Bare Acts Live

Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

Published vide Notification No. S.O. 45 /C.A.67/1957/S.15/2012, dated 20.6.2012

Last Updated 1st July, 2020 [hl717]

Part - I (General)

Chapter - 1

Preliminary

(i) 'Act' means the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957);

(ii) 'appellate authority' means the Government or any authority vested with such powers under these rules or any other authority empowered by the Government to perform such functions;

(iii) 'authorised officer' means a person or officer authorised by the State Government by notification in the Official Gazette to exercise such powers and to perform such functions under these rules;

(iv) 'boundary pillar' means cemented pillar of size sixty centimetre x sixty centimetre with one metre height and fifty centimetre foundation with the yellow paint and marked lease/contract number and pillar number along with Global Positioning System (in short, GPS) readings in black paint;

(v) 'carrier' means any mode of transport or facility by which mineral or its products are transported either in raw or processed form from the place of raising or from one place to another and includes any mechanized device, person, animal or cart;

(vi) 'cess' means a duty imposed and collected on any minor mineral in accordance with the provisions of the Act;

(vii) 'competitive bid' means an amount offered by the participant in the open auction or tender process under these rules;

(viii) 'competent authority' means the authority for exercise of such powers and carrying out of such functions as specified in these rules;

(ix) 'contractor' means a person holding a mining contract under these rules;

(x) 'contract money' means the amount to be paid by the contractor(s) for raising the mineral(s) from the area granted on contract;

(xi) 'dead rent' means the minimum amount payable in a year by the person granted a mining lease under these rules irrespective of the fact as to whether or not he operates/ could operate the area fully or partly;

(xii) 'dealer' means any person stocking and/ or carrying on the business of trading of minerals in raw or processed form;

(xiii) 'department' means the Mines and Geology Department;

(xiv) 'Director' means the Director of Mines and Geology, Haryana;

(xv) 'District Monitoring Committee' means a committee constituted by the State Government for each district in the State to monitor the working of mines and minerals, its transportation, storage, stocking and other operations in accordance with the applicable rules and laws;

(xvi) 'form' means a form appended to these rules;

(xvii) 'fund' means the Mines and Mineral Development, Restoration and Rehabilitation Fund created and established under these rules;

(xviii) 'Government' means the Government for the State of Haryana acting through its Administrative Secretary;

(xix) 'lessee' means a person holding a valid grant of lease for raising the minerals from the area granted on lease and would include the plural thereof;

(xx) 'letter of intent' (LoI) means a 'Letter of Intent' issued to the successful bidder on acceptance of the bid for grant of a mining lease or contract or permit or a mineral concession granted in any other form under these rules;

(xxi) 'licensing Authority' means the Director, Mines & Geology, Haryana;

(xxii) 'licensee' means holder of a Mineral Dealer License granted under these rules for the purpose of storing, stocking, trading and dispatch of mineral/mineral products either in raw or processed form;

(xxiii) 'mineral concession' means a mining lease or a mining contract or permit in respect of minor mineral and includes quarrying permits and any other mineral concession, permitting the mining of minor mineral in accordance with the provisions of these rules;

(xxiv) 'mining contract' means a mining contract given on behalf of the Government to carry, win, work and carry away any minor mineral(s) specified therein through a competitive bidding process as notified by the Director;

(xxv) 'mineral dealer license' means the license granted under these rules;

(xxvi) 'mining dues' means and includes any of the dues on account of royalty, dead rent, contract money, amount payable towards the Mines and Mineral Development, Restoration and Rehabilitation Fund, interest on delayed payments or any fee or any other sum in respect of a mineral concession granted under these rules;

(xxvii) 'mining lease' means a lease granted under these rules to mine, search, undertake excavation for winning of mineral and to carry away any minor mineral(s) specified therein;

(xxviii) 'mining operations' means any operation carried out for the purpose of winning any mineral except mineral oils;

(xxix) 'mining plan' means a plan prepared by a recognised qualified person (RQP) on behalf of mineral concession holder of minor mineral and includes progressive and final mine closure plans;

(xxx) 'mineral products' means minerals in any raw or processed form, bricks, dressed stone, rock aggregates, chips, ballast, stone dust, sand, and/or any product to be prepared from minerals without involving any chemical changes;

(xxxi) 'mineral transit pass' means a document issued by the mining officer-in-charge to the lessee/ contractor/ permit holder/ mineral dealer for lawful dispatch and transportation of any mineral(s) raised;

(xxxii) 'mineral transport permit' means a permit issued by the Director or an officer authorized by him to the carrier owner to use such carrier for lawful transportation of mineral(s) raised in accordance with the provisions of the Act;

(xxxiii) 'officer-in-charge' means an officer of the Department holding charge of one or more districts and by whatever designation known such as the Assistant Mining Engineer or an Assistant Geologist or a Mining Officer;

(xxxiv) 'permit' means a mineral concession, other than a lease or a contract, granted for a period of up to two years in specified cases;

(xxxv) 'presiding officer' means the Director or any other officer authorised by him to preside over the process of inviting competitive bids;

(xxxvi) 'processing' means all physical processes such as pulverising and/ or grinding and/ or powdering or washing of minerals in such a way that no chemical change takes place by that process and includes cutting and polishing process of slate, granite blocks or marble blocks or blocks of any other types of rocks;

(xxxvii) 'producer' means any person carrying on the business of extracting/ producing/ collecting minerals or mineral aggregates in raw or processed form including the licensee of a registered metal mineral unit, as the case may be, in accordance with the provisions of the Act or rules made there under;

(xxxviii) 'rules' means the rules made under the Mines and Minerals (Development & Regulation) Act, 1957 (67 of 1957);

(xxxix) 'Schedule' means a Schedule appended to these rules;

(xl) 'scheme of mining' means a scheme prepared by a recognised qualified person (RQP) on behalf of mineral concession holder for systematic and scientific mining of minor mineral;

(xli) 'scientific mining' means and refers to mining operations consistent with the approved mining plan/scheme of mining, clearances/permissions granted by the competent authority;

(xlii) 'scientific test' means any test conducted for geological or chemical analysis of minerals and rocks exclusively for academic and research purposes without any commercial motive;

(xliii) 'stock-yard' or 'sale-depot' means any place where a mineral or its products are stored and stocked in any raw or processed form for commercial purposes;

(xliv) 'un-authorised mining' means any mining operation undertaken without any valid mineral concession granted under the Act;

(xlv) 'unscientific mining' means and refers to the manner of undertaking mining operations not consistent with the mining plan/scheme of mining approved, clearances/ permissions granted by the competent authority;

(i) extraction of ordinary clay or ordinary sand by hereditary potter(s)/ kumhar(s), for use in manufacturing of earthen pots/ artefacts on a cottage industry basis, and whose turnover during a year does not exceed one lakh rupees;

(ii) excavation of the limestone or kankar from the areas which do not form part of any lease or contract or permit area, by the members of scheduled castes, scheduled tribes and backward classes, agriculturists, whose monthly income does not exceed Rs. 7500/- or as specified by the Government from time to time;

(iii) mining, transportation or storage of clay or sand by hereditary Kumhars or a cooperative society of Kumhars or such other people for making tiles, pots or bricks by traditional means but not by the process of manufacture in kilns or by way of any mechanical device;

(iv) levelling of any agricultural fields by a landowner within his own land where no disposal of ordinary earth outside the area is involved;

Chapter - 2

General Restrictions

(i) channelisation of any river system for containing any incidence of inundation or flooding, provided the mineral extracted in the process is used along side at the same place for creation of safety embankments and is not disposed off outside such area;

(ii) regular operation and maintenance of the non-scheduled canal distribution network and drainage system as notified by the Irrigation Department where any mineral extracted in the process is used along side at the same place for strengthening of embankments and is not disposed off outside such area;

(iii) regular operation and maintenance of the scheduled canals and drainage system as notified by the Irrigation Department.

(i) Construction of any building by the public or private sector, or road or any other development project under the authority of any government department or its agencies involving any digging or excavation for a purpose other than winning a mineral.

(ii) breaking of land for laying the foundations or basements of individual houses and other establishments over plots up to five hundred square yards involving excavation of the ordinary earth only.

(iii) breaking of land only for laying the foundations of individual houses or small establishments over plots up to five hundred square yards.

[(iv) excavation of brick earth or ordinary clay up to a depth of one and half meters from the adjoining ground level:

(i) fifty metres from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, Major District Roads (MDR) and Other District Roads (ODRs) where such excavation does not require use of explosives;

(ii) two hundred fifty metres from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, Major District Roads (MDR) and Other District Roads (ODRs) where use of explosives is required; Exemptions in certain cases.

(iii) ten metres from any other public roads:

Part - II

Grant of Mineral Concessions

Chapter - 3

Grant of a Mining Lease

(i) a valid certificate of clearance of mining dues in respect of such major mineral lease or any other mineral concession held by the applicant, and the firm or company in which such applicant may be a partner or director, in the State from the Director or any other Officer authorised by him in this behalf;

(ii) in case of a firm or a company or association of persons, a valid clearance certificate shall have to be submitted in respect of the firm, or association of persons or company as well as other firms in which partners in the applicant firm are partners or directors:

(iii) where any injunction has been issued by a court of law or any other competent authority staying the recovery of any such outstanding mining dues or income tax, non-payment thereof shall not be treated as a disqualification for the purpose of granting or renewing the said mining lease;

(iv) an affidavit stating that the applicant has filed up-to-date income-tax returns, paid the income-tax assessed or on self-assessment as provided in the Income Tax Act, 1961.

(i) a valid clearance certificate for payment of mining dues on all accounts (such as royalty or dead rent or contract money or the Fund, and the surface rent payable to the landowners under the Act or the rules made thereunder, in respect of the original mining lease or any other mineral concession held by him in the State from the Director or an authorised officer;

(ii) in case of a firm or a company or association of persons, a valid clearance certificate shall have to be submitted in respect of the firm, company or association of persons as well as the other firms in which partners in the applicant firm are partners or directors:

(iii) where any injunction has been granted by a court of law or any other competent authority, staying the recovery of any such outstanding mining dues or income tax, non-payment thereof shall not be treated as a disqualification for the purpose of renewing the said mining lease;

(iv) a declaration stating that the applicant has filed up-to-date income-tax returns, paid the income-tax assessed on him, or on the basis of self-assessment, as provided in the Income Tax Act, 1961 on the project.

