Assam Minor Mineral Rules AMMCR2013
Assam Minor Mineral Rules AMMCR2013
Assam Minor Mineral Rules AMMCR2013
অসম ৰাজপত্ৰ
THE ASSAM GAZETTE
অসাধাৰণ
EXTRAORDINARY
NO. 100 Dispur, Saturday, 16th March,2013, 25th Phalguna, 1934 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
POWER (E), MINES AND MINERALS DEPARTMENT
NOTIFICATION
Part – I (General)
Chapter – 1
Preliminary
Short title and 1.(1) These rules may be called the Assam Minor Mineral
commencement Concession Rules, 2013.
(bb) “rules” means the rules made under the mines and
minerals (Development & Regulation) Act, 1957 (67 of
1957).
(2) All other words and expressions used in these rules, and
not defined herein but defined in the Act, shall have same
meanings respectively assigned to them in the Act.
Power to grant (3) A mining lease or a mining contract or permit or any other
mining lease or concession or license or transit pass or permit or license or
mining contact or control or regulation of mining or other action under these
any others conce- rules, etc. shall be granted/taken by :-
ssion or license or (a) The Director in respect of minor minerals for industrial
transit pass or permit and specific uses as specified Schedule ‘X’.
etc. (b) The Principal Chief Conservator of Forest and Forest
Force, Assam or any officer authorized by the
Government by notification in this behalf in respect
of minor minerals for uses other than in
industry as specified in “Schedule ‘Y’.
Relaxation in certain
Case (4) (1) No royalty or permit fee shall be charged or
transit permit required for :
Quarrying of minor (5) (1) An application for the grant of mining permit for
minerals by quarrying of any minor minerals by the notified
Government Departments of State or Central Government or
Department / any of their agencies for any work/project, shall
Agencies/Contractors be made by an officer authorized by the concerned Departments
engaged to the competent authority.
by
Government
Departments or
Agencies
.
Chapter – 2
General Restrictions
Part – II
Chapter – 3
Grant of a Mining Lease
Explanation : If the initially determined amount of annual dead rent is Rs. 100/- , it
shall be increased to Rs. 125/- with the commencement of the fourth
year and to Rs. 156.25 with the commencement of the 7 th year and so
on and so forth for the next each block of three years.
Inspection of Register 10. The register of applications for grant of mining lease
and the register of grant of mining leases shall be opened
to inspection by any person or on payment of a fee
of Rs. 100/- on any working day.
Compact area and 11. The area for any mining lease should be compact and
minimum area of lease contiguous as far as possible. However, no mining lease
in case of isolated shall be granted for an area of lease than one hectare in
deposits. case of isolated and small deposits.
Transfer of a mining 12. (1) The lessee or contractor shall not assign, sublet,
lease or contract. mortgage, or any other manner transfer the lease or
contract or any right , title or interest therein, to any
person without prior approval of the competent
authority.
15. (1) An application for renewal of a mining lease shall be decided by the
competent authority within a period of six months of the receipt of complete
application in all respects keeping in view the following parameters :
(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 operation under the original lease grant have
been carried out in a scientific manner.
(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 penalized for non-compliance of the
environmental safe guards, or for any other reason, including
suspension of the mining operations, for whatsoever reasons,
during the original lease period.
Provided that the reduction in the area of mining lease shall not result
in any prorated reduction in the dead rent.
(3) Where the competent authority accords its approval to the renewal
of a mining lease, the annual dead rent shall be increased by an amount of 25% over
the amount of dead rent payable in the last year of the original lease grant. Further,
future increase in such dead rent, on the expiry of each block of three years, shall be
regulated on the same terms and condition as applicable in the case of any mining
lease granted on the first occasion.
Provided that in case the lessee makes an application for surrender of
part area of the lease, it shall not result in any prorated reduction of the dead rent
and the rate of dead rent payable and applicable for the entire area at the time of
such application shall remain intact.
Surrender of a mining 16. (1) The Government may accept the request of a lease
Lease holder for surrender of a lease or part thereof in case where it is
established that it has not been found feasible to operate the
mining lease grant, for whatsoever reason, subject to all
condition that the lessee :
(ii) has been taking the requisite steps for the progressive mine
closure plan as per the conditions of the lease grant.
Execution of mining 17. (1) Where a mining lease is granted or renewed, the
lease Agreement. lease deed shall be executed in Form ML-1 within
a period of ninety days of the date of order of grant
or renewal of the mining lease and duly registered.
(2) If the lease deed is not executed within the aforesaid period, the
order sanctioning the mining lease shall be deemed to have
been revoked and the “advance dead rent” and “security
amount” deposited at the time of auction shall stand forfeited.
(3) The LoI holder/lessee shall also furnish a solvent surety for a
sum equal to the annual bid amount for execution of the
agreement. In case the surety offered by the lessee during the
subsistence of the mining lease is not found solvent, the lessee
shall offer another solvent surety and a supplementary deed to
this effect shall be executed.
Chapter – 4
Grant of mining contract 18. (1) The minor mineral deposits, where the
competent
contracts by competitive authority decides to grant the mineral
concession
bidding. in respect of such area in the form of a contract, may be granted
on mining contract, subject to rule 5, for a specified annual
quantity (or parts thereof) of minor mineral for a period ordinarily
not less than seven years but not exceeding ten years
following a competitive bidding process as prescribed under chapter
6 of these rules.
Renewal of mining
contract. 19. (1) The contractor shall submit an application to the competent
authority for renewal of the mining contract eighteen months prior to
the date of expiry of the contract period in the prescribed
Form MC-2, containing complete details of the mineral
excavated, royalty paid, mineral reserves available, details of
explorations undertaken, if any, along with the details of the areas
reclaims / restored, the sites of overburden, restoration works
undertaken etc. The details regarding compliance of other
statutory requirements such as environmental clearance, safety
provisions as per Mines Act, 1952 and the rules and regulations framed
there under etc. shall also be provided.
Decision on the
application 20. (1) The application for renewal of a mining contract shall be
for renewal of
mining contract. decided on satisfaction of the competent authority with regard to
the following :-
(i) The contractor has complied with all the terms and
conditions of the contract agreements and other permissions for
undertaking mining operations.
Surrender of a ` 21. The Government may accept the contractors request for
mining surrender of a contract or part thereof in cases where it is
contract. established that is has not been found feasible to operate the
contract grant for whatsoever reasons subject to the
condition that the contractor :
(i) has been regular in furnishing the production returns
as required in terms of the contract agreement.
Provided that where the competent authority is satisfied that the LoI
holder/contractor is not responsible for the delay in execution of the contract
agreement, the competent authority may, for the reasons to be recorded in writing
,permit the execution of the contract agreement deed beyond a period of 90 days but
not exceeding 120 days of the expiry of the aforesaid period.
(3) The LoI holder/contractor shall also furnish a solvent surety for a
sum equal to the amount of the annual bid for execution of the agreement. In case
the surety offered by the contractors during the subsistence of the contract is not
solvent, the contractors shall offer another solvent surety and a supplementary deed
to this effect shall be executed.
