Bare Acts Live

Chhattisgarh Minor Mineral Rules, 1996

Published Chhattisgarh State on 1-11-2000 vide Notification No. F-7-2-2002-12., dated 31-10-2002, C.G. Rajpatra Part 1 dated 27-12-2002 at Page No. 1920-21

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Chapter I

Preliminary

(i) "Act" means the Mines and Minerals (Regulations and Development) Act, 1957 (No. 67 of 1957);

(ii) "Agreement" means an agreement to quarry and carry away any one or more minor minerals specified therein;

(iii) "Assessment" means the assessment lev led under these rules with reference to the extent of minor minerals extracted;

(iv) "Assessee" means a person holding a quarry lease or quarry permit and includes any other person who holds a quarry of minor minerals granted under these rules save as exempted under rules;

(v) "Assessment Year" means the yearly period beginning from the date of commencement of the lease and ending on 31st December for the first year of the lease and thereafter from 1st January to 31st December or part thereof;

[(v-a) "Assessing Authority" means Mining Officer, Assistant Mining Officer and Mining Inspectors posted in the district;]

(vi) "Appellate Authority" means the Government or any other authority vested with such powers under these rules;

(vii) "Below Poverty Line" means the family of below poverty line as declared by the State Government from time to time;

(viii) "Competent Authority" means a competent authority appointed by the State Government to carry out the provisions of these rules;

(ix) (a) "Collector" and "Additional Collector" of Senior IAS Scale have the same meaning respectively assigned to them in the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959);

(b) "Commissioner" of a revenue division of Chhattisgarh have the same meaning assigned to it in the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959);

[(ix-a) "Corporation" shall have the same meaning as assigned to it in the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956).]

(x) "Dead Rent" and "Royalty" have the meanings respectively assigned to them in the Act;

(xi) "Director" Means the Director of Geology and Mining, Chhattisgarh;

(xii) "Joint Director", "Deputy Director", "Geologist", "Assistant Geologist", "Mining Officer", "Assistant Mining Officer", "Mining Inspector" means the respective officers of Directorate of Geology and Mining, Chhattisgarh or any officer nominated as such by the Director or Collector for the purpose;

(xiii) "Educated Unemployed" means a person-

(a) who is holding at least High School Examination Certificate i.e., 10th pass in 10+2 system of the Chhattisgarh Board of Secondary Education;

(b) who is a resident of Chhattisgarh;

(c) who is above 18 years but below 35 years of age;

(d) who belongs to a family of below poverty line;

(e) Who has not availed of any facility under any other scheme, for Educated Unemployed at any time.

(xiv) "Form" means a form appended to these rules;

(xv) "Gram Panchayat", "Janpad Panchayat", "Zila Panchayat" and "Gram Sahha" have the same meanings respectively assigned to them in the Chhattisgarh Panchayat Raj Adhiniyam. 1993 (No. 1 of 1994);

(xvi) "Lessee" means a person who has been granted a quarry' lease or quarry permit under these rules and include any contractor, sub-lessee and agent whether appointed as such or not who acting or purporting to act on behalf of the lessee takes part in the management, supervision, extraction and dispatch of mineral;

(xvii) "Co-operative Society" has the same meaning assigned to it under the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 of 1961), and "Association" means a body of persons associated for its objects the promotion of the economic interest of its members and is registered under the Chhattisgarh Cooperative Societies Act, 1960;

(xviii) "Member of Scheduled Castes" means a member of any caste, race or tribe, or part of or group within a caste race or tribe specified as such with respect to the State of Chhattisgarh under Article 341 of the Constitution of India;

(xix) "Member of Scheduled Tribes" means a member of any tribe, tribal community or part of or group within a tribe or tribal community specified as such with respect to the State of Chhattisgarh under Article 342 of the Constitution of India;

(xx) "Member of Other Backward Classes" means a person belonging to other backward classes as notified by the State Government from time to time;

(xxi) "Minor Minerals" means the minerals as specified in Schedule I and appended to these rules and any other mineral which the Government of India may, by notification in the official gazette, declare to be a minor mineral under Section 3 (e) of the Act;

(xxii) "Mining Operation" and "Quarrying operation" means any operation undertaken for the purpose of mining any minor mineral and shall include erection of Machinery, construction of roads and other preliminary' operations for the purpose of quarrying and concomitant operation of handling and transport of minerals up to the point of dispatch;

[(xxii-a) "Municipality" shall have the same meaning as assigned to it in the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961);]

(xxiii) "Quarry permit" means a permission granted under these rules to extract and remove any minor mineral in any specified period;

(xxiv) "Public Place" means roads, public buildings, reservoirs, irrigation canals, Tanks, Water Courses, village paths, religious places, Burial ground etc.;

(xxv) "Quarry Lease" means a mining lease for minor minerals as mentioned in section 15 of the Act;

(xxvi) "Railway" and "Railway Administration" have the meanings respectively assigned to them in the Indian Railways Act, 1989 (No. 24 of 1989);

[(xxvi-a) "Special area" shall have the same meaning as assigned to it in the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).]