(i) the lessee has complied with all the terms and conditions of the original lease grant and other permissions for undertaking mining operations;

(ii) the mining operations under the original lease grant have been carried out in a scientific manner;

(iii) The mine out area has been restored/reclaimed/rehabitated as per the progressive mine closure plan;

(iv) the lessee has not defaulted in submission of all details with regard to the production, payment of mining dues in time and has not been found wanting in taking adequate measures for the labour safety;

(v) the lessee has not been penalised for non-compliance of the environmental safeguards, or for any other reason, including suspension of the mining operations, for whatsoever reasons, during the original lease period;

(vi) substantial investment has been made by the lessee in the development of mine, plant and machinery with a long term perspective and optimal benefit of the same could not have been derived during the original lease period; and

(vii) such other matters as may be considered necessary by the Government.

(i) has been regular in furnishing the production returns as required in terms of the lease agreement;

(ii) has been taking the requisite steps for the progressive mine closure plan as per the conditions of the lease grant;

(iii) is not in default of payment of any mining dues on account of any mineral concession as on the date of making such application and undertakes to pay all such dues till the date of expiry of the notice period either in advance or by way of adjustment of the security or both:

Chapter - 4

Grant of Mining Contracts

(i) a valid clearance certificate from the Director or any officer authorized by him in this behalf regarding payment of mining dues on all accounts (such as royalty or dead rent or contract money or Fund and surface rent payable to the landowners under the Act or the rules made thereunder) in respect of the original contract or any other mineral concession held by him in the State;

(ii) in case of a firm or a company or association of persons, a valid clearance certificate shall have to be submitted in respect of the firm, company or association of persons as well as the other firm in which the partners in the applicant firm are partners or directors:

(iii) where any injunction has been granted by a court of law or any other competent authority, staying the recovery of any such outstanding dues, non-payment thereof shall not be treated as a disqualification for the purpose of renewal the said mining contract;

(iv) a self-declaration stating that the applicant has filed up-to-date income-tax returns, paid the income-tax assessed on him or on self-assessment as provided in the Income Tax Act, 1961 on the project.

(i) The contractor has complied with all the terms and conditions of the contract agreement and other permissions for undertaking mining operations;

(ii) The mining operations under the original contract grant have been carried out in a scientific manner;

(iii) The mined out area has been restored/ reclaimed/ rehabilitated as per the progressive mine closure plan;

(iv) The contractor has not been in default of submission of any returns with regard to the production, payment of contract money in time and has not been found wanting in taking adequate measures for the labour safety;

(v) The contractor has not been penalised in any manner, including suspension of the mining contract, for whatsoever reasons, during the original contract period;

(vi) Substantial investment has been made by the contractor in the development of mine and plant & machinery with a long term perspective and optimal benefit of the same could not have been derived during the original contract period; and

(vii) Such other matters as may be considered by the Government.

(i) has been regular in furnishing the production returns as required in terms of the contract agreement;

(ii) has been taking the requisite steps for the progressive mine closure plan as per the conditions of the contract grant;

(iii) is not in default of payment of any dues of the Government as on the date of making such application and undertakes to pay all such dues till the date of expiry of the notice period either in cash in advance or by way of adjustment of the security or both.

Chapter - 5

Grant of Mining or Quarrying Mineral disposal Permits

(i) mining in respect of areas less than five hectares;

(ii) removal of salt-peter;

(iii) excavation of Brick Earth by the Brick Kiln Owners;

(iv) extraction of ordinary clay/ earth;

(v) disposal of mineral encountered in the process of construction of buildings/structures/ other developmental projects;

(vi) disposal of mineral extracted in the process of operation and maintenance of the Canal and Drainage system by the Irrigation Department;

(vii) permits for specific Government works under emergency conditions.

(i) The particulars/details of the land, i.e. revenue estate, rectangle number, field numbers etc. from where he proposes to extract/ remove the brick earth;

(ii) Lay out Plan of the area from where brick earth is to be removed;

(iii) Written consent of the land owner(s) along with certified copy of the agreement signed between the landowner and the applicant after mutual settlement of compensation between the parties;

(iv) A copy of the partnership deed or Articles of Memorandum in case the applicant is a partnership firm or a company, as the case may be.

(i) The particulars/details of the land, i.e. revenue estate, rectangle number, field numbers etc. from where he proposes to extract/ remove the brick earth;

(ii) Lay out Plan of the area from where earth is to be removed;

(iii) Written consent of the land owner(s) or a certified copy of the agreement signed between the landowner and the applicant after mutual settlement of compensation between the parties;

(iv) A copy of the partnership deed or Articles of Memorandum in case the applicant is a partnership firm or a company, as the case may be.

(i) manner, mode and place of payment of rent, royalties, permit money, Rehabilitation & Restoration Fund amount and interest on delayed payments or any other dues as admissible under these rules;

(ii) particulars of the receipt heads of the Government to which the payments are to be credited;

(iii) rent, water charges, compensation of damage to the landowners for the land covered by the permit;

(iv) felling of trees, pumping of ground water;

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

(vi) entering and working in any reserved or protected forest;

(vii) reporting all accidents, use of explosives;

(viii) indemnity to the Government against claim of third parties;

(ix) mineral to be stacked, weighed and dispatched;

(x) applicability of the provisions of all other statutes/ rules framed by the Central and State Governments;

(xi) reclamation or restoration of the mining areas and security thereof;

(xii) development and conservation of minerals and environment and ecology of the area;

(xiii) extent of the area or land (khasra numbers and other relevant details) from where the minor mineral(s) shall be extracted;

(xiv) period within which the minor mineral shall be extracted and removed and delivery of possession of land on the expiry of such period or on removal of the quantity of the minor mineral(s) for which the permit is valid/ granted;

(xv) release of security by the authority issuing permit after having satisfied that the permit holder has fulfilled all the conditions of the permit satisfactorily;

(xvi) any other condition, as may be found expedient by the Director or an officer authorized by him to grant the permit, may be imposed in the interest of scientific mining, mineral conservation and mineral development.

Chapter - 6

Grant of minor mineral concessions in Land over which mineral rights vest in a person other than the Government

(i) produces an income-tax clearance certificate from the Income Tax Officer, concerned;

(ii) produces a certificate of no dues from the Director or an officer authorized by him in this behalf.

(i) The provisions of rule 14, 15 and chapter 8 shall apply to all such cases with the modification that the word "Government" occurring in said rules shall be substituted by the word "lessor";

(ii) The lease may contain such other conditions, not being inconsistent with the provisions of these rules, as may be agreed upon between the parties;

(iii) The period for which a mining lease may be granted shall be ten years in the first instance;

(iv) If the lessee makes any default in payment of royalty as required under rule 57(1) or commits a default or breach of any of the conditions of the lease, the lessor shall give notice to the lessee requiring him to pay the royalty or remedy the default or breach, as the case may be, within 30 days from the date of receipt of the notice and if the royalty is not paid or the default or breach is not remedied within such period, the lessor may, without prejudice to any proceedings that may be taken against the lessee, terminate the lease;

(v) The lessee may surrender the lease at any time by giving not less than three calendar months notice in writing to the lessor after paying all outstanding dues to the lessor;

(vi) The lessee shall furnish a bank guarantee of Rs. ten thousand per hectare to the lessor for due observance of the terms and conditions of the lease, before the execution of the lease deed.

Chapter - 7

Procedure for inviting competitive bids/ auctions and payments

(i) on the notice board of the office of Director, Mines & Geology and the concerned field offices of the Mines & Geology Department;

(ii) in two daily newspapers, of which one should be in vernacular language, having good circulation in the area; and

(iii) on the website of the Department and/ or any other common website address as may be decided by the Government.

(i) On completion of the bid process i.e. the fall of the hammer or the opening of the sealed bids, as the case may be, the highest bidder shall deposit an amount equal to 10% of the annual bid amount as 'Initial Bid Security'.

(ii) The amount deposited towards the 'initial bid security' would be adjusted as part of the Bid Security on acceptance of the bid by the Government and the Department will issue a Letter of Intent (LoI) in favour of the successful bidder;

[(iii) The letter of intent holder/contractor/ lessee shall deposit the balance amount of Bid Security i.e. equal to fifteen percent of the annual bid amount before the commencement of mining operations or before expiry of period allowed, which shall ordinarily not be more than twelve months, from the date of issuance of letter of intent, whichever is earlier:

(iv) The amount of security already deposited towards the initial bid security shall be duly adjusted to make up the twenty five percent of the bid amount towards the bid Security;

[(v) Wherever a letter of intent holder fails to deposit the balance fifteen percent amount towards security as prescribed under sub-rule (3)(iii) above, and/or fails to execute the agreement after the issue of letter of intent, the same shall be deemed to have been revoked and the ten percent amount deposited by him towards „initial bid security? shall stand forfeited;

Note. - In case of default by a company, the said company and all of its Promoter/s and Director/s, in case of Partnership Firm along with such firm all of its partners shall be debarred from participation whether individually or as partner/proprietor/director in a company in bids for a period of five years;]

(vii) No interest, whatsoever, shall be payable on the security amount deposited under proper security head of the Government;

(viii) On enhancement of the dead rent/ contract money with expiry of every three years period, the lessee/ contractor shall deposit the balance amount of security so as to upscale the security amount equal to 25% of the revised annual dead rent/ contract money as applicable for one year with respect to the next block of three years.