(4) In case the contractor is not able to remove the whole or any part
of the mineral for which he obtained the contract within the permissible time for any
reasons, whatsoever, within the validity of the contract he shall not be entitled to
claim the refund of contract amount or any part thereof.
Chapter – 5
Grant of permits for 24. (1) Subject to sub-rule 92) of rule 23, permits for
mining over area less mining of minor minerals may be granted by the
than five hectares. competent authority for extraction of minor minerals in
respect of area ordinarily less than five hectares.
Grant of permits for 25. (1) Subject to sub-rule (2) of rule 23, the permit for
removal of saltpeter. excavation of saltpeter, a minor mineral, may be granted
along with suitable restrictions regarding the depth of
excavation which shall generally not exceed 12
inches.
(2) In case more than one individual/agency shows
interest in taking the permit it shall be granted in favour of
the individual/agency offering the highest bid.
Permits for excavation 26. (1) A permit for excavation of brick earth may be
of brick earth by the granted by the competent authority in favour of Brick
Brick Kiln Owners. Kiln Owner only for the purposes of manufacturing of
bricks.
(2) The initial permit shall be granted for a period that co-
terminates with the close of the next financial year so that
the further renewal thereof is allowed on bi-annual basis.
(ii) Lay our Plan of the area from where brick earth is tto
be removed.
(5) The existing brick kiln owner shall apply ninety days before the expiry
of permit already held by him for fresh grant in cases where the extraction of
brick earth has reached the maximum permissible level in respect of area of
the permit already held.
(7) An application for renewal of permit/fresh grant under this rule shall be
submitted within the period prescribed above along with the payment towards
applicable royalty for the ensuing year and a surety for the remaining period
off the permit.
(8) A permit for excavation of brick earth shall be granted in Form PIM-2.
Permits for
Extraction of
clay/earth. 27. (1) Save in the cases covered under sub-rule of ordinary (2) of rule
26, the competent authority may grant permit for lifting of ordinary earth
from an area not already granted on any mineral concession to the
land owner or the person having consent of the land owner on
submission of an application.
(2) The permit for extraction or ordinary earth shall be granted only
upto a maximum depth of nine feet measured from the natural
ground level of said area.
Application fee for permit. 29. The permits, other than those given through
competitive bidding process, may be granted on application
made to the competent authority on Forms submitted
along with non-refundable application fee of Rs. 500/-
Condition on which the 30. (1) Any mining operation in the case of mining
Permit for mining/quarrying of brick earth or ordinary clay or alluvial deposit below a
shall be granted depth of 1.5 metre shall necessarily require 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.
(2) Any quarrying permit granted under these rules shall contain
information with regard to the following :
(xiii) extent of the area or land from where the minor mineral
shall be extracted.
(3) In case of the permit holder is not able to remove the whole or any part of the
mineral for which he obtained the permit within the permissible time for any reason,
whatsoever , he shall not be entitled to claim the refund of permit amount/ royalty or
any part thereof.
(4) The permit holders for the brick kilns shall furnish a solvent surety within fifteen
days of the issue of the permit by submitting an undertaking of such surety that he
would be responsible for deposit of all dues in case the permit holder fails to deposit
the same.
Forfeiture of property left 31.In case of breach of any of the conditionof the grant of
the
after cancellation of the permit, the competent authority may cancel the permit
by passing order after giving thirty days notice to
the permit holder and for reason to be recorded in
writing. On cancellation of the permit, unless
specifically ordered otherwise, the quarried
mineral lying on the land from which the same
was extracted shall be allowed to be removed
by the permit holder within a period of seven days
after which any residual mineral will become the absolute
property of the Government.
Chapter – 6
Mode of Grant 32. (1) Save in the cases specifically mentionedunder these rules and
of mining lease where such mineral concessions may be granted on application, all
or contact or mining of contact orleases/contracts/permits shall be granted through
a transparent process of inviting competitive bids/open auction.
Determination of
reserve 33. (1) The competent authority shall upfront
price for determine the reserve price in each case where
inviting bids/ the mineral concession are granted through
auction. competitive bidding/open auction, as the case may
be.
(2) State’s of priorities with regard to the observance of principles of
sustainable development, inter-generational equities and conservation of minerals,
scientific mining, availability of construction material at economic rate of
development works and the State Revenues shall remain the overarching principles
in fixing the reserve prices.
(3) The reserve price may be fixed keeping in view the past trends, availability
of mineral reserve in the area, the potential, access and proximity to the markets.
However, any aberrations in the auctions held earlier and the bids received of
exceptionally lower or higher amount, due to whatsoever reasons, may be ignored.
(4) In case of no bid/ offer is received against a reserve price fixed for an area
on two successive occasions, the competent authority may revise the reserve price
downwards at appropriate level.
34. (1) A public notice of 21 days shall be published for inviting bids or conduct of
open auctions for the mineral leases/ contracts/ permits, as the case may be.
(3) A copy each of the side public notice shall also be sent in the deputy
Commissioner and others as decided by the competent authority for giving wide
publicity in the area.
35. (1) The intending bidder deposit the earnest money, equal to ten percent of
reserve price and rounded by amount of Rs. 10,000/-, in each case before
commencement of open auction or deposited with the bid, as the case may be.
(2) In case of competitive bids invited through sealed tenders, the earnest
money shall accompany the bid offer the in the form of a Demand Draft drawn in
favour of the competent authority.
(3) In the case of open auctions, the earnest deposited by all bidders, save in
the case where the earnest money has been ordered to be forfeited by the presiding
Officer of any misconduct during the auction proceedings shall be refunded
immediately upon completion of the auction proceedings.
(4) In case the highest bidder fails to deposit 10% of the annual bid amount
towards the Initial bid security’, his earnest money shall be forfeited and such bidder
shall not be eligible to participate in any such auction/ competitive bids in respect of
the same area any others area in the State for a period of five years.
Provider that where any injunction has been granted by a court of law or any
other competent authority staying the recovery of any such amount non-payment
thereof not be treated as a disqualification for the purpose of participation in the
action.
36. (1) The presiding officer shall conduct the auction in a peaceful manner and may
direct any bidder to leave the action premises in the event of a disorderly conduct by
or behalf of bidder. In case of extreme misconduct or misbehaviors, the presiding
officer may order the forfeiture of earnest money deposited by such bidder and
recommend his debarring from participation in any future auctions.
(2) The presiding officer shall send his recommendations through proper
channel to the officer competent to accept tender.
37. (1) No bid shall be regarded as ‘successful’ unless accepted by the officer
competent to accept bid/ tender in accordance with the provision of the Delegation of
Financial Rules,1999 of the State.
(2) The highest bidder shall be required to deposit an amount equal to 25% of
the annual dead rent/ contract money as the ‘security’ along with an additional
amount equal to one month’s dead rent/ contract money in advance.
(3) The process s for completion of the various stages of payment as specified
under sub-rule (2) above shall as follows:-
(i) On completion of bid process i.e the fall of the hammer or the opening of
the scaled 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’ before expiry of the
period allowed.