(xxvii) "Schedule" means a Schedule appended to these rules;

(xxviii) "State Government" means the Government of Chhattisgarh;

(xxix) the expressions "Mine" and "Owner" have the meanings respectively assigned to them in the Mines Act, 1952 (35 of 1952);

(i) the extraction of clay or sand, by a hereditary kumhar, a member of a Scheduled Caste or a member of a Scheduled Tribe or a Cooperative Society of such kumhars or members of Scheduled Castes or members of Scheduled Tribes for preparing tiles, pots or bricks by traditional means, but not by the process of manufacture in kilns or by any mechanical means, from the area that the Gram Panchayats may decide and earmark within their respective Panchayat area for extraction of clay and sand :

(ii) the removal of minor minerals from mines, whether situated in private or Government land, when such mines have not been appropriated to the use of a department of the State Government and the minor minerals are not quarried for sale but are required for the Construction or repairs of wells, or other agricultural works or for the construction or improvement of the dwelling houses of agricultirsts, Village artisans and labourers resideing in revenue or forest villages;

(iii) the minor minerals removed from Government lands for public works by Gram Panchayats, Janpad Panchatats and Zila Panchatats for work undertaken by respective Panchyats, However, the Government Departments shall be required to pay the royalty at the prescribed rate on consumption of minor minerals by them to the concerned Panchayats.

(iv) the search for minor minerals at the surface not involving any substantial disturbance of the soil by digging up pits, trenches or otherwise.

Chapter II

General Restrictions On Undertaking Mining Operations

(a) notified by the Government as reserved for the use of the Government, Local Authorities or for any other public or for special purposes except with the previous approval of the State Government;

(b) in forest land without the permission of appropriate authority as prescribed in the Forest (Conservation) Act, 1980 (No. 69 of 1980);

[(c) within a distance of 100 metres from any bridge, national/state/highway, railway line, 50 metres from the road constructed under Pradhan Mantri Gram Sadak Yojana, other District Roads of Public Works Department; and 10 metres from grameen kachcha rasta; or 50 metres from any public place :

(e) which is not compact and contiguous.

Chapter III

Powers To Grant Quarry Leases And Quarry Permits

Table

Chapter IV

Grant Of Quarry Lease In Respect Of Minerals Specified In Schedule I And Schedule II

(a) If the applicant is an individual, his name, nationality, profession, caste, educational qualification, age, residence, present address and financial status;

(b) If the applicant is a company, its name, nature and place of business and place of registration or incorporation, list of directors and their nationality, financial status, registration/incorporation certificate;

(c) If the applicant is a firm, its name, nature and place of business, list of partners and their nationality, partnership deed, registration certificate, financial status;

(d) If the applicant is a society/association, its name, nature and place of working, list of members and their caste, educational qualification, nationality, registration certificate, bye-laws and financial status of individual member;

(e) A description illustrated by a map or plan showing as accurately as possible the situation and boundaries of the land in respect of which the quarry lease is required where the area is unsurveyed the location of the area should be shown by some permanent physical feature, roads, tank, etc.;

(f) Copy of latest Khasra Panchsala;

(g) The minerals or mineral which the applicant intends to quarry or mine;

(h) The period for which the quarry lease is required;

(i) The purpose for which the extracted mineral is to be used;

(j) Every application for the grant or renewal of a quarry lease shall be accompanied by an affidavit showing particulars of the areas mineral-wise in each district of the State, which the applicant or persons jointly with him

(i) already holds under quarry lease;

(ii) has already applied for, but not granted; and

(iii) being applied for simultaneously;

(k) An affidavit to the effect that the applicant has, where the land is not owned by him, obtained surface rights over the area or has obtained the consent of the owner/owners for conducting mining/ quarrying operations :

(l) Every application for the grant or renewal of a quarry lease shall be accompanied by a no dues certificate in Form II granted by the Mining Officer or Assistant Mining Officer, [or incharge of the mining section of the district] in respect of payment of mining dues payable under the Act or rules made thereunder from all the districts where the applicant holds or held mineral concessions :

'0853	Mines and Minerals
102-c	Mineral concession fees, rent and royalties.
800	other receipts
002	receipt from minor minerals including fines and forfeitures,

(a) no notification has been issued under that rule; or

(b) where any such notification has been issued, the period specified in notification has not expired;

(i) Co-operative Society/Association of Scheduled Tribe/Scheduled Caste/Backward Classes, Co-operative Society/Association of educated unemployed youths or individuals where more than fifty per cent, of the members belong to the concerned category and also where the Chairman of the Society is of the concerned category and also where the executive committee have the representation in the ratio of the members of the concerned category and hail from below Poverty Line families listed in the District Rural Development Agency or educated unemployed youth belonging to Scheduled Tribe/Scheduled Caste/Backward Classes in that order;

(ii) An educated unemployed youth belonging to below Poverty Line families listed in the District Rural Development Agency;

(iii) Any other person belonging to below Poverty Line families listed in the district Rural Development Agency;

(iv) Any other applicant:

(i) Any special knowledge or experience of mining and export;

(ii) Technical and special management experience of establishing, running and maintaining cutting polishing industry'; and

(iii) The nature and quality of the technical staff and the plant and machinery deployed or to be deployed by the applicant;

(iv) The financial resources of the applicant;

(v) The proposed phased programme of establishing the industry;

(ii) At the time of renewal of the lease, the lessee shall be entitled to surrender any compact part of the leased area.