Chapter - 8

General conditions for grant of any mineral concession

(i) issue of a notice by the Mining Officer-in-charge requiring the mineral concession holder to clear the default immediately and stating that in case the due amount is not paid within a period of thirty days of the due date, his mining operations would be suspended;

(ii) If the concession holder fails to deposit the due amount within a period of thirty days of the due date along with interest applicable thereon, the Mining Officer-incharge shall direct the concession holder to suspend his mining operations and stop any despatch of mineral from the concession area till such time the default is cleared;

(iii) The order of suspension issued under (ii) above shall, inter alia, include a show cause notice for termination of the lease or contract or permit along with forfeiture of security in the event of continuation of default for a period of thirty days from the date of order of suspension. The concession holder shall also be liable to pay the dues for such suspension period;

(iv) The Director may revoke the suspension of mining operations in case the concession holder deposits at least fifty percent of the due amount with an undertaking to pay the balance amount within a period of three months along with interest, concurrent with the instalments payable during this period;

(v) If the concession holder fails to deposit the amount of default within a period of sixty days from the due date, the Mining Officer-in-charge shall recommend the matter to the Director for termination of the lease/ contract/ permit. The order of suspension of mining operations and the ban on despatch of mineral from the area would remain in force throughout such default period;

(vi) The Director may terminate the mineral concession, with or without forfeiture of the whole of the security deposit or part thereof, as deemed appropriate, in such cases without any further opportunity.

(i) maintain a distance of fifty meters from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, Major District Roads (MDR) and Other District Roads (ODRs) where such excavation does not require use of explosives, unless specifically relaxed and permitted by the competent authority;

(ii) maintain a distance of two hundred fifty meters from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, Major District Roads (MDR) and Other District Roads (ODRs) where use of explosives is required, unless specifically relaxed and permitted by the competent authority or any specific dispensation is obtained from the Director, Mines Safety;

(iii) maintain a distance of at least 10 meters from any other public roads;

(iv) mining operations in the river-beds shall be undertaken in accordance with the conditions prescribed under rule 58.

(i) the quantity and other particulars of all minerals obtained from the mines;

(ii) the number of persons employed in his mining operations;

(iii) an up-to-date complete plan and sections of the mine; and shall allow any officer authorised by the Central or the State Government in that behalf to examine at any time any accounts and records maintained by him, and shall furnish to the Central or the State Government with such information and returns, as it may require.

(i) submit by the 7th day of every month, a return in Form "MMP-1" containing the total quantity of minor mineral raised and dispatched from the area and other details prescribed in the said form during the preceding calendar month and its value, to the Director and also other officer(s) specified in the lease/contract deed; and

(ii) also furnish by the 30th April of every year, a statement containing information in Form 'MMP-2' regarding the quantity and value of minor mineral extracted, dispatched, stacked during the previous financial year, average number of regular labourers employed (men and women separately), number of accidents (if any), compensation paid and number of days worked and such other details as prescribed in the form to the Director and the other Officer specified in the agreement.

(i) The Chief Inspector of Mines, Government of India, Dhanbad;

(ii) The Director, Mines Safety, Government of India, Gaziabad;

(iii) The Director, Mines & Geology, Haryana;

(iv) The District Magistrate of the District concerned; and

(v) The Mining Officer-in-charge of the District concerned.

(i) payment of dead rent, royalty, contract money, Mines and Mineral Development, Rehabilitation and Restoration Fund, and the interest payable on delayed payments or any other dues;

(ii) particulars of the receipt heads of the Government to which the payments are to be credited;

(iii) payment of rent for use of the surface area and compensation for damage to the landowner in respect of land covered under the lease/contact;

(iv) felling of trees, pumping of ground-water, if any;

(v) payment of water charges;

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

(vii) notice by the mineral concession holder for surface occupation;

(viii) facilities to be given by the mineral concession holder to another mineral concession holder for working of other minor mineral(s) in the area or the adjacent area;

(ix) entering and working in any reserved or protected forest area;

(x) reclamation/ restoration and securing of the pits, shaft and other areas affected by mining, pumping of the ground water;

(xi) reporting of accidents and use of explosives;

(xii) indemnity to the Government against any third party claims;

(xiii) mineral to be stacked, weighed and dispatched;

(xiv) applicability of the provisions of all other statutes/ rules framed by the Central and the State Governments;

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

(xvi) development & conservation of the minerals, and environment & ecology of the area;

(xvii) forfeiture of property left after termination/ expiry of the mineral concession;

(xviii) delivery of possession of lands and mines on surrender, expiration or premature termination of the mineral concession;

(xix) powers to take possession of plant, machinery, premises and mines in the event of war or emergency; and

(xx) termination of a mineral concession for non-compliance of terms and conditions of the grant and agreement;

(xxi) any other special conditions may be imposed in the interest of scientific mining, mineral conservation and mineral development, as may be found expedient by the Director or an officer authorised by him.

(i) No mining would be permissible in a river-bed up to a 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 metres on the up-stream side and 500 metres on the down-stream side;

(ii) There shall be maintained an un-mined 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 Director or any officer authorised by him;

(iii) The maximum depth of mining in the river-bed shall not exceed three metres measured from the un-mined bed level at any point in time with proper bench formation;

(iv) Mining shall be restricted within the central 3/4th width of the river/ rivulet;

(v) No mining shall be permissible in an area up to a width of 500 meters from the active edges of embankments in case of river Yamuna, 250 metres in case of Tangri, Markanda and Ghaggar and 100 meters on either side of all other rivers/ rivulets;

(vi) Any other condition(s), as may be required by the Irrigation Department of the State from time to time for river-bed mining in consultation with the Mines & Geology Department, may be made applicable to the mining operations in riverbeds.

(i) working of the mines;

(ii) sink pits and shafts and construct building and roads;

(iii) erect plant and machinery;

(iv) quarry and obtain building and road materials and make bricks for self consumption;

(v) use water;

(vi) use land for stacking purpose;

(vii) install fuel-pumps or stations or diesel or petrol for self-use with the permission of the competent authority;

(viii) construct magazine for explosives and storage sheds for explosive related substances with permission from the licensing authority;

(ix) store over-burden/ waste material in areas identified for the purpose; and

(x) request for diversion of public roads, overhead electric lines passing through the concession area from the concerned authorities at his expense to ensure scientific mining.

Chapter - 9

Payment of rent and compensation to the landowners and determination thereof

(i) nature/ character of the land i.e. arable (single crop or multiple crop) or barani or banjar;

(ii) use to which such land was being put immediately before the grant of mineral concession;

(iii) annual net income that the landowner was able to derive/ earn from such land use;

(iv) normal increase in the income level that would have taken place in such net income during the intervening period;

(v) amount so worked out shall be added an amount equal to thirty percent in lieu of compulsory use of the land;

(II) While determining the fair market rent, the collector shall also decide the rate at which such rent would be increased on year-to-year basis during the currency of the mineral concession.

(i) nature or character of the land i.e. arable (single crop or multiple crop) or barani or banjar;

(ii) economic activity for which such land was being used immediately before the grant of mineral concession;

(iii) nature and extent of damage caused and as to whether such land is fully or partially reclaimable after closure of the mining operations or the damage is irreversible;

(iv) economic activity for which such land can be used after mine closure, with or without any investment, and the kind of returns it is capable of yielding after such restoration.

(v) extent of efforts and expenditure proposed to be made by the mineral concession holder for restoration or reclamation or rehabilitation of the land as per the mine closure plan for its eventual use by the landowner;

(II) While determining the compensation amount, the Collector shall keep in view the total rent and the estimated compensation amount payable to the landowner throughout the concession period. In case the sum total of the rent and the compensation amount assessed is more than the prevailing market value of land, the mineral concession holder may be given an option to buy the land at such rates subject to the landowner agreeing to the same. Alternatively, the Collector may determine the compensation amount keeping in view that the landowner would continue to retain the ownership of land after the closure of mining operations.

(III) In case the mineral concession holder and the landowner(s) are able to settle the compensation mutually in respect of a portion of the land required for actual mining operations, compensation for such portion of the land shall not be a subject for settlement. However, the amount of compensation already settled in respect of part of the operating area shall be kept in view while settling the compensation for the disputed area.

Part-III

Scientific & Systematic Mining and Environmental Safeguards

Chapter - 10

Mining operations to be undertaken as per the Mining Plan

(i) a degree in mining engineering or a post-graduate degree in Geology granted by a university established or incorporated by or under an Act of Parliament or any institution recognised by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (3 of 1956) or any qualification equivalent thereto; and

(ii) professional experience of five years of working in a supervisory capacity in the field of mining or mineral administration after obtaining a degree or qualification required under clause (1) (i) above.

(i) a degree in mining engineering or post-graduate degree in geology from a university established or incorporated by or under a Central Act, a Provincial Act or a State Act, including any institution recognized by the University Grant Commission established under section 4 of the University Grants Commission Act, 1956 (3 of 1956), or any equivalent qualification granted by any university or institution outside in India; and

(ii) possesses professional experience of 8 years in case of a Mining Engineer in the field of mining and 12 years in case of a Geologist in the field of mining/ geological survey, after obtaining the basic academic qualification.

(i) Level of Production;

(ii) Level of Mechanisation;

(iii) Type of Machinery used;

(iv) Quantity of diesel/ energy fuel consumption;

(v) Number of trees uprooted due to proposed mining operations.

(i) the plan of the area under concession delineated on a map with boundaries duly marked along with the positions of boundary pillars with GPS readings;

(ii) the plan of the area under concession showing the nature and extent of the mineral body/ spot or spots where the mining operations are proposed to be undertaken;

(iii) the plan of the area showing natural water courses, limits of reserves and other forest areas and density of trees, if any, assessment of impact of mining activity on forest, land surface and environment including air and water pollution i.e. the environment management plan;

(iv) details of the geology and lithology of the area including the estimated mineral reserves of the area;

(v) extent of manual mining or mining with the use of machinery and mechanical devices;

(vi) tentative scheme of mining and annual programme and plan for excavation/ production from year-to-year for a period of five years as part of the Mining Plan;

(vii) proposed method of mining/ development of mines, use of explosives and blasting operations, if any, stacking and disposal of minerals, mine-drainage pattern, handling of the overburden, location of electronic weigh bridges, and mineral processing, if any;

(viii) progressive and final mine closure plan;

(ix) details of scheme of restoration/ rehabilitation of the area through afforestation, land reclamation, use of pollution control devices and such other measures as may be directed by the State Government from time to time.