(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 competent authority and a
letter of Intent (LoI) will be issued in favour of the successful bidder.
(iii)The letter of intent holder shall deposit the balance amount of Bid Security
i.e equal to 15% of the annual bid amount before expiry of the period
allowed.
(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 bid Security.
(v) Wherever a Lot 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 present amount deposited by
him towards ‘initial bid security’ shall stand forfeited. In additional, the letter
of intent holder/ defaulter shall be liable to deposit the unpaid balance of
fifteen percent to make up twenty five present of the bid amount as bid
security.
(vi) Where the LoI holder fails to deposit the unpaid fifteen present amount of
demand, such amount on with interest shall be recoverable as arrea5rs of
land revenge and such bidder shall be debarred from participation in any
subsequent bids for a period of five years.
Chapter- 7
General condition for grant of any mineral concession
38. (1) The lessee/ contractor shall deposit the annual dead rent (in case of
lease) or contract money, as the case may be, in respect of the minor
minerals in four quarterly instalment in advance on the 1 st of April, 1st of
June, 1st of September, and the 1st of December, of the year.
(2) The advance amount paid on account of the instalment along with the
fifteen percent amount of the bid security shall be required to be
deposited/adjusted in a manner that the subsequent instalment are
payable for a full quitter/ year, as the case may be.
(3) In case of a mining lease, the where the amount of royalty payable in
respect of a month exceed the amount of dead rent deposited in advance, the lease
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.
(4) In case where the lease has paid the amount of royalty or dead rent
during a part of year, which the equal to or more than the annual dead rent payable
for the year, he shall not be required to deposited the a advance dead rent for the
remaining period the said year and the royalty for the balance part of the year shall
be deposited by the 7th day of the following month.
(5) Where the lessee/ contractor is operating the area, he shall also deposit/
pay an additional amount equal to ten percent of the due dead rent/ royalty/ contract
money along with installment towards the ‘Mines a and Mineral Development,
restoration and rehabilitation Fund’.
(6) In case of any default in payment of the instilments of dead rent/ contract
money/ royalty/ contribution to the ‘Mines and Minerals Development, Restoration
and Rehabilitation Fund’ on the due that (s), the amount would be payable along with
interest at the following rates:-
Serial
Number Period of delay Rate of Interest application
(ii) If paid after 7 days but up to 15% on the amount of default for
the
30days of the due date: period of default including the grace
period;
(iii) If paid after 30 days but within 18% on the amount of default for
the
60 days of the due date: period of default including the grace
period;
(7) Any default in payment of the due installments of dead rent, royalty,
contract money, contribution to the Found beyond of seven days from the due date
would entail:-
(i) Issue of a notice requiring the mineral concession holder to clear the
default immediately and standing that in case the due amount is paid with in
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 application thereon, the competent
authority shall direct the concession holder to suspend his mining operations and
stop any dispatch mineral from the concession area till such time the default is
cleared;
(iii) The order of suspension issued under (ii) above shall, alia, include a show
cause notice for termination of the lease or contract of permit along with forfeiture of
security in the event of continuation of default for a period thirty days from the date of
order suspension. The concession holder shall also be liable to pay the dues for
such suspension period;
(v) The order of suspension of mining operation and the ban on dispatch of
mineral from the area would remain in force throughout such default period;
(8) The mineral concession holder shall erect boundary pillars around the
mining area at his own expense as per his plan of mining and shall at all times
maintain and keep the same in good condition. Each of the boundary pillars shall
also be numbered along with GPS readings duly marked thereon. The plan annexed
to the concession agreement shall clearly indicate the location of pillars along with
their GPS readings.
(9) The mineral concession holder shall, at all times, carry out the mining
operation subject to the following restrictions:-
(i) Maintain a distance of fifty meters from the outer periphery of the
defined limits of any village habitation, National Highway, State
Highway and other roads 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 fifteen maters from the outer
periphery of the defined limits of any village habitation, National
Highway, State Highway and other road where use of explosives is
required, unless specially relaxed and permitted by the authority or any
specific dispensation is obtained from the Director, Mines
Safety;
(10) The lessee/contractor shall at all times keep and maintain correct and
true accounts of
(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 section of the mine;
And shall allow any officer authorized by the Central or the State Government or
competent authority 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 or the
competent authority with such information and returns, as it may require.
(11) Where the continuance of mining operation in any area, in the opinion of
the State Government, is likely to endanger the safety of any national or
state highway, road, bridge, drainage, reservoir, tank, canal or other
public works, or public or private building, or any other public interest or
in the interest of environment/ecology of the area, the Government may
suspend the operations in the entire concession area or part thereof with
immediate effect by communicating the reasons thereof in writing. The
Government may, wherever so warranted, terminate such mining
lease/contract over entire area or part thereof after giving sixty days
notice to the concession holder in this behalf and the grant of such
mineral concession shall stand terminated from the date specified in the
said notice.
(12) A mineral concession holder shall not stock any mineral outside the
concession area granted on mining lease/contract/permit. The total
mineral excavated and stacked by the concession holder within the area
granted on mining lease/contract/permit shall not exceed two times of
the average monthly production as per approved mining plan at any
point of time.
(13) In cases where access to and from any other mineral concession are
granted under these rules is required to be provided through the
land/area of the lessee/contractor, he shall allow the existing and future
lessee
(14) The mineral concession holder shall ensure unhindered access to any
officer, authorized by the State or Central Government or competent
authority, to enter upon any building, excavation or land comprised in the
concession area for the purpose of inspecting the mines. If the mineral
concession holder creates any hindrance in peaceful inspection of the
mines, the competent authority may take recourse to extreme measure
of cancellation of the mineral concession and forfeit the security deposit
in whole or part thereof.
(i) Submit by the 7th day of every month, a return in From “MMP-1”
containing the total quality of minor mineral raised and dispatched
from the area and other details prescribed in the said from during
the preceding calendar month and its value, to the competent
authority; and
(ii) Also furnish by the 30th April of every year, a statement containing
information in From ‘MM-2’ regarding the quantity and value of
minor mineral extracted, dispatched stacked during the previous
financial year, average number of regular laborers employed
(men and women separately), number of accident (if any)
compensation paid and number of days worked and such other
details as prescribed in the form to the competent authority.
(16) The mineral concession holder shall at all times maintain and, if
required, strengthen any railway line, bridge, national highway, reservoir,
tank, canals, road any other public works or buildings in proper condition
to the satisfaction of the Railway Administration or the competent
authority or any officer authorised by him and shall ensure that no risk is
caused to any such structure as a result of his mining operation.
(17) The mineral concession holder shall report the discovery of any such
minor mineral which is not specified in the concession to the competent
authority or an officer authorised by him without any delay and shall not
dispose off the same.
(18) In case the mineral mineral concession holder incidentally extracts any
major mineral, in the process of extracting minor minerals granted
through the mineral concession, which is not formatting part of the
concession the same shall be the property of the Government and the
mineral concession holder shall stack and the same separately and
maintain its proper record in accordance with the directions given by the
competent authority.