(a) dead rent shall be charged at the rates specified in Schedule IV;

(b) royalty except for limestone shall be charged at the rates specified in Schedule III;

(c) rate of royalty on limestone shall be the same as fixed by the Government of India from time to time for limestone in Schedule II of the Act;

(d) surface rent shall be charged at the rates specified by the Collector of the district from time to time for the area occupied or used by the lessee.

Chapter V

Quarry Lease-General Conditions

(a) The lessee shall pay, for every year except for the first year of the lease, yearly dead rent at the rates specified in the Schedule IV in the advance for the whole year, on or before the 20th day of the first month of the year;

[(b) The lessee shall pay the dead rent or royalty in respect of each mineral whichever is higher in amount but not both. The lessee shall pay royalty in respect of quantities of mineral intended to be consumed or transported from the leased area, no sooner the amount of dead rent already paid equals the royalty on mineral consumed or transported by him. The dead rent or royalty shall be deposited in the Personal Deposit account opened by the Collector for this purpose in any Nationalised Bank of the district.]

(c) The lessee shall also pay for the surface area occupied or used by him for the purposes of mining operations, surface rent in advance for the whole year on or before the 20th day of the first month every year;

(d) Notwithstanding any other action that may be taken for default in the payment of dues as specified in clause (a), (b), (c) within time under these rules or under any other condition of the lease, the lessee shall pay interest at the rate of 24% per annum for all defaulted payments of dead rent, royalty and surface rent.

(i) acquisition of surface rights, or

(ii) getting the possession of the leased area, or

(iii) supply or installation of machinery, or

(iv) getting financial assistance from banks or any financial institution.

(a) at any point within a distance of 75 metre from any railway line, bridge or highway except under and in accordance with the written permission of the railway administration or the administration concerned;

(b) 50 metres from tank, river banks, reservoir, canal (10 metre from grameen kachcha road);

(c) 100 metre from abadi, school, hospital and other public places, buildings and habited sites;

(d) 300 metre from sensitive area like radio station, doordarshan kendra, defence establishment etc. of the Central and State Government except under and in accordance with the previous written permission of the State/Central Government;

(a) Submit by the 10th day of every' month to the Collector and Gram Panchayat a return in Form X giving the total quantity of mineral/ minerals raised, removed/consumed in previous calendar month;

(b) Submit on or before 15th day of July and January to the Collector half yearly return for half year ending June and December in Form XI;

(c) Submit by the 31st January' every year to the Collector a Statement giving information in Form XII regarding quantity and value of mineral/minerals raised/removed/consumed during last calendar year, average number of labourers employed (men and women separately), number of days worked.

(ii) Every owner, agent or manager of a quarry shall provide all necessary facilities to the persons deputed by the State Government for the purpose of undertaking research or training in matters relating to mining operations.

(a) the working in the mine extends below superjacent ground;

(b) the depth of any open cast excavation measured from its highest to the lowest point exceeds six metres; or

(c) the number of persons employed on any day exceed 50; or

(d) any explosive are used.

(a) the time limit, mode and place of payment of rents and royalties;

(b) the compensation for damage to the land covered by lease;

(c) the felling of trees;

(d) the restriction of surface operations in any area prohibited by any authority;

(e) the notice by lessee for surface occupation;

(f) the facilities to be given by the lessee for working other minerals in the leased area or adjacent area;

(g) the entering and working in a reserved or protected forest;

(h) the security pits and shafts;

(i) the reporting of accidents;

(j) the indemnity to State Government against claims of third parties;

(k) the maintenance of sanitary conditions in the mining area;

(l) the delivery of possession over lands and mines on the surrender, expiration or determination of the lease.

(m) the forfeiture of property left after determination of the lease;

(n) the power to take possession of plant, machinery, premises, and mines in the event of war or emergence

(o) the manner in which rights of third parties may be protected (whether by way of payment of compensation or otherwise) in cases where any such party is prejudicially affected by reason of any mining operation;

(p) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any quarrying or mining operation shall be made in the same area or in any other areas selected by the State Government, (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the quarry' lease;

(q) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial rope ways, pipelines and making of passage for water for mining purposes on any land comprised in a quarry' or to other mineral concessions.

(i) to work the mines;

(ii) to sink pits and construct buildings and roads;

(iii) to erect plant and machinery;

(iv) to quarry' and obtain building and road materials and make bricks, but not for sale;

(v) to use water;

(vi) to use land for stacking purpose;

(vii) to do any other thing specified in the lease.