(i) precautions for the protection of environment and control of pollution while undertaking mining operations in the area granted on contract lease/ contract;

(ii) control of air pollution due to dust, exhaust emissions or fumes during mining or processing operations for minor mineral and related activities and containing the same within permissible limits specified under any environmental laws for the time being in force;

(iii) precautions to prevent or reduce the discharge of toxic and objectionable liquid effluents from minor mineral quarry, workshop or processing plant within the permissible limits. No such toxic affluent shall be discharged in any water body or in the sub-soil through a bore-hole;

(iv) abatement of and control over the noise arising out of mining and processing operations for minor minerals so as to keep the same within the permissible limits;

(v) prevention and containment of any damage to the flora of the area held under concession and the nearby area, scheme of undertaking plantation to compensate for any unavoidable damage and maintenance of the same during the subsistence of the concession period;

(vi) removal and stacking of any top soil or over-burden or waste rock and nonsaleable minor mineral excavated/ generated during the mining operations and utilisation of the same for restoration and rehabilitation of the area;

(vii) plan for phased restoration, reclamation and rehabilitation of land affected by mining operations.

(a) in the light of the experience of operation of mines;

(b) in view of the change in the technological development; and

(c) in the light of any change in legal provisions or orders of any Court.

Chapter - 11

Regulation and control of mining operations

(i) Undertaking mining operations in an unsafe and unscientific manner i.e. without bench formation, non-erection or maintenance of boundary pillars, lack of labour safety measures, and the regulations pertaining to the use of explosives;

(ii) Non-installation of the electronic weigh bridges or, the weigh bridges, if installed, are found to be not calibrated properly to ensure correct weighment;

(iii) Non-adherence to the rules with regard to the limits prescribed for stocking of minerals and failure to furnish the prescribed returns in this behalf;

(iv) Dispatch of mineral from the concession area without a valid mineral transit pass and through a vehicle not possessing a valid mineral transport permit;

(v) Non-submission of the prescribed reports and returns as per the time frame prescribed;

(i) suspension of the mining operations and dispatch of mineral from the concession area. He would be holding the inventory of stocks, duly assessed at the time of suspension of operation, till such time the suspension order is revoked. The period of suspension may continue up to a period of three months or till such time the breach condition is rectified, whichever is earlier;

(ii) temporary seizure of the stocks of the mineral excavated in raw or processed form till such time the stocks are reconciled with the records and established to have been accepted from legal sources;

(iii) termination of the concession with forfeiture of the security in whole or in part and also forfeiture of the mineral lying in the area and its disposal by the competent authority; and

(iv) de-barring the individuals/ firms/ companies for grant of a fresh mineral concession in the state for a period of up to 5 years.

(i) the Director shall, upon inspection by himself or any officer of the department or on reporting of any violation amounting to breach by any other competent authority, issue a notice to the mineral concession holder to show cause within the period specified therein as to why the mineral concession be not prematurely terminated along with forfeiture of the amount of security, in full or part thereof, and forfeiture of the mineral already excavated while undertaking said operations;

(ii) on receipt and examination of the reply of the mineral concession holder, the Director may, on his satisfaction that the breach was either not entirely due to fault on the part of the concession holder or was beyond his control or the same had actually not been committed, settle the notice with such caution as deemed appropriate with or without any further directions;

(iii) where the mineral concession holder admits to the breach having been committed on his part and promises to remedy the breach conditions in his reply and requests for grant of time, and the Director is satisfied with such promise, he may grant time as deemed proper for implementation of the remedial measures with or without a surety;

(iv) in case the Director prima facie forms an opinion on examination of the reply of the mineral concession holder that the breach is of a recurring or continuing nature, he may order suspension of the mining operations with immediate effect along with a ban on dispatch of the mineral from the site or any other related activity in the mine;

(v) In case the Director is not satisfied with the reply submitted by the mineral concession holder, the Director may terminate the mineral concession with or without forfeiture of the security amount in whole or part thereof along with forfeiture of the mineral already excavated while undertaking said operations. However, no such order shall be passed without affording an opportunity of show cause and representation to the mineral concession holder.

Chapter - 12

Mines and Mineral Development, Restoration and Rehabilitation Fund

(i) funding of the restoration or reclamation or rehabilitation works in the sites affected by mining operations;

(ii) provision of common facilities for the benefit of community in and around areas where mining activities are undertaken;

(iii) development of infrastructure facilities for orderly growth of the mining operations and allied activities e.g. roads, stone crusher estates, water supply etc.;

(iv) funding of the studies commissioned or activities related to the mining sector e.g. survey, exploration and prospecting of minerals, procurement of equipment and machinery required to support such activities;

(v) education, awareness and training of the mineral concession holders and the staff of the Department through field visits and exposure to the best mining practices;

(vi) funding of expenditure incurred on implementation of any scheme of incentives that the State Government may frame for recognition and awards for scientific mining undertaken with highest regard to mineral conservation, rehabilitation measures along with environmental safeguards and other measures;

(vii) Any other objects which the Government may consider expedient to support in the overall interest of the mining sector.

Explanatory Note : Notwithstanding the expenditure incurred by a mineral concession holder on the measures taken for the progressive mine closure plan, the occasion for undertaking the complete restoration and rehabilitation works in respect of any mining area arises only when a mine reaches the closure stage or so declared by the department. It is likely that the mining operations would have been undertaken by multiple concession holders before reaching the stage of closure of a mine. As such, it becomes imperative that the comprehensive measures for restoration and rehabilitation of a mining site are taken up only upon closure of such mine. The responsibility for execution of such plan shall rest with the mineral concession holder operating such area at the time of its closure. Since the contribution to the fund is also made by each of the lessees/ contractors who have operated the area during the intervening period, the financial burden of restoration and rehabilitation measures shall not be borne by the last contractor/ lessee alone.

Part IV

Stocking and Transportation of Minerals

Chapter - 13

Stocking and trading of minerals

Chapter - 14

Grant and Renewal of Licence

(i) one kilometre from the site of source of such mineral for which licence is sought;

(ii) fifty metres of the outer edge of the berm of any National Highway or a State Highway or a Major District Road; and

(iii) ten metres from the outer edge of the berm of all other roads in the State.

(i) a Demand Draft or treasury receipted challan for Rs. 1000/- (Rupees one thousand only) towards application fee remitted to the credit of the Department under relevant receipt head of account of the department;

(ii) location map or survey sketch showing the exact location of the stockyard (survey number and other details of the area proposed to be used as stockyard where the applicant intends to store and conduct the sale of the mineral(s) or its products shall be delineated on the map);

(iii) proof of ownership or lease agreement and possession of the property or land proposed to be used as stockyard by the applicant.

(i) the location of the stock yard;

(ii) the number of licensed dealers already operating in the vicinity of the area;

(iii) availability of the mineral to be stacked and sold;

(iv) general demand or market for the mineral;

(v) any other matters as may be considered necessary from time to time.

(i) complete record, updated on a real-time basis, of all purchases and sales effected by him of each mineral containing the particulars of the source and quantity of mineral purchased or procured, and of the person to whom sold in Form- MD-6;

(ii) a stock register in Form -MD-7 , and

(iii) such other records, if any, as the licensing authority or the officer authorised by him may specify.

(1) Default

(i) failure to display the details of license on a sign board as stipulated under rule 89;

(ii) failure to file the monthly return of stocks as prescribed under rule 90;

(iii) failure to maintain the up-to-date registers prescribed under rule 90;

(2) Breach

(i) accepting minerals, in raw or processed form, from unauthorised and unexplained sources;

(ii) storing and stacking minerals that do not tally with the entries in opening and closing balance stock register;

(iii) permitting the sale of mineral, in raw or processed form, without issuing a valid mineral transit pass;

(iv) loading of mineral in a carrier without issue of a mineral transport permit;

(v) operating the Stock-yard without a valid license;

(vi) repeatedly found committing the defaults.

(i) Where a licensee is found to be committing a default, he shall be directed to remedy or rectify such default within a period of fifteen days in the first instance;

(ii) in case of a second default, he shall be suitably directed to rectify the default and shall also be liable to a fine, which may extend up to Rs. 10,000/-;

(iii) A third time default or the continuation of the first or second default, in spite of opportunities given to rectify the same, would amount to a 'breach' and dealt with accordingly.

(i) suspension of the license with stoppage of receipt or purchase or sale of any mineral in raw or processed form in or from the stockyard. The dealer shall be holding the inventory of stocks, duly assessed at the time of suspension of license, till such time the suspension order is revoked. The period of suspension may continue up to a period of three months or till such time the breach condition is rectified, whichever is earlier;

(ii) temporary seizure of the stocks till such time the stocks are reconciled with the records and established to have been accepted from legal sources;

(iii) forfeiture of the stocks and their disposal by the competent authority and termination of the dealer license;

(iv) cancellation of license with provision for a ban for 5 years to grant any fresh license to the individual/ firm/ company.

Chapter - 15

Transportation of Minerals

(i) have the power to seize the mineral along with such carrier in transit;

(ii) give a receipt of such mineral and carrier seized by him to the person from whose possession or control it is seized;

(iii) direct the person in-charge of the carrier to carry the mineral and also the carrier to the nearest police station or check-post or barrier of the concerned department;

(iv) seize the carrier and take the same in his possession if the person in charge of the carrier refuses to carry the mineral and the carrier to the nearest police station or check-post or barrier of the department;

(v) give an option to the owner or in-charge of the carrier to either compound the offence by paying the penalty amount or face criminal legal action of registration of an FIR and further proceedings where a carrier together with the mineral is seized by an authorised officer .