The competent authority shall lay down a procedure for the disposal of the
major mineral so detected, excavate and stacked.
(19) In case, it is detected that the mineral concession holder has disposed of
the incidentally extracted major mineral in whole or part thereof or fail to
maintain the record of the stored mineral mineral in terms of sub-rule
(18) Above, he shall be liable to penalties as specified in sub section (1),
(4) and (5) of section 21 of the Act and also termination of mining lease/
contract.
(20) In case the mineral concession holder not commence mining operations
within period of one hundred and eighty counted from the date of
commencement of the mineral concession, notwithstanding the payment
of dead rent/ contract money by, him, the mineral concession shall be
liable to be terminated unless specifically permitted by the competent
authority on application for reasons to be recorded in writing,
(22) The competent authority will make arrangements for the survey and
demarcation of the area granted under the concession at the expense of
the mineral concession holder. The mineral concession holder shall
have to bear actual expenses of the staff deputed for the work, which
shall include prorated salary of the staff, travelling allowance and daily
allowance of the staff deployed and instrument usage charge which shall
be equal to ten percent of the staff charges.
(23) A safety margin of two meters shall be maintained above the ground
water table while undertaking mining and no mining operations shall be
permissible below this level unless a specific permission is obtained
from the competent authority in this behalf.
(24) A mineral concession may contain and provide for such additional
condition as the competent authority may deem necessary with regard but not
limited to the following:-
(iii) Payment of rent for use of the surface area and compensation
for damage to the landowner in respect of land covered under
lease/ contact;
(iii) The maximum depth of mining in the river-bed shall not exceed
three meters measured from the un-mined bed level at any point
of time with proper bench formation;
(iv) Mining shall be restricted within the central 3/4 th width of the
river/ rivulet;
41. (I) In case the mineral concession holder to (a) undertake mining
in a scientific and systematic manner, or (b) undertakes mining in
violation of environmental safeguards, or (c) fails deposit the due
amount of dead rent, royalty, contract money or any other amount due
to the Government under these rules, or (d) fails to comply with any of
the terms and conditions of grant of the mineral concession agreement
or other condition imposed by any other State/ Central agency at the
time granting permission/ approval for undertaking mining action, or (e)
fails of comply with any others directorate issued during the
subsistence of the mineral concession, the competent authority shall
have the right to suspend the mining operations or prematurely
terminate the lease/ contract along with forfeiture of part of full amount
of security after following the prescribed procedure.
(vi) install fuel pumps or stations or diesel or petrol for self-use with the
permission of the authority;
(vii) construct magazine for explosive and storage sheds for explosive
related substances with permission from the licensing authority;
(viii) store over-burden/ waste material in area identified for the purpose;
and
(ix) 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.
43. (1) The Government shall have the right of per-emption of the minor
mineral and all products thereof lying over the area granted on a mineral
concession or elsewhere under the control of the mineral concession holder
at all times during the term of any mineral concession. Upon issue of an
order by the Government in writing to this effect, the mineral concession
holder deliver all minor mineral of product thereof to the Government at rates
worked out on the basis of average billing of mineral for the last one month at
the pit head in such in quantities and in such manner as may be specified in
the order exercising the said right.
Chapter – 8
44. (1) Where a mineral concession is granted under three rules over any
land in respect of which minor mineral rights vest in the State Government,
the rights of the landowner shall be subordinate to that of State Government
for extraction of the mineral, access to the quarry/ mine, stacking of minerals
of minerals and other subsidiary purposes. The landowner is entitled to a fair
rent and compensation for such use of the land and any damage or injury
caused to such land.
(2) A mineral concession holder, who is granted the mineral concession under
these rules, is entitled to use the land/ area for extraction of mineral in respect
of which the said concession is granted. The mineral concession holder will
be pay (a) the annual rent in respect of the land area blocked under the
concession but not being operated, and (b) the rent plus compensation in
respect of the area used for actual mining operation.
(3) In case the landowner to used part of the area granted under the mineral
concession for his normal operation for which it was being used prior to the
grant of mineral concession, concurrent with the concession grant, no rent
shall be payable in respect of such portion of land which is not being used for
actual mining operations for such period as it remains available to the
landowner for his normal use, In case where the mineral concession holders
blocks the entire concession area as a result of which the landowner is able to
use such land or part thereof for his normal operations, the rent shall be
payable in respect of entire blocked area.
45. The amount of annual rent and the compensation shall be settled
mutually between the landowner and the mineral concession holder.
(2) Where the land owner is not agreeable for a mutual settlement under rule
46 and is not satisfied with the rent offered to be paid under sub-rule (1)
above, the landowner or the concession holder may apply to the competent
authority to make a reference to the District Collection for determination of the
fair rent payable in respect of such land.
(3) Where either of the parties a reference prefer a reference to the Destruct
Collector under sub-rule (2) above, the competent authority shall forward the
reference to the District Collection for determination of the fair market rent of respect
of such land. The competent authority shall also require the mineral concession
holder to deposit the rent for one year as prescribed under sub-rule (1) above as a
tentative compensation with the Collector. Upon so doing, the mineral concession
holder shall be entitled to commence mining operation over said the land area.
(4)Upon a reference from the competent authority, the District Collection may
upon parties to furnish the details of their claims and counter claim, inter alia,
containing information on the parameters prescribed under sub-rule (5) of this rule
and afford an opportunity of hearing to the parties.
(5) (a) Pursuant to the hearing granted to the parties to the reference, the
District Collector shall determine the fair market rent of the land keeping in view the
following:-
(ii) use to which such land was being put immediately before the
grant of minerals concession;
(iii) annual rent 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;
(b) 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.
(6) Notwithstanding the parameters prescribed for determining the fair market
rent under sub-rule (5) above, Collector shall not determine the rent at a rate lesser
than the amount of annuity payable in case of land acquisition.
(7) The District Collector shall order parties and the mineral concession holder
to pay such rent to the landowner from time to time, as determined by him.
(8) Any appeal against the order of district Collector shall lie with the
Government.
47. (1) In additional to the rent settled between the parties under rule 45 or
determined and payable under rule 46, landowner would also be entitled to payment
of a fair and reasonable compensation for any damage caused to such land in
respect of the area under actual mining operations.
(2) In cases where the amount of compensation is not mutually settled between
n the parties under rule 45, the tentative amount of compensation shall be equal to
10% of the annual contract money, dead rent/ royalty actually paid by the mineral
concession holder to the Government, less the amount of rent settled or determined.
(3) Where the landowner or the mineral concession holder is not agreeable to
accept the amount of compensation prescribed under sub-rule (2) above, either of
them may see k a reference through competent authority to the district Collector for
determination of fair and reasonable compensation with reference to the damage or
injury caused to such land. Pending a decision by the District Collector on such
reference by either of the parties, the mineral concession holder shall deposit the
tentative compensation amount for one year with the District in accordance with sub-
rule (2) above, whereafter the concession holder be entitled to operate the area.
