳˆರು
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
SUNIL GARDE
Digitally signed by SUNIL GARDE
DN: c=IN, o=GOVERNMENT OF KARNATAKA, ou=DEPARTMENT OF PRINTING
STATIONERY AND PUBLICATIONS, postalCode=560001, st=Karnataka,
2.5.4.20=0d2a54c0803756f290179cb9f9000f3d464698fc8897aa98c5aa60a83745b840,
pseudonym=8499EAD368C135C9145AA762342F528AD8CBC17E,
serialNumber=B7508F7C8EEFE07770324A79C1527CCCD5A7FD1D517E905423FC54F6
07B5AC46, cn=SUNIL GARDE
Date: 2023.03.18 15:18:31 +05'30'