(i) Where a carrier is found to be indulging in violation of the rules for the first time, the said mineral would be liable to be forfeited along with the impounding of the vehicle, which may be released only upon realisation of the payment of price of the mineral and the applicable royalty for the mineral being transported and, in addition, a fine which shall not be less than Ten Thousand rupees;

(ii) Wherever a carrier is found to be indulging in such violation for the second time, the said mineral would be liable to be forfeited along with the impounding of the vehicle for a minimum period of three days and released only upon realisation of the payment of price of the mineral and the applicable royalty for the mineral being transported and, in addition, a fine which shall not be less than fifteen thousand rupees;

(iii) Wherever a carrier is found to be indulging in such violation for the third time, the said mineral would be liable to be forfeited alongwith the impounding of the vehicle for a period of minimum ten days, and for relase shall entail payment of price of the mineral and the applicable royalty for the mineral being transported and, in addition, a fine which shall be twenty five thousand rupees;

(iv) Wherever a carrier is found to be indulging in such violation for the fourth time or more, the officer concerned shall register an FIR and handover the carrier along with the mineral to the police. The penalty, fine and punishment for the offence shall be as provided under Section 21 of the Mines & Minerals (Development & Regulation) Act, 1957.

Chapter - 16

Illegal or un-authorised Mining and consequences

(i) for a first time violation, the said mineral shall be liable to be seized along with the impounding of all such tools, equipment, vehicles or any other things used for such unauthorised operation, which may be released only upon realisation of the payment of price of the mineral and the applicable royalty for the mineral extracted and, in addition, a fine which shall not be less than Ten Thousand rupees;

(ii) for a second time violation, the said mineral shall be liable to be seized along with the impounding of all such tools, equipment, vehicles or any other things used for such unauthorised operation for a minimum period of seven days, which may released only upon realisation of the payment of price of the mineral and the applicable royalty for the mineral extracted and, in addition, a fine which shall not be less than fifteen thousand rupees;

(iii) wherever a person is found to be indulging in such offence for the third time or more, the officer concerned shall register an FIR and handover all such tools, equipment, vehicles or any other things used for such unauthorised operation to the Police. Any such offence shall entail (a) confiscation of all such tools, equipment, vehicles or any other thing used for such unauthorised operation for a period of minimum thirty days or more, and (b) pecuniary penalty and punishment for the offence as provided under Section 21 of the Mines & Minerals (Development & Regulation) Act, 1957.

Chapter - 17

Delegation, Review and Appeals

Chapter - 18

Miscellaneous

Schedule

* Note: In case of closure of a brick kiln, the brick kiln owner shall inform the Mining Officer, Department of the Mines and Geology of the district concerned in writing within a period of thirty days of the closure of the brick kiln.

Forms and Agreements

Form ML-1

{see rule 9(4), 10(10), and 21(1)}

Model form for execution of Mining Lease Deed

(Where lease is granted or renewed on application under rule 10)

OR

(Where lease is granted through competitive bid process under rule 10 or renewed under rule17)

(Where lease is granted through competitive bid process under rule 10 is renewed under rule17)

1 In consideration of the rents and royalties, covenants and agreements hereinafter contained and on the part of the Lessee to be paid, observed and performed, the Government hereby grants and demises unto the lessee all those mines/beds/veins/seams of ________________ (hereinafter referred to as the said minor minerals,) situated, lying and being in or under the lands which are referred to in clause (2) together with the liberties, powers and privileges to be executed or enjoyed in connection herewith which are hereinafter mentioned in Part-I subject to the restrictions and conditions as to exercise and enjoyment of such liberties, powers and privileges which are hereinafter mentioned in Part-II and subject to other provisions of this lease.

(2) The area of the said lands is as follows:

All the tract of land situated at village ______________________ in Tehsil ______________________ District _________________ bearing Khasra Nos. ______________________ containing an area of _________________ or thereabouts delineated on the plan hereto annexed and bounded as follows:

On the North by _____________________;

On the South by _____________________;

On the East by ______________________;

On the West by ______________________;

and (hereinafter referred to as the 'said lands' or the 'leased area')

(3) The lessee shall hold the premises hereby granted from the _________ day _________ for the term of __________ years thence next ensuing.

Part-I

Liberties and privileges to be exercised and enjoyed by the Lessee(s)

Part-II

Restrictions as to the exercise of the liberties by the lessee

(i) within a distance of fifty meters from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, Major District Roads (MDR) and other District Roads (ODRs) where such excavation does not require use of explosives, unless specifically relaxed and permitted by the competent authority; or

(ii) within a distance of 250 meters from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, Major District Roads (MDR) and Other District Roads (ODRs) where use of explosives is required, unless specifically relaxed and permitted by the competent authority or any specific dispensation is obtained from the Director, Mines Safety; or

(iii) within a distance of at least 10 meters from any other public roads; or

(iv) within a distance of 75 meters from any railway line or bridge except under and in accordance with the written permission of the railway administration concerned. The Railway Administration or the government may in granting such permission, impose such conditions as it may deem fit.

(a) No mining would be permissible in a river-bed up to a 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 metres on the upstream side and 500 metres on the down-stream side;

(b) There shall be maintained an un-mined 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 Director or any officer authorised by him.

(c) The maximum depth of mining in the river-bed shall not exceed three metres measured from the un-mined 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 up to a width of 500 meters from the active edges of embankments in case of rivers Yamuna, 250 metres in case of Tangri, Markanda and Ghaggar and 100 meters on either side of all other rivers/ rivulets;

(f) Any other condition(s), as may be required by the Irrigation Department of the state from time to time for river-bed mining in consultation with the Mines & Geology Department, may be made applicable to the mining operations in river-beds.

Part - III

Covenants of the Lessee

(a) Where the lease has been granted on application under rule 10: - at the rate prescribed in the Second Schedule of the Haryana Minor Mineral Concession, Stocking & Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 and as may be revised by the State Government from time to time.

(b) Where the mining lease is granted by competitive bid/auction under rule 9: - The highest bid received in the open bid/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 @ 25% on completion of each block of three years.

25% of the annual bid amount/ rate of dead rent. The security amount to be deposited as per following:-

(i) 10% as initial bid security at the time of auction

[ii) fifteen percent of the annual bid amount before commencement of mining operations or before the expiry of period allowed, which shall ordinarily be not more than twelve months from the date of issuance of letter of intent, whichever is earlier:

(b) In case of mining leases granted on application under Rule 10 the security amount shall be deposited in accordance with the Rule 11 of the Haryana Minor Mineral Concession , Stocking and Transportation and Prevention of Illegal Mining Rules-2012.

(b) The lessee during the subsistence of the lease, pay in advance to the Government the instalments of the dead rent in respect of the said land given to him/ them on mining lease as per following schedule:-

Note: The amount of one advance instalment deposited at the time of commencement of the mining operations or within time allowed for the same shall be adjusted in a manner that the subsequent instalments are payable for a full calendar month/quarter/year, as the case may be.

(c) The lessee shall be liable to pay the amount of royalty on the mineral excavated and dispatched at the rate specified in the first schedule or dead rent, which ever is more and not both.

(d) where the amount of royalty payable in respect of a month exceeds the amount of dead rent deposited in advance, the lessee shall deposit such amount of royalty on the mineral extracted and dispatched or consumed by the 7th day of the following month after adjusting the amount of advance dead rent already deposited.

(e) In cases where the lessee has paid the amount of royalty or dead rent during a part of the year, which is equal to or more than the annual dead rent payable for the year, he shall not be required to deposit the advance dead rent for the remaining period of the said year and the royalty for the balance part of the year shall be deposited by the 7th day of the following month.

(a) submit a return in form 'MMP1' by the 7th of every month to the Director and also to other officer (s) specified in that form giving the total quantity of minor mineral(s) raised and dispatched from the leased area in the preceding calendar month and its value ;

(b) also furnish a statement giving information in Form 'MMP2' by the 15th April every year to the Director and to other Officer(s), specified in that form regarding quantity and value of minor mineral(s) obtained during last financial year, average number of regular labourers employed (men and women separately) number of accidents, compensation paid and number of days worked separately.

1. The Controller General, Indian Bureau of mines, Government of India, Nagpur;

2. The Chief Inspector to Mines, Govt. of India, Dhanbad;

3. The Director, Mines Safety, Govt. of India, Gaziabad;

4. The Regional Controller of Mines, Indian Bureau of mines, Dehradun;

5. The Director Mines & Geology, Haryana;

6. The District Magistrate of the District concerned; and

7. The Assistant Mining Engineer/Mining Officer of the District concerned 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.

(b) The lessee on the termination or sooner determination of the lease shall not remove extracted mineral from the premises of the leased areas. All extracted minerals in the said lands left over un-disposed after the termination or determination of lease shall be deemed to be property of the Government who may dispose it off in any manner it may like without pay anything thereof to the lessee.

Part-IV

Rights of the State Government

(a) If the dead rent or 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 lease deed or conditions of grant or permission to undertake mining by any other statutory authority or competent authority is violated;

(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:

(a) unsafe and unscientific mining;

(b) non operations of weighbridge;

(c) non providing of safety appliances to the workers;

(d) non payment of compensation to the surface owners;

(e) non submissions of monthly returns;

Part-V

General

(b) Whenever the said security deposit or any part thereof or any further sum hereafter deposited with the Government in replenishment thereof is forfeited under sub clause (a) or applied by the Government under this lease (which the Government is hereby authorised to do) the lessee shall immediately deposit with the inappropriate part thereof to bring the amount in deposit with the Government up to the requisite amount of security at that point of time of lease.

(c) The rights conferred to the Government by clause (a) shall be without prejudice to the rights conferred on the State Government by any other provision of this lease or by any law.

(d) On such date as the Government may elect within twelve calendar months after the determination of this lease or any renewal thereof, the amount of security deposit paid in respect of this lease and then remaining in deposit with the Government and not required to be applied to any of the purposes mentioned in this lease shall be refunded to the lessee. No interest shall run on the security deposit.

(i) has been regular in furnishing the production returns as required in terms of the lease agreement;

(ii) has been taking the requisite steps for the progressive mine closure plan as per the conditions of the lease grant;

(iii) is not in default of payment of any dues of the Government as on the date of making such application and undertakes to pay all such dues till the date of expiry of the notice period either in cash in advance or by way of adjustment of the security or both.

Form ML-2

Application for grant of Mining lease

{see rule 10(2)}]

___________________________
___________________________
___________________________

The________________________
___________________________
___________________________
(Through the Director, Mines and Geology, Haryana)
Dated the __________________ 20

Particulars

(Signature of applicant)

N.B. If the application is signed by an authorised agent of the applicant, power of attorney should be attached.