(4) Upon a reference from the competent authority, the District Collector shall
proceed to determine the fair compensation amount on account of any damage likely
to be caused to such land on account of the mining operation. The Collector shall
invite claims and counter claims and afford an opportunity of hearing to the parties
before determining the compensation amount.
(5) (a) The Collector shall determine the fair compensation for the damage or
injury caused to such land keeping in view the following:-
(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 operation or
the damage is irreversible;
(iv) economic activity for which such land used after mine closure, with
or without any investment, and the kind of returns it is capable of
yielding after such restoration.
(b) While determining the compensation amount, the Collector shall keep in
view in the total rent and 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 collection may
determine the compensation amount keeping in view that the landowner would
continue to retain the ownership of land after the course of mining operations.
(c) 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 keep be kept in view while settling the
compensation for the disputed area.
(7) The compensation amount determined by the District Collector shall be final
and binding on parties and the mineral concession holder shall be liable to pay such
compensation amount to the landowner annually during the currency of the mineral
concession.
(8) An appeal against the order of the Collector shall lie with the Government.
Part – III
Scientific and Systematic Mining and Environmental Safeguards
Chapter – 9
48. Any mining operations under a mineral concession granted under these rules
shall be undertaken by the mineral concession holder in accordance with duly
approved ‘mining Plan’
Provided that the State Government may exempt certain specified nature of
mining activities from the requirement of preparation of a mining plan.
49. (1) Non person shall be registered as a ‘Recognised Qualified person’ for the
purposes of rule 50 (1) by the Director, unless he possesses:-
(3) The applicant recognized under sub-rule (2) above shall be so registered for
period of ten year and his registration may be further renewed on application and
deposit of fee as applicable at such time for a further period not exceeding ten year
at any time.
(2) The Director shall specify all such person who are so recognized by him
under sub-rule (1) above and keep such a list published and updated on the
website of the department.
51. The Director may authorized any of his officer to approve or modify the
Mining plan/ scheme of mining for mining of Minor Mineral in the State subject
to such officer fulfilling the following qualification:-
52. (1) Every mineral concession holder shall prepare a Mining Plan along
with the Mine Closure plan (Progressive and Final) and shall not commence
mining operation in any area except in accordance with such Mining Plan duly
approved by an officer an authorized by the Director in this behalf. The plan
shall also contain the conceptual plan of the mining area and take into
consideration the following aspects:-
(2) Where the mining operations have already been undertaking under
an existing mineral concession before the commencement of these rules, the
holder of such mineral concession shall also submit a Mining Plan along with
Mine Closure plan within a period of ninety days from
(4) Every mining plan shall contain all plans, serially numbered or
suitably indexed. The tracings or copy of such plan and sections duly certified
for its correctness by the owner, agent, mining engineer or manager or
geologist, by the mining engineer/ geologist appointed by the concession
holder, shall be kept at the site officer of the minor mineral mine/ concession
area.
(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 regarding;
(ii) The plan of the area under concession showing the nature and
extent of the mineral body/ spot where the mining operations
are proposed to be undertaken;
(iii) The plan of the area showing nature water courses, limits of
reserves and other forest area and density of trees, if any,
assessment of impact activity on forest, land surface and
environment including air and water pollution i.e the
Government management plan;
(iv) Details of the geology and lithology of the area including the
estimated mineral reserves of the area;
(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 Mining Plan;
(6) In additional to the requirement stipulated under sub-rule (4) above, every
mining shall delineate the approach in respect of environment safeguards and
restoration and rehabilitation measures of the area with regard to the
following, among others:-
(iv) Abatement of and control over noise arising out of mining and
processing operations for mining 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;
(7) The mining plan once approved, shall be valid for the mineral
concession period, unless revised and modified and got approved during the
concession period.
53. (1) where any modification of approval mining plan is required during
the subsistence of the mineral concession holder shall get any such
modification approved.
(4) The Director shall approve the mining plan or such modified mining
plan or scheme of mining with or without any modification, as deemed
appropriate, within a period of forty-five days from the date of receipt or
submission of such application for approval of mining plan or modified mining
plan or scheme of mining, as the case may be.
Chapter- 10
Chapter -11
58. A found known as the ‘Mines and Mineral Development, Restoration and
Rehabilitation Found’ shall be established under ‘Public Account’ in the State
of Assam under the administrative control of the Department to which
rehabilitation charge payable under clause (i) of sub section (1 A) of section
15 of the Act shall be credited in order to meet the following objectives:-
Contributions 59.(1) An amount equal to ten percent of the dead rent or royalty
or to the fund contract money paid to the State shall be charged from the
mineral concession holder in the nature of ‘other charges’ for
restoration and rehabilitation works and credited to the Fund in
addition to the amount payable to the Government on account of
such dead rent or royalty or contract money.
(2) The said contribution shall be remitted by the mineral
concession holder in installments along with the installments of
dead rent or royalty or contract money , as the case may be. Such
amount shall be reconciled at the close of the financial year and
any differential of the amount due shall be adjusted or paid on
reconciliation.
(3) The department shall maintain complete account of receipts
to the Fund and the expenditure there from and shall invest the
progressive accumulated corpus in a manner so as to earn secure
returns therefrom.
Expenditure out 60. The amount available in the Fund shall be utilised strictly for
Of the fund fulfilment of the objectives for which the fund is being set up and on
the terms and conditions as may be stipulated by the
Committee constituted under rule 62.
Restoration and 61. The expenditure on restoration and rehabilitation of the mining
sites Rehabilitation shall remain the first charge on the fund.
Works to remain
The first charge
On the Fund
Sanction of 62. (1) Any or all proposals for expenditure from out of the
Expenditurefrom Fund shall be approved by a committee of officers headed by
the the Fund Secretary of the department and consisting of
representatives from the Department of Mines and Minerals ,
Finance, Environment and Forest, Health, Education, Panchayat
and rural development and Social Welfare.
Illegalor 63. Any person undertaking any mining operations without a valid
mineral unauthorised concession granted under the Act and the rules framed
thereunder in any Mining area shall be deemed to be indulging in illegal or
unauthorised mining and shall be dealt in accordance with the
provisions contained in this chapter.
Consequences 64. Any act of illegal or unauthorised mining shall be liable to the
of illegal or following :-
unauthorised
Mining (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
realization 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 be released only upon
realization 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 ;
of the offence and shall be liable to be proceeded against and punished accordingly :
Chapter – 13
Delegation , review and Appeals
Delegation 66. The Government may delegate any powers under these rules, save
in the cases of appeals and subject to such restrictions as it may deem appropriate
to the competent authority, by an executive order. Similarly, the competent authority ,
may delegate any of his powers under these rules, save in the case of appeals, and
subject to such restrictions as he may deem appropriate, to any of his subordinate
officer(s) by an executive order.
Review 67. The Director/Principal chief Conservator of Forest and Head of Forest
Force, Assam may, either on an application from an aggrieved
party or on his own motion , review the orders passed by b him
under these rules in any matter.