Chapter VI

Grant Of Quarry Permit

(i) Name, profession, caste, educational qualification, age, residence, financial status and address. In case of Co-operative Socieities/ Association, by law's, list of members and their caste, financial status of individual member and their educational qualification;

(ii) Name of the mineral for which permit is required;

(iii) Description of the land marked on a village map with khasra panchsala from which the mineral is to be removed;

(iv) Purpose for which the mineral is to be used;

(v) Consent of the owner of land, if the land is a private land;

(vi) Period for which the permit is required;

(vii) An application fee of rupees Twenty Five (Rs. 25.00) to be deposited in the manner as may be prescribed by the respective authority and the cash receipt thereof shall be enclosed with the application.

(a) Co-operative society/association of Scheduled Tribe/Scheduled Caste/Backward Classes Educated unemployed youths or individuals where more than 50 per cent of the members belong to the concerned category and the chairman of the society belongs to the concerned category and also where the executive committee have representation in the ratio of the members of the concerned category and hail from below poverty line unemployed youth belonging to Scheduled Tribe/Scheduled Caste/Backward Classes in that order;

(b) An educated unemployed youth belonging to below poverty line families listed in the District Rural Development Agency;

(c) Any other person belonging to below poverty line families listed in the District Development Agency;

(d) Any other applicant:

(i) The depth of quarry below the surface shall not exceed six metre;

(ii) The permit is non-transferable;

(iii) Mineral, other than for which quarry' permit is granted, shall not be excavated, removed or transported without approval of the Sanctioning Authority;

(iv) If any major mineral is found during quarrying operations, the permit holder shall report the matter to the Sanctioning Authority and the Collector of the district, forthwith;

(v) The quarry permit holder shall maintain complete and correct accounts of the mineral excavated and quantity removed from the area;

(vi) The quarry' permit holder shall immediately report all accidents to the Sanctioning Authority and the Collector of the district;

(vii) The quarry permit holder shall have no right over the quarried material and other property lying in the permit area after the expiry of the permit:

(viii) The quarry permit holder shall not carry on the quarrying operation within the prohibited distances from any public roads, public building, temples reservoirs, dams, burial ground and railway track, etc. and cause any damage to any public and private properties;

(ix) The quarry permit holder shall allow the sanctioning Authority or any Officer authorised by any of them to inspect the quarrying operations and to check the accounts and verify the details of dispatches from the registers maintained by him, and

(x) The quarry permit holder shall surrender on expiry' of the permit all duplicates of transit passes issued to him to the Sanctioning Authority and furnish to him a complete statement indicating the quantities of minerals removed and other particulars as may be required by the Sanctioning Authority'.

Chapter VII

Quarrying Operations

(ii) The sides shall be kept benched, and the height of any bench shall not exceed 1.5 metre and the breadth thereof shall not be less than the height.

(iii) The benches in overburden shall be kept sufficiently in advance so that their workings do not interfere with the working of mineral.

(iv) The overburden and waste material obtained during mining operations shall not be allowed to be mixed with non-salable or sub-grade minerals. They shall be dumped and stacked separately'.

(v) The mining operations shall be carried out in workmen-like manner and in accordance with the provisions of the State and Central Acts and rules wherever applicable.

(vi) The Collector of the district concerned or am officer authorised by the State Government if in his opinion the compliance with the provisions thereof not reasonably practicable, may, by any order in writing and subject to such conditions as he may specify therein, exempt from the operation of these rules for any working in those cases in which special difficulties exist :

Chapter VIII

Protection Of Environment

(a) Wherever top soil exists and is to be excavated for quarrying operation, it shall be removed separately;

(b) The top soil so removed shall be stored for future use;

(c) The dumps shall be properly secured to prevent escape of material therefrom and cause land degradation or damage to agricultural fields, pollution of surface water bodies or cause floods;

(d) The site of dumps shall be selected as far as possible on impervious and barren ground within the leased area;

(e) The top soil dumps shall be suitably terraced and stabliscd through vegetation or otherwise.

(a) Every' holder of a quarry lease/quarry permit shall take steps so that the overburden, waste rock, rejects and fines generated during quarrying or during sizing shall be stored in separate dumps;

(b) The dumps shall be properly secured and shall be suitably terraced and stabilised through vegetation or otherwise;

(c) Wherever possible, the waste rock, over burden etc. shall be back filled into the quarry' excavations with a view to restoring the land to its original use as far as possible;

(d) The fines shall be so deposited and disposed that they are not allowed to flow away and cause land degradation or damage to agricultural fields, pollution of surface water bodies or cause floods.

(i) Undertake the phased restoration, reclamation and rehabilitation of lands affected by quarrying operations and shall complete this work before the conclusion of such operations and the abandonment of quarry.