Form ML-3

{see rule 12(1)}

(Register of application for grant/ renewal of Mining Lease)

Form ML-4

{see rule 12(2)}

(Mining Lease Register)

Form ML-5

{see rule 16(10)}

(Model Form for transfer of Mining Lease/Mining Contract)

(i) the transferor and transferee declare that they have ensured that the mineral rights over the area for which the mining lease/contract is being transferred, vest in the Government;

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

(iii) the transferor further declares that he has not entered into or made any agreement, contract or understanding whereby he has been or is being directly or indirectly financed to a substantial extent by or under which the transferor's operation or 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 has accepted all the conditions and liabilities which the transferor was having in respect of such mining lease/contract;

(v) the transferee further declares that he is financially capable of and will directly undertake mining operations;

(vi) the transferee further declares that he has filed an affidavit stating that he has filed up to date income tax returns, paid the income tax accessed as provided in the Income Tax Act, 1961 (43 of 1961);

(vii) the transferor has supplied to the transferee the original or certified copies of all the plans of abandoned workings in the area and in a belt 65 meters width surrounding it;

(viii) the transferee hereby further declares that as a consequence of this transfer, the total area held by him under mineral concession are not in contravention of the provisions of the Rules;

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

Form ML-6

{see rule 17(2)}

(Application for renewal of Mining lease)

___________________________
___________________________
___________________________

The________________________
___________________________
___________________________
(Through the Director)
Dated the __________________ 20

Particulars

N.B. If the application is signed by an authorised agent of the applicant, power of attorney should be attached.

Form ML-7

(see rule 18)

(Acknowledgement of Application for renewal of Mining Lease)

Government of Haryana

Mines and Geology Department

Form MC-1

{see rule 22 (3) and 26(1)}

(Model Form for execution of mining contract)

OR

(Where contract granted through competitive bid process under rule 10 is renewed under rule 23)

(1) In consideration of the contract money, covenants and agreements hereinafter contained and on the part of the Contractor to be paid, observed and performed the Government hereby grants and demises unto the contractor all those mines/beds/veins/seams of ________________ (hereinafter referred to as the said minor minerals,) situated, lying and being in or under the lands which are referred to in clause (b) together with the liberties, powers and privileges to be executed or enjoyed in connection herewith which are hereinafter mentioned in Part-I subject to the restrictions and conditions as to exercise and enjoyment of such liberties, and privileges which are hereinafter mentioned in Part-II and subject to other provisions of this contract.

(2) All the tract of land situated at village ______________________ in Tehsil ______________________ District _________________ bearing Khasra Nos. ______________________ containing an area of _________________ or thereabouts delineated on the plan hereto annexed and bounded as follows:

On the North by _____________________;
On the South by _____________________;
On the East by ______________________;
On the West by ______________________;

(3) The contractor shall hold the premises hereby granted and demised from the _________ day _________ for the term of __________ years thence next ensuing.

Part-I

Liberties and privileges to be exercised and enjoyed by the Contractor

Part-II

Restrictions as to the Exercise of the Liberties by the contractor

i) within a distance of 50 meters from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, major District Roads (MDR) and other District Roads (ODRs) where such excavation does not require use of explosives, unless specifically relaxed and permitted by the competent authority; or

(ii) within a distance of 250 meters from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, major District Roads (MDR) and other District Roads (ODRs) where use of explosives is required, unless specifically relaxed and permitted by the competent authority or any specific dispensation is obtained from the Director, Mines Safety; or

(iii) within a distance of at least 10 meters from any other public roads; or

(iv) within a distance of 75 meters from any railway line or bridge except under and in accordance with the written permission of the railway administration concerned. The Railway Administration or the government may in granting such permission, impose such conditions as it may deem fit.

(a) no mining would be permissible in a river-bed up to a 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 metres on the upstream side and 500 metres on the down-stream side;

(b) there shall be maintained an un-mined 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 Director or any officer authorised by him;

(c) the maximum depth of mining in the river-bed shall not exceed three metres measured from the un-mined 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 up to a width of 500 meters from the active edges of embankments in case of rivers Yamuna, 250 metres in case of Tangri, Markanda and Ghaggar and 100 meters on either side of all other rivers/ rivulets;

(f) any other condition(s), as may be required by the Irrigation Department of the state from time to time for river-bed mining in consultation with the Mines & Geology Department, may be made applicable to the mining operations in river-beds.

Part - III

Covenants of the contract

25% of the annual bid amount / rate of contract money. The security amount to be deposited as per following:-

(i) 10% as initial bid security at the time of auction; and

[(ii) fifteen percent of the annual bid amount before commencement of mining operations or before the expiry of period allowed, which shall ordinarily be not more than twelve months from the date of issuance of letter of intent, whichever is earlier:

b) The contractor, during the subsistence of the contract, shall pay in advance to the Government the instalments of the contract money in respect of the said land given to him on mining contract as per following schedule:-

Note: The amount of one advance instalment deposited at the time of commencement of the mining operations or within time allowed for the same shall be adjusted in a manner that the subsequent instalments are payable for a full calendar month/quarter/year, as the case may be.

(a) submit a return in form 'MMP1' by the 7th of every month to the Director and also to other officer (s) specified in that form giving the total quantity of minor mineral(s) raised and dispatched from the contracted area in the preceding calendar month and its value ;

(b) also furnish a statement giving information in Form 'MMP2' by the 15th April every year to the Director and to other Officer(s), specified in that form regarding quantity and value of minor mineral obtained during last financial year, average number of regular labourers employed (men and women separately) number of accidents, compensation paid and number of days worked separately.

1. The Controller General, Indian Bureau of mines, Government of India, Nagpur;

2. The Chief Inspector to Mines, Govt. of India, Dhanbad;

3. The Director, Mines Safety, Govt. of India, Gaziabad;

4. The Regional Controller of Mines, Indian Bureau of Mines, Dehradun;

5. The Director;

6. The District Magistrate of the District concerned; and

7. The Assistant Mining Engineer/Mining Officer of the District concerned as soon as:

(a) The working in the mines extends 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.

(b) The contractor on the termination or sooner determination of the contract shall not remove extracted mineral from the premises of the contracted areas. All extracted minerals in the said lands left over un-disposed after the termination or determination of contract shall be deemed to be property of the Government who may dispose it off in any manner it may like without pay anything thereof to the contractor.

Part-IV

Rights of the State Government

(a) If the contract money or 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 contract agreement or conditions of grant or permission to undertake mining by any other statutory authority/Competent authority is violated;

(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:

(a) unsafe and unscientific mining;

(b) non operations of weighbridge;

(c) non providing of safety appliances to the workers;

(d) non payment of compensation to the surface owners;

(e) non submissions of monthly returns;

Part-V

General

(b) Whenever the said security deposit or any part thereof or any further sum hereafter deposited with the Government in replenishment thereof is forfeited under sub clause (a) or applied by the Government under the contract (which the Government is hereby authorised to do) the contractor shall immediately deposit the deficient amount thereof to bring the amount in deposit with the Government up to the requisite amount of security at that point of time of contract.

(c) The rights conferred to the Director by clause (a) shall be without prejudice to the rights conferred on the Government by any other provision of this contract or by any law.

(d) On such date as the Director may decide within twelve calendar months after the determination of this contract or refusal of any renewal thereof, the amount of security deposit paid in respect of this contract in case is the same is otherwise not forfeited or is not required to be detained for any other purposes mentioned in this contract shall be refunded to the contractor. No interest shall run on the security deposit.

(i) has been regular in furnishing the production returns as required in terms of the contract agreement;

(ii) has been taking the requisite steps for the progressive mine closure plan as per the conditions of the contract grant;

(iii) is not in default of payment of any dues of the Government as on the date of making such application and undertakes to pay all such dues till the date of expiry of the notice period either in cash in advance or by way of adjustment of the security or both.

Form MC-2

{see rule 23(2)}

(Application for renewal of Mining Contract)

___________________________
___________________________

The_______________________
___________________________
(Through the Director, Mines and Geology, Haryana)
Dated the __________________ 20

Particulars

N.B. If the application is signed by an authorised agent of the applicant, power of attorney should be attached.

Form MPS-1

{see rule 28(4)}

Model Form for execution of permit granted for area less than five hectares.

(1) In consideration of the permit money, covenants and agreements hereinafter contained and on the part of the permit holder to be paid, observed and performed the Government hereby grants and demises unto the permit holder all those mines/beds/veins/seams of ________________ (hereinafter referred to as the said minor minerals)situated, lying and being in or under the lands which are referred to in clause 2 together with the liberties and privileges to be executed or enjoyed in connection herewith which are hereinafter mentioned in Part-I subject to the restrictions and conditions as to exercise and enjoyment of such liberties and privileges which are hereinafter mentioned in Part-II and subject to other provisions of this permit.

(2) All the tract of land situated at village ______________________ in Tehsil ______________________ District _________________ bearing Khasra Numbers ______________________ containing an area of _________________ or thereabouts delineated on the plan hereto annexed and bounded as follows:

on the North by _____________________;

on the South by _____________________;

on the East by ______________________;

on the West by ______________________;

and (hereinafter referred to as the 'said lands' or the 'permit area')

(3) The permit holder shall hold the premises hereby granted and demised from the _________ day _________ for the term of __________ years thence next ensuing.

Part-I

Liberties and privileges

Part-II

Restrictions

(i) within a distance of fifty meters from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, major District Roads (MDR) and other District Roads (ODRs) where such excavation does not require use of explosives, unless specifically relaxed and permitted by the competent authority; or

(ii) within a distance of two hundred fifty meters from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, major District Roads (MDR) and other District Roads (ODRs) where use of explosives is required, unless specifically relaxed and permitted by the competent authority or any specific dispensation is obtained from the Director, Mines Safety; or

(iii) within a distance of at least ten meters from any other public roads; or

(iv) within a distance of seventy meters from any railway line or bridge except under and in accordance with the written permission of the railway administration concerned. The Railway Administration or the government may in granting such permission, impose such conditions, as it may deem fit.