Time allowed 69. (1) Any application for review under rule 67 and an appeal under
for appeals or rule 68 (1) can be preferred within a period of Sixty days of the passing
review of the impugned order.A delay up to thirty days beyond the permissible
appeal
period may be condoned by the Director / Principal Chief
Conservator of Forest and Head of Forest Force, if found justified.
(2) A second appeal against the orders of the Director / Principal Chief
Conservator of forest and head of Forest Force, under rule 68 (2) can be filed
within a period of 45 days of the passing of the impugned order. A delay for up
to thirty days beyond the permissible period may be condoned by the
Government, if found justified.
Fee for review 70. (1) Every application for review or appeal shall be accompanied
or appeal with the fee as prescribed in the Second Schedule appended to these
rules.
Chapter – 14
Miscellaneous
Power to rectify 71. (1) The competent authority may at any time , within six months, from
inadvertent the date of the order passed under these rules, on its own motion
rectify mistakes. any mistake or error apparent on the face of the record, and may within
the like period rectify any such mistakes or error which has been
brought to its notice by an applicant for thr grant of the minor
mineral(s) concession.
Recovery of 72. (1) Any rent, royalty, fee, contract money or other sum due to the
Government Government or penalty imposed under these rules or under the terms
dues as arrears and conditions of the mining lease or contract or permit and remaining
of land revenue unpaid, shall constitute a first charge on the assets of a mineral
concession holder or the surety furnished under these rules and
shall be recoverable as arrears of Land Revenue.
Unauthorized 73. (1) No person shall undertake any mining operations in any area,
working except under and in accordance with the terms and conditions
of a mineral concession granted under these rules.
Relaxation in 75. (1) The Government may, for reasons to be recorded in writing, relax
special cases any provision of these rules in cases where any mineral concession is
granted to any Government Department , or a company or a
corporation wholly owned or controlled by the State or Central
Government.
Commencement 76. A mineral concession granted under these rules, in whatever form,
of the grant of a shall commence from the date of execution of the agreement n of from
mineral such date as specified therein.
Concession
Concession 77. All lease deeds or contract agreements effective for a period of 11
months or more shall be duly registered with the Registrar. All
registration of
Lease Deeds/ expenditure on registration of the lease deed or contract
agreement shall contract be borne by the concession holder.
Agreements
Applicability of78. Grant of any mineral concession or other permissions under these
rules other statutes shall not absolve the holder from the applicability of other
statutes.
Repeal and 79. (1) The Assam Minor Mineral Concessions Rule, 1994 as amended
from savings time to time, in their application to the State of Assam are hereby
repealed.
Now, therefore, this deed witnesses and the parties hereby agree as
follows:
3. The lessee shall hold the premises hereby granted from the
________
Day ____________ for the term of _______________years thence
next ensuring.
Part - 1
Liberties and privileges to be exercised and enjoyed by the Lessee(s)
Liberty to enter upon and use sufficient part of the surface of the said
lands
for the purpose of stocking , storing or depositing therein any produce of the mines
including over burden or waste material and works carried on ad tools, equipment and
other materials needed for mining operations.
8. To install fuel pumps or stations for diesel or petrol for self use :
Liberty to use sufficient part of the land for installing fuel pumps or
stations for diesel or petrol for self use or consumption required for mining
operations in the lease area, subject to permission of the authority.
Part –II
Restrictions as to the exercise of the liberties by the lessee
The liberties and privileges granted under Part – I are subject to the
following restrictions and subject to other provisions of this lease :
(i) Within a distance of 50 meters from the outer periphery of the defined
limits of any village, habitation, National Highway, State Highway and
other roads, 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, habitation, National Highway, State Highway and
other roads, 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 500 meters from major structures like R.C.C
Bridges, Guide bund etc. ; 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.
Provided that where the continuance of any mining operations in any area,
in the opinion of the Government is likely to endanger the safety of any
National or State Highway, rod, bridge, drainage, reservoir, tank, canal or
other public works, or public or private buildings or in the public interest or in
the interest of environment/ecology of the area, the Government may
determine the lease after giving 60 days notice to the lessee in this behalf
and the lease shall stand terminated on the date mentioned in this notice.
That the lessee in respect of sand zones, shall restrict the quarrying
operations to maximum four villages of the zone at any point of time during
the subsistence of the lease. The lessee shall have a right to change the site
any time during the subsistence of the lease on settlement of compensation
with the land owners of new site of the zone from where he intends to extract
sand but ceiling of maximum four villages shall be adhered to strictly and such
change of site shall be intimated to the competent authority.
Before using for surface operations any land which has not already
been used for such operation, the lessee shall give notice in advance to
the collector of the District, the competent authority and the officer-in-
charge __________ in writing along
with copy of permission to undertake mining specifying the situation and the extend
of the land proposed t be so used and the purpose for which the same is required
and the said land shall not be so used, if objection is issued by the collector.
The lease shall not stock the mineral (s) excavated inside the lease hold
area at the designated site more than twice the quantity of the average
monthly production as par approved mining plan/ scheme.
The lessee shall pay royalty on the quantity of the said minor mineral
dispatched from the leased area at the rates as per First Schedule of the Assam
Minor Mineral Concession Rules,2012 and as may be revised by the State
Government from time to time.
2. Surface rent :
The lessee shall pay Surface rent for the surface area occupied by him as per
rule 44.
3. Dead rent :
The lessee shall pay for every year dead rent at the rate as fixed by the
Government for time to time.
Where the mining lease is granted by competitive bid/auction under rule 8:- 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.
Provided further that if the lease permits the working of more than on minor
mineral in the same area, the Government may charge separate dead rent in respect
of each minor mineral:
Provided that the mining one minor mineral does not involve the working of
another minor mineral:
Provided further that the lessee/lessees shall be liable to pay the dead rent
or royalty in respect of each mineral, whichever be higher but not both:
Provided further that lessee/lessees shall deposit the dead rent at the
rates as revised and notified from time to time by the State Government.
4. Security deposit:
25% of the annual bid amount/ rate of dead rent. The security amount to be
deposited as per following:-
Provided on enhancement of the dead rent after expiry of every three year
period of lease the lessee shall deposit the balance amount of security so as
to upscale the security amount equal to 25% of the revised annual dead rent
as applicable for one year with respect to next block of three years
(b) The lessee during the subsistence of the lease, pay in advance to the
Government the installments of the dead rent in respect of the said land
given to him/ them on mining lease in four quarterly installments on the 1 st
of April, 1st of June , 1st of September and 1st of December of the year.
(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, whichever 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 7 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 pert of the year, which is equal to more than the annual dead rent
payable for the year, he shall be not be required to deposit the advance
dead rent for the remaining period of the said year and the royalty for the
balance par of the year shall be deposited by the 7 th day of the following
month.
Where the lessee is operating the area, he shall also deposit/ pay an
additional amount, equal to 10% of the due dead rent or royalty, whichever
is more along with amount of installments on account of dead rent or
royalty, towards the 'Mines and Minerals Development Restoration and
Rehabilitation Fund' separately established under these rules.