(ii) Carry' out quarrying operations in such a manner so as to cause least damage to the flora of the area held under quarry lease and the nearby area;

(iii) Every holder of a quarry lease/quarry permit shall.-

(a) take immediate measures for planting in the same area or any other area selected by the Collector not less than twice the number of trees destroyed by reason of any quarrying operations;

(b) look after them during the subsistence of the lease after which the trees shall be handed over to the Gram Panchayat of the area in which the quarry' is situated; and

(c) restore, to the extent possible other flora destroyed by quarrying operations.

(iv) The State Government may prescribe rates at which the cost of rehabilitation and reclamation shall be recoverable from the holder of a quarry' lease/quarry permit upon his failure to observe these rules.

(i) take adequate precautions against damage to public buildings or monuments, roads, religious places cither within the lease area or in proximity to the lease area;

(ii) air pollution due to fines, dust, etc; shall be controlled, and kept within permissible limits specified in the Air (Prevention and Control of Pollution) Act, 1981 (No. 14 of 1981) and the Environment (Protection) Act, 1986 (No. 29 of 1986) and rules made there under;

(iii) noise arising out of quarrying operations shall be abated or controlled at the sources so as to keep it within permissible limits.

Chapter IX

Assessment Of Royalty

Chapter X

Penalty For Un-Authorised Extraction And Transportation

(ii) Every officer so authorised shall in conduct of such investigation exercise the powers conferred upon the officer-in-charge of a police station by the Code of Criminal Procedure for the investigation of a cognizable offence.

(iii) The investigation officer for the purposes of this rule shall exercise the powers of the Code of Civil Procedure in respect of the following matters :-

(a) Enforcing the attendance of any person and examining him on oath or affirmation.

(b) Completing production of documents.

Chapter XI

Minor Mineral Offences Prevention Award

(i) Where minerals are seized. - The maximum amount of an award shall be 5% of the sale value of the seized mineral after realisation or five hundred rupees, whichever is less;

(ii) Where no mineral is seized. - A maximum amount of an award shall be 5% of the penalty amount realised, may be awarded.

(i) Awards under these rules can not be claimed as matter of right.

(ii) No appeal lies to any authority on any award made by the Competent Authority under these rules.

Chapter XII

Disbursement Of Revenue From Minor Minerals Between Janpad Panchayats And Gram Panchayats

Chapter XIII

Appeal, Review And Revision

(i) if the Director thinks it necessary to review any order, he shall first obtain the sanction of the Government, and if Collector proposes to review any order, whether passed by himself or by any predecessors, he shall first obtain the sanction in writing of the Director;

(ii) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;

(iii) no order from which an appeal has been made, or which is the subject matter of any revision proceedings are pending, be reviewed;

'0853	-	Mines and Minerals
800	-	Other receipts
0278	-	Receipts from minor minerals including fines and forfeitures'

Chapter XIV

Miscellaneous

(c) No sooner the permitted quantity is transported within the time period of 30 days or earlier, duplicates of all transit pass, such unused transit passes together with a complete statement of the quantities duly certified by the Officer of the concerned department shall be furnished to the Sanctioning Authority.]

Schedule-I

(See Rule 6)

Specified Minerals

1. Dimensional stone-granite, dolerite, and other igneous and metamorphic rocks which are used for cutting & polishing purpose for making blocks, slabs, tiles of specific dimension.

2. Marble which is used for cutting and polishing purpose for making blocks, slabs, tiles of specific dimension.

3. Marble stone for other purposes.

4. Limestone when used in kilns for manufacture of lime used as building material.

5. Flagstone-Natural sedimentary rock which is used for flooring, roof top etc. and used in cutting and polishing industry.

6. Stone for making gitti by mechanical crushing (i.e. use of crusher).

7. Bentonite/Fuller's earth.

Schedule II

(See Rules 6 & 7)

Other Minerals

1. Ordinary Sand, Bajri.

2. Ordinary clay for making bricks, pots, tiles etc.

3. Stone, Boulder, Road Metal Gitti, Dhoka, Khanda, Dressed Stones, Rubble, Chips.

4. Murrum.

5. Lime Kankar when used in kilns for manufacture of lime used as building material.

6. Gravel.

7. Lime shell when used in kilns for manufacture of lime used as building material.

8. Reh Mitti.

9. State when used for building material.

10. Shale when used for building material.

11. Quartzite and quartzitic sand when used for purposes of building or for making road metal or house-hold utensils.

12. Salt petre.

[Schedule III]

(See Rule 29)

Rates of Royalty

Schedule IV

(See Rule 29)

Rates Of Dead Rent In Rupees Per Hectare Per Annum

Form I

(See Rule 9)

Application For Grant/renewal Of Quarry Lease

Here affix court fee stamp

(i) Name of applicant

(ii) Nationality of the applicant (Partners, Directors, Members)

(iii) Place of registration or incorporation (firm, Company or Society/ Association)

(iv) Profession of individual, nature of business of firm or Company or Society/Association and place of business.

(v) Address of the individual firm, Company or Society/Association.