(a) no mining would be permissible in a river-bed up to a 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 metres on the up-stream side and 500 metres on the down-stream side;

(b) there shall be maintained an un-mined 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 Director or any officer authorised by him;

(c) the maximum depth of mining in the river-bed shall not exceed three metres measured from the un-mined 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 up to a width of 500 meters from the active edges of embankments in case of rivers Yamuna, 250 metres in case of Tangri, Markanda and Ghaggar and 100 meters on either side of all other rivers/ rivulets;

(f) any other condition(s), as may be required by the Irrigation Department of the state from time to time for river-bed mining in consultation with the Mines & Geology Department, may be made applicable to the mining operations in river-beds.

Part - III

Covenants of the permit

(i) ten percent as initial bid security at the time of auction; and

[(ii) fifteen percent of the annual bid amount before commencement of mining operations or before the expiry of period allowed, which shall ordinarily be not more than twelve months from the date of issuance of Letter of Intent, whichever is earlier:

(b) The permit holder, during the subsistence of the permit, shall pay in advance to the Government the instalments of the permit money in respect of the said land given to him on mining permit as per following schedule:-

Note: The amount of one advance instalment deposited at the time of commencement of the mining operations or within time allowed for the same shall be adjusted in a manner that the subsequent instalments are payable for a full calendar month or quarter or year, as the case may be.

(a) submit a return in form 'MMP1' by the 7th of every month to the Director and also to other officer (s) specified in that form giving the total quantity of minor mineral(s) raised and dispatched from the permit area in the preceding calendar month and its value ;

(b) also furnish a statement giving information in Form 'MMP2' by the 15th April every year to the Director and to other Officer(s), specified in that form regarding quantity and value of minor mineral obtained during last financial year, average number of regular labourers employed (men and women separately) number of accidents, compensation paid and number of days worked separately.

(i) The Controller General, Indian Bureau of mines, Government of India, Nagpur;

(ii) The Chief Inspector to Mines, Government of India, Dhanbad;

(iii) The Director, Mines Safety, Government of India, Gaziabad;

(iv) The Regional Controller of Mines, Indian Bureau of Mines, Dehradun;

(v) The Director;

(vi) The District Magistrate of the District concerned; and

(vii) The Officer-in-Charge of the District concerned

(b) The permit holder on the termination or sooner determination of the permit shall not remove extracted mineral from the premises of the permit areas. All extracted minerals in the said lands left over un-disposed after the termination or determination of lease shall be deemed to be property of the Government who may dispose it off in any manner it may like without pay anything thereof to the Permit holder.

Part-IV

Rights of the State Government

(a) If the permit money or 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;

(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:

(a) unsafe and unscientific mining; or

(b) non providing of safety appliances to the workers; or

(c) non payment of compensation to the surface owners; or

(d) non submissions of monthly returns;

Part-V

General

(b) Whenever the said security deposit or any part thereof or any further sum hereafter deposited with the Government in replenishment thereof is forfeited under sub- clause (a) or applied by the Government under the permit (which the Government is hereby authorised to do) the permit holder shall immediately deposit with the inappropriate part thereof to bring the amount in deposit with the Government up to the requisite amount of security at that point of time of permit.

(c) The rights conferred to the Director by clause (a) shall be without prejudice to the rights conferred on the Government by any other provision of this permit or by any law.

(d) On such date, as the Government may decide, within twelve calendar months after the determination of this permit or refusal of any renewal thereof, the amount of security deposit paid in respect of this permit and then remaining in deposit with the Government and not required to be applied to any of the purposes mentioned in this permit shall be refunded to the permit holder. No interest shall run on the security deposit.

(i) has been regular in furnishing the production returns as required in terms of the permit agreement;

(ii) has been taking the requisite steps for the progressive mine closure plan as per the conditions of the permit grant;

(iii) is not in default of payment of any dues of the Government as on the date of making such application and undertakes to pay all such dues till the date of expiry of the notice period either in cash in advance or by way of adjustment of the security or both:

Form MPS-2

(See rule 29(3))

(Model form for execution deed for permit of Saltpeter)

(a) unsafe and unscientific mining;

(b) non providing of safety appliances to the workers;

(c) non payment of compensation to the surface owners;

(d) non submissions of monthly returns;

b) The permit holder on the termination or sooner determination of the permit shall not remove extracted mineral from the premises of the permit areas. All extracted minerals in the said lands left over un-disposed after the termination or determination of permit shall be deemed to be property of the Government which will be disposed off by the Director or an officer authorised in this behalf in any manner without paying anything thereof to the permit holder.

Form PIM1

(see Rule 30(4))

Application for the grant of permit for excavation of Brick Earth by the Brick Kiln Owners

The Assistant Mining Engineer/Assistant Geologist/ Mining Officer,
Mines and Geology Department,
....................................................

(a) location of Brick Kiln(village/tehsil/District)

(b) number of Ghoris in the Brick Kiln

(c) category of the Brick Kiln

(d) extent of the land from which brick earth is to be excavated (rectangle no, Khasra Nos.)

(e) lay out plan of the area applied for permit

(f) existing status of the land as compared to general ground level of the area

(g) quantity of brick kiln required to be removed

(h) advance amount of Permit fee/royalty

(i) security (refundable)

(i) royalty at the rates prescribed under First Schedule to the Haryana Minor Mineral Concession, Stocking & Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 shall be paid for the brick earth to be removed from the area under permit.

(ii) area is free from Section 4 and/ or 5 of the Punjab Land Preservation Act, 1900 and Aravalli Project Plantation or any kind of forest.

(iii) digging of the earth at the site is otherwise not prohibited by any court of law or any authority.

(iv) brick earth will be used only for manufacturing of the bricks

(v) he will abide by all relevant provisions for excavation of earth.

(vi) a compensation has been settled with land owner mutually and a copy of the agreement signed between the applicant and the landowner qua mutual settlement of the compensation is attached(in case land is owned by the applicant himself, the proof thereof)

(vii) in case of renewal of permit copy of last permit alongwith proof of payment towards applicable permit money or royalty.

(Name and address of the applicant)

Form PIM 2

(see Rule 30(9)

Standard for quarrying permits for brick earth

1. The holder of the permits shall keep the Government indemnified from third party claim relating to the extraction of brick earth from the land for which quarrying permit is given.

2. The holder of the permit shall excavate the brick earth in such a manner that the same shall not disturb or damage any road, public ways, buildings, premises of public grounds.

3. The holder of the permit shall not use the brick earth excavated from the land granted on permit for any other purpose than that of manufacturing of bricks. In case the brick earth is to be transported up to brick kiln from the site of the excavation, the permit holder transport the same only by issuing a Mineral Transit Pass.

4. That the holder of the permit shall not fell any tree standing on the land without obtaining prior permission in writing from the competent authority in the Forest Department or Collector of the district concerned, as the case may be. In case such permission has been granted, he shall abide by the terms and conditions stipulated in such permission.

5. The permit holder shall not carry on surface operations in any area prohibited by any authority, without obtaining prior permission in writing from the concerned authority.

6. The permit holder shall not enter and work in any reserved demarcated or protected forest without obtaining prior written permission of the Forest Department.

7. The permit holder shall report immediately all accidents to the Deputy Commissioner and the Officer-in-Charge, concerned.

8. The depth of the pit below surface shall not exceed nine feet.

9. The annual amount of royalty shall be paid in advance by 1st April of every year.

Signature _____________
Designation _____________

Form PIM3

{see Rule 31(6)}

Application for the grant of permit for extraction of ordinary clay/earth

The Assistant Mining Engineer/Assistant Geologist/ Mining Officer,
Mines and Geology Department,
.............................................................................

2. The details of the area for which permission is being sought, is given as under:-

(a) location of the area

(b) purpose

(c) total area to be excavated/levelled

(d) extent of the area [ length,breadth & depth]

(e) quantity of the ordinary clay to be removed and disposed off

(f) existing status of the land as compared to general ground level of the area

(g) advance royalty

(h) security (refundable)

(Name and address of the applicant)

(i) Proof of ownership of land/consent of the land owner.

Form PIM 4

(see rule 31(7))

Standard form for excavation of ordinary clay or earth

1. The holder of the permits shall keep the Government indemnified from third party claim relating to the extraction of ordinary clay/earth from the land for which quarrying permit is given.

2. The holder of the permit shall excavate the ordinary clay/earth in such a manner that the same shall not disturb or damage any Road, Public ways, buildings, premises of public grounds.

3. That the holder of the permit shall not fell any tree standing on the land without obtaining prior permission in writing from the competent authority in the Forest Department or Collector of the district concerned, as the case may be. In case such permission has been granted, he shall abide by the terms and conditions stipulated in such permission.

4. The permit holder shall not carry on surface operations in any area prohibited by any authority, without obtaining prior permission in writing from the concerned authority.

5. The permit holder shall not enter and work in any reserved demarcated or protected forest without obtaining prior written permission of the Forest Department.

6. The permit holder shall report immediately all accidents to the Deputy Commissioner and the Officer-in-Charge, concerned.

7. The depth of the pit below surface shall not exceed nine feet and in case where sand deposits are found, the depth of the pit below surface shall not exceed three feet.

8. The permit holder shall not excavate any other mineral than that of ordinary clay/earth found in the area. Any breach in this regard will entail immediate suspension of the workings by the Officer-in-Charge and followed by termination of permit along with forfeiture of security amount, after affording opportunity of show cause. In case any mineral is illegally disposed off, the Officer-in-Charge shall also recover amount of penalty in accordance with the provisions of Mines and Mineral (Development & Regulation) Act 1957 and Rules framed thereunder.

9. The permit holder shall ensure that any mining operations below a depth of 1.5 meters shall necessarily be undertaken by formation of benches for safe mining. The benches would be formed in a manner that the width of the bench is not lesser than the height of the bench or as permitted by the Director, Mines Safety, Government of India.

10. The permit holder shall transport/disposed off the ordinary clay/earth from the site of the excavation, only by issuing a Mineral Transit Pass.

11. The permit holder shall restore and rehabilitate the area of excavation with in fifteen days from the date of expiry of the permit and shall submit compliance report to the Officer-in-Charge.