7. Interest on delayed payments :
Unless the competent authority for sufficient cause allows otherwise, the
lessee shall commence mining operations 180 days from the date of
execution of the lease and shall thereafter conduct such operations in a
proper, skilful and workman like manner.
Explanation;- For the purpose of this clause, mining operations shall include
the erection of machinery laying of a tramway or construction of a road in
connection with the working of the mine.
The lessee shall at his own expenses, erect and at all times maintain and
keep in good repairs boundary marks and pillars according to the plan
annexed to the lease. Each of the pillars should be numbered and every pillar
shall have GPS reading.
11. Accounts :
The lessee shall keep correct accounts showing the quantity and other
particulars of all minerals obtained from the mines and the number of persons
employed therein and a complete plan of the mine and shall allow any officer
authorized by the Assam Government or the central Government in that
behalf to examine at any time any accounts and records maintained by him,
and shall furnish to the Assam Government or competent authority or the
Central Government or the competent authority with such information and
returns as may require.
The lessee shall allow any officer authorized by the Assam Government and
the Central Government or competent authority to enter upon any building,
excavation or land comprised in the lease for the purpose of inspecting the
mines.
14. Returns:
The lessee shall immediately give notice in writing in Form ‘IMSE1’ to the
following:
The lessee shall make and pay such reasonable satisfaction and
compensation for all damage, injury or disturbance which may be done by him
in exercise of the powers granted by the lease and shall indemnify the
Government against all claims which may be made by third parties in respect
of such damage, injury or disturbance.
The lessee shall abide by the provisions of Mines Act. 1952, and the rules
framed there under and also the provisions of other labour laws both central
and State as are applicable to the workman engaged in the mines and
quarries relating to the provisions of drinking water, rest shelters, dwelling
houses, latrines and first – aid and medical facilities in particular and other
safety and welfare provisions in general, to the satisfaction of the competent
authorities under the aforesaid Acts, Rules and Regulations and also to the
satisfaction of the District Magistrate concerned. In case of non compliance of
any of the provisions of the enactments as aforesaid, competent authority
may terminate the mining lease by giving one month’s notice with forfeiture of
security deposited :
Provided that the lessee shall carry out mining operations in accordance
with all other provisions as applicable for undertaking mining including the
provisions of Forest (Conservation) Act, 1980 and Environment (Protection)
Act, 1986 and the rules made there under.
20. To report accident :
The lessee shall without delay report to the Deputy Commissioner of the
district concerned and the competent authority or any other officer authorized
by him, any accident which may occur at or in the leased area.
The lessee shall well and properly secure pits and shafts and will not
without permission in writing, willfully close, fill up or close any mine or shaft.
The lessee shall not enter upon or commence any mining operations in any
forest land comprised in the leased area except after obtaining permission in
writing of the Forest Department, Assam.
The lessee shall not injure or cause to deteriorate any source of water, power
or water- supply and shall not in any other way render any spring or stream or
water unfit to be used or to do anything to injure adjoining land, villages or
houses.
The lessee shall duly and regularly pay to the appropriate authority all taxes,
cusses and local dues in respect of the leased area, said minor minerals or
the working of the mines.
The lessee shall also deposit / pay additional amount equal to 10% of the
amount of royalty/ dead rent along with the payment of royalty or dead rent,
whichever is more, by the 7th of every month, to ensure the compliance of the
Reclamation and Restoration works. This additional amount shall be refunded
after satisfactory Reclamation/ Restoration of the area after mining in
accordance with the Mine Closure Plan :
Provided that in case the lessee fails to reclaim/ restore the area as per
mining plan to the satisfactions of the State government, the amount
deposited shall be forfeited and used for the restoration of the area :
Provided further that in case no rehabilitation position of the mine comes during the
tenure of the mining lease, the amount so deposited shall be kept by the State
Government in the mining area development fund for future use as and when the
mine reaches to a stage requiring restoration and rehabilitation.
29. Assign sublet or transfer of the lease :
The lessee shall not assign, sublet or transfer the lease to any person without
obtaining prior permission in writing from the competent authority.
30. Fencing of working place :
The lessee shall not fell or cut any tree, standing on the land wherein the
quarry is located without obtaining prior permission in writing from the Forest
Department, Assam and paying its price as fixed.
The Government shall not be responsible for any kind of loss 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 :
The Government may by giving “six months’’ prior notice in writing determine
the lease if the Government consider that the minor mineral under the lease is
required for establishing an Industry beneficial to the public :
Provided that in the state of National Emergency or war, the lease may be
determined without giving such notice.
The government shall from time to time and at all times during the terms of
lease have the right (to be exercised by notice in writing to the lessee) of pre-
emption of the said mineral(s) and all products thereof lying in or upon the
said lands hereby demised or elsewhere under the control of the lessee and
the lessee shall deliver all minerals or products thereof to the Government at
current market rates in such quantities and in the manner at the place
specified in the notice exercising the said right.
In case the occupier(s) or owner(s) of the said land refuses his/ their consent to
the exercise of the rights and powers reserved to the Government and demised to
the lessee under these presents, the lessee shall report the matter to the competent
authority who
Shall request the Collector of the District concerned to direct the occupier(s) or
owner (s) to allow the lessee to enter the said lands and to carry out such operations
as may be necessary for working the mine, on payment in advance of such rent or
compensation to the occupier or owner by the lessee, as may be fixed by the
collector as per the provisions of rules 46 and 47 of the rules
6. Suspension of mining operations :
The competent authority may order to suspend the mining operation after serving
a notice to the lessee, in case, the following violations are noticed :-
(a) Unsafe and unscientific mining;
(b) Non operation of weighbridge;
(c) Non payment of compensation to the surface owners;
(d) Non payment of compensation to the surface owners;
(e) Non submissions of monthly returns;
In case of violations of the aforesaid conditions and also any other terns and
conditions of the agreement deed and the provisions of the rules, the competent
authority may give a notice to the lessee to remedy the violations within a period of
15 days from the date of issue of the notice . In case, the violations pointed out
through notice, are not remedied within the stipulated period of 15 days, the
competent authority may after affording an opportunity of being heard to the lessee ,
order the suspension of the mining operations till such time, the defaults/defects are
removed by the lessee within the time frame (within a maximum period of six
months) granted by the competent authority. During the period of suspension of
mining operation, the lessee will be allowed only to undertake rectification work for
removal of the defects and shall not dispose of the mineral. During the suspension
period, the lessee shall be under the obligation to deposit the amount of the dead
rent on the due dates.
On satisfactory removal of the defects, the competent authority may revoke the
suspension orders with or without any modification. Non removal of the defects/
defaults during the suspension period and within the time allowing by the competent
authority, shall lend to premature termination of lease.
Part-V
General
1. Cancellation:
Every notice by these presents required to be given to the lessee shall be given in
writing to such person resident on the said lands as the lessee may appoint for the
Purpose of receiving such notices and if there shall have been no such appointment
then every such notice shall be sent to the lessee b registered post addressed to the
lessee at the address recorded in this lease or at such other address in India as the
lessee may from time to time in writing to the competent authority designate for the
receipt of notices and every such service shall be deemed to be proper and valid
service upon the lessee and shall not be questioned or challenged by him.