(vi) Caste (individual or members of society/Association)

(vii) Educational qualification (individual or members of society/ Association)

(viii) Age (individual or members of society/Association)

(ix) Residence (individual or members of society/Association)

(x) List of Director/Partners/Members

(xi) Registration/m-corporation certificate

(xii) Financial status

(xiii) Articles of memorandum/partnership deed/by-laws

(xiv) Whether the application is for a fresh lease or for a renewal of a lease previously granted. Give details of previous lease held.

(xv) Mineral/Minerals which the applicant intends to mine.

(xvi) Period for which the quarry' lease/renewal of quarry lease is required.

(xvii) Approximate quantity of mineral expected to be raised year wise during the first three years.

(xviii) Manner in which the mineral raised is to be utilised.

(a) for manufacture

(b) for sale

(c) any other purpose

(b) Khasra Panchsala.

(i) already held by me/us in my/our name/names (and jointly with others) under quarrying leases specifying the names of minor minerals.

(ii) already applied for but not yet granted and

(iii) being applied for simultaneously.

(i) if a railway, its full details i.e. whether Eastern Railway or Central Railway, whether a branch line or a main line or colliery tramway,

(ii) if a road, whether village or public works department or carp track,

(iii) walls,

(iv) temples or mosques,

(v) burning ghat or burial ground, etc.

(a) the area applied for renewal

(b) description of the area applied for renewal.

(c) particulars of the lease hold with area applied for renewal clearly marked on it (attached).

Schedule

(i) Name of village and Panchayat.

(ii) Khasra number and area of each field or part thereof

(iii) Full description of the area applied for with regard to natural feature-

(iv) Tehsil and patwari circle numbcr-

(v) District....................

Place...................

Date....................

Yours Faithfully,

Name and Designation

Form II

[See Rule 9(1)]

No Dues Certificate

1. In case there has been no assessment in any year, it must be stated clearly with reasons therefor.

2. It must be stated whether any attachment or R.R.C. are pending in respect of this lease.

3. This is valid only for six months from the date of issue.

Signature and Designation of authorised officer with seal of Office

Form III

[See Rule 14 (2)]

Receipt of Application for Quarry Lease or Renewal

Date....................................

Form IV

[See Rule 15(1)]

Register of Application for Quarry Leases

Form V

[See Rule 20]

Register of Quarry Leases

(b) Date of execution of quarry lease.

Form VI

[See rule 25 (2)]

Surety Bond

Stamp duty as specified against item 57 of
Schedule 1 A. of Indian Stamp Act, 1899.

Form VII

[See Rule 26]

Quarry Lease Deed

Or

Or

Or

The Schedule above referred to

Part I

The Area of this Lease

On the North by

On the South by

On the East by

and

On the West by

hereinafter referred to as "the said lands"

Part II

Part III

Restrictions and Conditions as to the Exercise of the Liberties, Powers and Privileges in Part II

Part IV

Liberties, Powers and Privileges Reserved to the State Government

Part V

Rents and Royalties Reserved by this Lease

Part VI

Provisions Relating to the Rents and Royalties

Part VII

The Convenants of the Lessee/Lessees

(1) Quantity and quality of the said mineral/minerals realised from the said lands.

(2) Quantities of the various qualifies of the said mineral/minerals sold and exported separately.

(3) Quantities of the various qualities of the said mineral/minerals otherwise disposed of and the manner and purpose of such disposal.

(4) The prices and all other particulars of all sales of said mineral/ minerals.

(5) The number of persons employed in the mines or works or upon the said lands specifying nationality, qualifications and pay of the technical personnel.

(6) Such other facts, particulars and circumstances as the Central or the State Government may from time to time require and shall also furnish free of charge to such officers and at such times as the Central and State Government may appoint true and correct abstract of all or any such books of accounts and such information and returns to all or any of the matters aforesaid as the State Government may prescribe and shall at all reasonable times allow such officers as the Central Government or State Government shall in that behalf appoint to enter into and have free access to the said offices for the purpose of examining and inspecting the said books of accounts plans and records and to make copies thereof and make extracts therefrom.

(a) The subsoil and strata through which they pass.

(b) Any mineral encountered.

(c) Any other matter of interest and all data required by the State Government from time to time.

(a) Assign, sublet, mortgage, or in any other manner transfer the quarry' lease, or any right, title or interest therein; or

(b) Enter into or make any arrangement, contract or understanding whereby the lessee/lessees will or may be directly or indirectly financed to a substantial extent by, or under which the lessee's operations or undertakings will or may be substantially controlled by, any person or body of persons other than the lessee/lessees;

(c) The Sanctioning Authority may by an order in writing determine the lease at any time if the lessee/lessees has/have in his opinion committed a breach of any of the above provisions or has/have transferred lease or any right, title or interest therein otherwise than in accordance with Rule 35, provided that no such order shall be made without giving the lessee/lessees a reasonable opportunity of stating his/their case.