12. In case of any default in due observance of the terms and conditions of this permit or in payment of the instalment on due date, the permit may be cancelled by the Director or by any officer duly authorised by him in this behalf by giving one month notice where the remaining period of permit is more than sixty days. In other cases the period of permit is less than sixty days, notice of ten days shall be given before taking decision on cancellation of permit.

13. The amount of security deposit shall entail no interest. The security amount shall be refunded within a period of three months in case the same is not forfeited or required to be detained for any other purpose under this permit.

14. Any sum due from the permit holder shall be recovered from him as an arrear of land Revenue.

The permission shall be valid up to __________________________.

Signatures __________________
Designation _________________

Form PIM-5

{see rule 32 (2)}

Application for the grant of permission for disposal of mineral extracted incidental to developmental activities

The Assistant Mining Engineer/Assistant Geologist/ Mining Officer,
Mines and Geology Department,
........................................

2. The details of the area for which permission is being sought, is given as under:-

(a) Location of the area

(b) Purpose

(c) Total area/ built up area

(d) Extent of the area required for digging giving length, breadth & depth

(e) Quantity and particulars of the mineral(s) to be removed

(f) Advance royalty

(g) Security (refundable)

3. The applicant further state that:-

i) the royalty at the rates prescribed under First schedule of the rules shall be paid in advance on the mineral(s) excavated incidental to digging of foundation/ basement.

ii) the intention of digging is not to excavate mineral(s) from the said site for commercial mining but for lying of foundation or basement or developmental activity dully approved by the competent authority.

iii) the area is free from any kind of forest (including notifications under Special Section 4 and/ or 5 of the Punjab Land Preservation Act, 1900 and Aravalli Project Plantation).

iv) digging/ construction at the site is otherwise prohibited by any court of law or any authority.

(Name and address of the applicant)

(i) Proof of ownership of land.

(ii) Site plan along with a copy of permission/ sanction of competent authority to undertake development activities or construction of building etc

(iii) The area in question is free from forest/ PLPA/ Aravalli Plantation.

Form PIM6

{See rule 32(2)}

Standard for permits for the grant of permission for disposal of mineral extracted incidental to developmental activities

2. The permission is hereby granted for disposal of the mineral ___________________ (name of minor minerals) tonnes/ cubic meter/ quintals excavated/removed from the aforesaid area subject to the conditions that the permit holder will abide by the safety guards for such excavation or removal.

3. The permit holder shall transport/disposed off the ordinary clay/earth from the site of the excavation, only by issuing a Mineral Transit Pass.

4. The amount of security deposit shall entail no interest. The security amount shall be refunded within a period of three months in case the same is not forfeited or required to be detained for any other purpose under this permit.

5. Any sum due from the permit holder shall be recovered from him as an arrear of land Revenue.

The permission shall be valid up to __________________________.

Signatures __________________
Designation _________________

Form PIM-7

{see rule 33(2)}

Model Form for grant of Permit for disposal of minor mineral excavated in the process of in the maintance of canal and drainage system by the Irrigation Department

2. The amount of due royalty on account of above said mineral amounting to Rs. _______________________ has been paid in advance or shall be deposited by the Executive Engineer Incharge into the Government head by ___________________(date)

3. The permission is hereby granted for disposal of the mineral ___________________ (name of minor minerals) tonnes/ cubic meter/ quintals excavated/removed from the aforesaid area subject to the conditions that the permit holder will abide by the safety guards for such excavation or removal.

4. The permit holder shall transport/disposed off the minor mineral from the site of the excavation, only by issuing a Mineral Transit Pass.

The permission shall be valid up to __________________________.

Signatures __________________
Designation _________________

Form PIM 8

(see rule 56 (19))

Standard for permits for the grant of permission for disposal of newly discovered mineral found in the mineral concession area held by concession holder

2. The permission is hereby granted for disposal of the mineral ___________________ (name of minor minerals) tonnes/ cubic meter/ quintals excavated/removed from the aforesaid area subject to the conditions that the permit holder will abide by the safety guards for such excavation or removal.

3. The permit holder shall transport/disposed off the ordinary clay/earth from the site of the excavation, only by issuing a Mineral Transit Pass issued under the provision of the Haryana Minor Mineral Concession, Stocking and Transportation of Minerals and Prevention of Illegal Mining Rules, 2012.

4. The amount of security deposit shall entail no interest.

5. The permit holder shall undertake mining operation strictly in accordance with the permissions granted for mining of mineral already granted on concession.

6. Any sum due from the permit holder shall be recovered from him as an arrear of land Revenue.

The permission shall be valid up to __________________________.

Signatures __________________
Designation _________________

Form MMP1

{See rule 28, 29 and 56(15)(i)}

Monthly return for the Month of....................................(to be furnished by the mining lessee/contractor/permit holder

Signature of the lessee/contractor/
permit holder or his authorized agent

(a) The Director of Mines and Geology, Haryana, Chandigarh.

(b) The Mining Officer concerned by the 10th of the month following the month under report.

Form MMP2

{see rule 56(15)(ii)}

Annual return to be furnished by the mining lessee/contractor

Annual Statement of Minor Minerals obtained, labourer employed, etc. for the Financial Year ending _____________ 20

Name of the lessee ___________________________
Area of the Lease ___________________________
Village ___________________________
Tehsil ___________________________
District ___________________________

Signature of the lessee/contractor/
permit holder or his authorized agent

(a) Director Mines and Geology, Haryana.

(b) Assistant Mining Engineer/ Assistant Geologist/ Mining Officer concerned.

Form MSE1

{See rule 56 (23)}

Notice for explosive etc. by the lessee

Signature of Owner/Agent/Manager
Dated ________________

1. The Controller General, Indian Bureau of mines, Government of India, Nagpur;

2. The Chief Inspector to Mines, Govt. of India, Dhanbad;

3. The Director, Mines Safety, Govt. of India, Gaziabad;

4. The Regional Controller of Mines, Indian Bureau of mines, Dehradun;

5. The Director Mines & Geology, Haryana;

6. The District Magistrate of the District concerned; and

7. The Assistant Mining Engineer/Assistant Geologist/ Mining Officer of the District concerned

Form MD-1

[See rule 84(1)]

Application for grant or renewal of Mineral Dealer's Licence

(To be submitted in duplicate)

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

The Director,
Mines and Geology, Haryana, Chandigarh
Through
The Assistant Mining Engineer/ Assistant Geologist/ Mining Officer,
Mines and Geology Department,
District.........................................

1. I/We request for the grant/renewal of Mineral Dealer's licence for the period from.................................... to ....................................

2. A sum of Rs. ........................................ on account of application fee has been deposited vide challan No. ........................................ dated ........................................ at ........................................................ (place).

3. The required particulars are given below:-

Signature of the applicant
Name : .......................................
Address: .......................................
.......................................
.......................................

Form MD-2

[See rule 81(4)]

Acknowledgement of Application for Grant or Renewal of Mineral Dealer's Licence

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

Signature of receiving
Officer with seal of office

Form MD-3

[See Rule 84(6)]

Register of applications for Mineral Dealer's Licence

Form MD-4

[See Rule 85(5)]

Model Form for grant/ renewal of Mineral Dealer's Licence

Government of Haryana

Department of Mines and Geology

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

1. ............................................ (Specify whether Major or Minor).

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

3. ............................................

4. ............................................

Conditions of The Licence

(i) the Licensee shall keep accurate and faithful accounts showing the quantity and other particulars containing the particulars of the source and quantity of each the mineral/minerals and/or its products purchased/received and sold/dispatched from the stockyard in the register prescribed for the purpose in form MD-6 and stock register in form MD-7

(ii) the Licensee shall submit monthly returns to the mining officer in charge of the district .................and the Director or officer authorised by him form MD-8 by 10th of the following month.

(iii) the Licensee shall issue Mineral Transit Pass for every carrier transporting the mineral or its products for every trip from the stockyard.

(iv) The Licensee shall allow any authorized person to -

(a) Enter and inspect the stockyard including mineral processing unit, if any, building, office or any relevant premises ;

(b) Survey, weigh, measure or take measurements of the stocks of mineral/ minerals and/or its products lying at the stockyards;

(c) Examine any documents, books , registers or relevant record in the possession of the licensee or any other person having the control thereof or connected therewith and take extracts from or make copies of such documents, books, registers or record;

(d) Examine the Licensee or any person having the control thereof or connected there with;

(e) Collect any other relevant information;

(f) Collect samples of any mineral/minerals and /or its products.

(v) The Licensee shall display the licence prominently at the stockyard or at his/her normal place of business. If at any time the Licence granted under these rules is lost or destroyed, the Licensee shall forthwith report the fact to the Licensing Authority.

(vi) The licensee shall bounden the stock yard with boundary wall or fence the same and shall maintain one entry point and one exit point.

(vii) The Licensee shall comply with the provisions of the Mines and Minerals(Development and Regulation) Act, 1957 and the Haryana Minor Mineral Concession, Stocking & Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 and all orders issued by the State Government from time to time.

(viii) In case of non compliance/default/breach of any of the conditions of the grant or any provisions, the Director or an officer authorise by him may suspend or seize or cancel the licence in accordance with the provisions of the chapter 14 of the Haryana Minor Mineral Concession, Stocking & Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

Seal of the Licensing Authority
Signature of the Licensing Authority

Form MD-5

(See Rule 88)

Register of Mineral Dealer's Licence

(To be maintained separately for major and minor minerals)

Form MD-6

{See Rule 91(i)}

Register having details of purchase and sales of the mineral to be maintained by the Mineral Dealer Licensee Dealer

(To be maintained separately of each mineral)

Purchase

Sale

Form MD-7

[See Rule 90(ii)]

Stock Register to be maintained by a Mineral Dealer

Form MD-8

(See Rule 91)

Monthly return to be submitted by Mineral Dealer Licensee Return for the Month of .............................................

(To be furnished by 7th of every month)

Signature of Licensee

Form TP-1

(See Rule 100)

Application for Mineral Transport Permit

Signatures of the Registered
Owner of the vehicle

Form TP-2

{See rule 100(2)}

Model form for grant of Mineral Transport Permit

Dated .....................................

Signatures of the issuing authority with seal