(B) The price to be paid for all minerals or products of minerals taken in pre-emption by the State Government in exercise of the right hereby conferred shall be the fair market price prevailing at the time of pre-emption. Provided that in order to assist in arriving at the said fair market price the lessee/lessees shall if so required furnish to the State Government for the confidential information of the Government, particulars of the quantities, description and prices of the said minerals or products thereof sold to other customers and of charters entered into for freight, for carriage of the same and shall produce to such officer or officers as may be direct by the State Government original or authenticated copies of contracts and charter parties entered into for the sale or freightage of such minerals or products.

(C) In the event of the existance of a state of war or emergency (of which existence and 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 all times during the said term have the right (to be exercised by a notice in writing to the lessee/lessees) forthwith take possession and control of the works, plant, machinery and premises of the lessee/lessees on or in connection with the said lands or operations under this lease and during such possession or control the lessee/lessees shall conform to and obey all directions given by or on behalf of the Central Government or State Government regarding the use or employment of such works, plants, premises and minerals : Provided that fair compensation which shall be determined in default of agreement by the Government shall be paid to the lessee/ lessees for all loss or damage sustained by him/they by reason or in consequence of the exercise of the powers conferred by this clause and provided also that the exercise of such powers shall not determine the said terms hereby granted or affect the terms and provisions of these presents further than may be necessary to give effect to the provisions of this clause.

(B) The lessee/lessees shall comply with provisions of the Mines Act, 1952 and the rules made thereunder;

(C) The lessee/lessees shall take measures for the protection of environment like planting of trees, reclamation of land, use of pollution control devices and such other measures as may be prescribed by the Collector from time to time, at his own expense;

(D) The lessee/lessees shall pay compensation to the occupier of the land on the date and in the manner laid down in the Rules;

(E) The lessee/lessees shall in the matter of employment give preference to the tribals and to the local persons;

(F) The lessee/lessees shall not transport any mineral or its product from the leased area without a valid transit pass as provided in the Rules.

Part VIII

The Convenants of the State Government

(a) Makes an application for such surrender of mineral atleast six months before the intended date of surrender; and,

(b) Gives an undertaking that he will not cause any hindrance in the working of the mineral so surrendered by any other person who is subsequently granted a quarry lease for that mineral.

Part IX

General Provisions

Signed by                 

for and on behalf of the Governor

(lessor) Dated              

Lessee Dated......................

(Signature and Designation)

Form VIII

[See Rule 29(6)]

Application for Issue of Transit Pass/transit Pass Book for Despatch of Minerals

(i) Quarry at

(ii) Tahsil

(iii) Panchayat

(iv) District

(i) Station of loading

(ii) Destination of the consignment with the name and the address of the consignee.

Signature of the Applicant

Form IX

[See Rule 29(7)]

Transit Pass

Note. - (1) No over writing should be done and should be filled up in legible hand writing.

(2) Original copy should be given to driver of the carrier and carbon copy should be retained in this book for depositing the book back with the authority for issue of next pass book.

(3) Omission to write date and time or over writing attracts penalty.

(4) Only one Transit Pass should be issued to one carrier for each trip.

Form X

[See Rule 30 (20) (a)]

Monthly Return

(To be submitted by 10th of ensuring month)

Note. - All figures be given in cubic metres.

(a) Opening stock

(b) Production

(c) Total (a+b)

(d) Despatch

(e) Closing stock (c-d)

Date ..................

Place .................

Form XI

[See Rule 30 (20)(b)]

Half Yearly Return for the Period

1-1-19         to 30-06-19

1-7-19         to 31-12-19

(To be submitted by 15th July/15th January)

Note - All figures be given in cubic metres and rupees

(1) Pits mouth value

(2) Sale price

(3) Average number of persons employed per day

(4) Depth of quarry

(5) Use of explosives if any

Form XII

[See Rule 30(20) (c)]

Annual Return

(To be submitted by 31st January every- year)

The Collector,

Part I - General

(i) Total area with Khasra Nos

(ii) Date of Execution

(iii) Date of possession

(iv) Period of lease

(v) Village, Panchayat

(vi) Thana

(vii) Post Office

(viii) District

(i) Scheduled Tribe Society

(ii) Scheduled Caste Society

(iii) Educated unemployed Society

(iv) Individual (Indicate S.C./S.T./O.B.C.etc.)

(v) Any other

Part II - Utilisation of Area

(i) Area already exploited and abandoned.

(ii) Area covered under current operations.

(iii) Area used for waste disposal

(iv) Area used for any other purpose (Give details)

Part III-Rents and Royalties

(a) Royalty during the year

(b) Amount of past arrears if any paid during the year

(i) Area for which surface rent is payable

(ii) Amount paid for the year.

(iii) Amount paid for past arrears in any

Part IV - Production and Despatches

(i) Opening stock

(ii) Production

(iii) Despatches

(iv) Closing stock

Part V - Cost of Production

(ii) Over-head cost

(iii) Interest

(iv) Depreciation

(v) Taxes, royalty etc.

Form XIII

[See Rule 30 (24)]

Notice

(b) Name of mineral worked

(c) Situation of mine (Village, Thana. Sub Division, District, State)

(d) Date when work was first started

(b) Name and postal address of agent, if any

(b) His age

(c) His qualifications

(d) His experience in mining

(b) Date when depth first exceeded 6 metres.

(b) Date when explosives were first used.

..................................             

Signature of Owner/Agent/Manager

Form XIV

Model Form For transfer Of Quarry Lease

[See Rule 35 (3)]

Or

Or

Or

And

Or

Or

Or

And

(i) the transferor and the transferee declare that they have ensured that the mineral rights over the area for which the quarry lease is being transferred vest in the State Government.

(ii) The transferor hereby declares that he/she has not assigned, subject; mortgaged or in any other manner transferred the quarry lease now being transferred and that no other person or persons has any right, title or interest where under in the present quarry lease being transferred.

(iii) The transferor further declares that he/she has not entered into or made any agreements, contract or understanding whereby he had been or is being directly or indirectly financed to a substantial extent by or under which the transferor's operation or understandings were or are being substantially controlled by any person or body of persons other than the transferor.

(iv) The transferee hereby declares that he/she has accepted all the conditions and liabilities which the transferor was having in respect of such "quarry lease."

(v) The transferee further declares that he/she is financially capable of and will directly undertake mining operations.

(vi) The transferor has supplied to the transferee the Original or certified copies of all plans of abandoned workings in the area and in a belt 65 metre wide surrounding it.

(vii) The transferee hereby further declares that as a consequence of this transfer, the total area which is held by him under quarry- leases are not in contravention of the Chhattisgarh Minor Minerals Rules, 1996.

(viii) The transferor has paid all the rent, royalties and other dues towards Government till the date, in respect of this lease.

Schedule

Location and area of the lease

And

Signature of transferee in the presence of-

1...............................................        

2...............................................        

Form XV

[See Rule 37]

Form of Application for Quarry Permit

Date : ..............

The ......................
.............................

Form XVI

[See Rule 38 (2)]

Form of Grant of Quarry Permit

Signature of the Competent Authority with seal of office.

Shri ....................................

1. Mining Officer/Assistant Mining Officer of the District.
2. Janpad Panchayat/Gram Panchayat.

Signature of the Competent Authority with seal of office.

Form XVII

[See Rule 38 (2)]

Quarry Permit Agreement

(i) Minerals hereinafter authorised to be got from the said lands by the lessee.

(ii) Generally to do all things which shall be convenient or necessary for getting the mineral and for removing and disposing thereto.

(iii) The lessee hereby agrees to pay during the said terms royalty' as specified in Schedule III.

(iv) To bear, pay and discharge all existing and future rates, assessment whatsoever imposed or charged upon the demised land or the produce thereof.

(v) Not to assign, subject or part with the possession of the demised land.

(vi) That the lessee shall keep correct accounts, in such form as the Authority shall, from time to time, require and direct showing the quantities and other particulars of the said mineral obtained by the lessee from the said lands.

(vii) If in the course of quarrying any mineral not specified in this agreement is discovered the lessee shall at once report such discovery to the Authority concerned and shall obtain orders of such competent Authority for working of the same.

(viii) The lessor or their authorised officers shall be at liberty at all reasonable times to inspect and examine the works carried on by the lessee and may issue such orders and regulations as may be necessary as the result of such inspection to keep the lands in good order and condition or in the interest of public health and safety.

(ix) The lessee shall not cut or injure any timber or trees.

(x) The lessee shall pay where ever necessary compensation for any loss or damage which may be caused by the lessee to surface of the demised land or any vegetation growing or situated therein. The lessee shall further always keep the lessor indemnified against any claim by any person for any loss or injury caused to him or to his property by the lessee. The Authority shall be competent to assess and fix any compensation payable by the lessee on this account.

(xi) The lessee shall erect and maintain at his own expense boundary pillars of substantial material along the boundary as delineated in the plan annexed hereto.

(xii) That this lease may be terminated in respect of the whole or any part of the lands by a one month notice in writing on either side provided that the lessee has paid all outstanding dues before such notice is given by him.

(xiii) That on such determination the lessee shall have no rights to compensation of any kind.

(xiv) The lessee shall immediately report all accidents to the competent authority and the collector of the district.

(xv) The lessee shall not transport any mineral without valid transit pass issued by the competent authority in form IX. He/she shall surrender all duplicate of used transit pass and unused transit passes on expiry of permit period.

Schedule

Form XVIII

(See Rule 41)

Register of Quarry Permits

Form XIX

[See Rule 48 (I)]

Scheme of Environmental Management

(i) Date of execution of agreement.

(ii) Period.

(iii) Extent of area.

(iv) Mineral.

(v) Khasra Nos

(vi) Panchayat and tehsil.

(vii) District.

Form XX

[See Rule 48 (5)]

Quarterly Report of Environment

The Collector,
................................
Pin............................

(i) No. of trees planted during the period

(ii) Area of plantation

Size

Type

[Form XXI