The lessee should remove his property lying on the said lands within three
months after the expiry or sooner determination of the lease or after the date
from which any surrender by the lessee of the said lands under relevant rules
of the Assam Minor Mineral Concession Rules.2012 becomes effective, as
the case may be, the property left after the aforesaid period shall become the
property of the government and may be sold or disposed of in such manner
as the competent authority shall deem fit without liability to pay any
compensation therefore, to the lessee.
The Government may accept the request of a lease holder for surrender of a
lease or part thereof in cases where it is established that it has not been found
feasible to operate the lease grant for whatsoever reasons subject to the
condition that the lessee :
(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;
The lessee shall get himself registered with the commercial taxes Department
of Assam State and shall obtain the state Tax Number.
10. Overriding effect :
Witness :-
1. ______________________________
2. ______________________________
Signature of surety
Witness
1. _____________________________________
2. _____________________________________
FORM ML- 2
{See rule9(1)}
(Register of application for grant/ renewal of Mining Lease)
1 Serial Number
5 Situation of the land applied for viz village and district with details
9 Final disposal of application together with number and date of the order
10 Remarks
1 Serial number
FROM ML- 4
{See rule 12(10)}
(Model form for transfer of Mining lease / Mining Contract)
The indenture made this ______________________ day of …………………….
20……………………… between ……………………………… (Name of the person
with address and occupation) (hereinafter referred to as the “ transferor” which
expression shall where the context so admits be deemed to include his heirs,
executors, administrators, representatives and permitted assigns).or
Where the transferors are more than one individuals ……………………….. (Name of
the persons with address and occupations) and ……………………. (Name of the
persons with address and occupations) ( hereinafter referred to as the “ transferor “
which expression shall were the context so admits be deemed to include their heirs,
executors, administrators, representatives and their permitted assigns) . or
Where the transferees are more than one individuals …………………………. (Name
of the persons with address and occupations) and …………………………. (Name of
the persons with address and occupations) (hereinafter referred to as the
“transferee” which expression shall where the context so admits be deemed to
include their heirs, executors, administrators representatives and their permitted
assigns). Or
to as the “transferor” which expression shall where the context so admits shall be
deemed to include all the said partners, their respective heirs, executors, legal
representatives and their permitted assigns).
Where the Government of Assam c the “Government “ which expression shall where
the context so admits be deemed to include successors and assigns) of the third
part.
2. The transferee hereby covenants with the Government that from and after the
transfer and assignment of the lease/ contract, the transfer shall be bound by,
and be liable to perform, observe and conform and be subject to all the provisions
of all the covenants, stipulations and conditions contained in said hereinbefore
recited lease in the same manner in all respects as if the lease /contract had
been granted to the transferee as the lease/contractor there under and he had
originally executed it such.
3. It is further hereby agreed and declared by the transferor of the one part and
transferee of the other part that ;-
(i) The transferor and transferee declare they have censured 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 ;
(ix) The transferor has paid all the rents, royalties, and other dues towards
Government till the date, in respect of this lease;
In witness whereof the parties hereto have signed on the date and year first above
written.
1. …………………………… 1……………………………
2. …………………………….. 2. ………………………….
Signature of Transferee
Witness;-
1. ………………..
2. ……………….
FORM ML – 5
See rule 13(2)
(Application for renewal of Mining lease)
Received at ______________________ (place) ______________________(Hours)
on the _______________________day of____________
From
_________________________
_________________________
_________________________
To
The ______________________
__________________________
__________________________
I. I/ we hereby apply for renewal of mining leases for
___________________________(name of the minor mineral(s) fo9r a
term of ______________________ year over ________________
hectares of the land in the area specified in the Schedule.
II. A sum of Rs...............................on account of application fee payable
under rule 13 of the Assam Minor Mineral Concession Rules, 2012,
deposited in the Government Treasury and receipted challan thereof/
Demand Bank Draft No. -----------------------dated------------------is enclosed.
III. The required particular are given below : -
PARTICULARS
1 Name of applicant individual/firm/company or society
2 Nationality of the individual or place of registration or
incorporation of firm or company and place of business.
12 In case the renewal applied for is only for part of the lease
held:-
a. The area applied for renewal.
b. Description of the area applied for renewal.
c. Map (in triplicate) of the lease held with area applied for
renewal clearly marked on it (copy of map attached).
(Signature of applicant)
Place________________
Date_________________
No. Dated
Received the application with the following enclosure for a mining lease
in respect of minor mineral of Shri/M/s_____________________________________
at _____ ____AM/PM on ________ for about _____________hectares of land
village ____________ sub-division ___________ district ______________ for
mining of _______________ (Name of the minor mineral):
Enclosures:
FORM MC-1
Part – I
Liberties and privileges to be exercised and enjoyed by the Contractor
The following liberties and privileges may be exercised and enjoyed by
the contractor subject to the other provision of contract :-
i. To enter upon land and search for win work:
Liberty at all times during the term hereby demised to enter upon the
said lands and to search for mineral, bore, dig drill for win, work, dress, process,
convert, carry away and dispose of the said minor mineral(s).
Liberty to sink, drive, make, maintain, and use in the said land and pits,
shafts, inclines, drifts, levels waterways, airways and other works and to use,
maintain, deepen or extend any existing works of the like nature in the said lands.
iii. To bring and use machinery, equipment:
Liberty to erect, construct, maintain and use on or under the said lands
any engine, machinery, plan, dressing floors, furnaces, coke ovens, brick kilns,
workshop, store houses, bungalows, godowns, shed and other buildings and other
works and conveniences of the like nature on or under the said lands.
iv. To use water from streams:
Liberty but subject to the rights of any existing or future contractor and
with the written permission of the Collector concerned to appropriate and use water
from any streams, water course, springs or other source in or upon the said lands
and to divert, step up or dam any such stream or water- course and collect or
impound any such water and to make, construct and maintain any water course,
cultivated land, village buildings or watering places for livestock of a reasonable
supply of water as before accustomed nor in any way to foul or pollute any streams
or springs: provided that the contractor/contractors shall not interfere with navigation
in any navigable stream nor shall divert such stream without the previous written
permission of the Government.
v. To fell undergrowth and utilizes timber and trees:
Liberty clear undergrowth and brush wood. Contractor shall not fell any
trees or timber standing or found on the said lands without obtaining prior permission
in writing from the Forest Department. In case such permission is granted, he shall
pay in advance, the price of the trees/timber to be felled to the said Officer at the
rates, fixed by him.
vi. To get building and roads material:
Liberty to quarry and get stones, gravel and other building and road
materials and ordinary clay and to use and employ the same and to manufacture
such clay into bricks or tiles and to use bricks, tiles but not to sell any such material,
brick, tiles.
vii. To use land for stacking purpose:
Liberty to use a sufficient part of the surface of the said lands for the
purpose of stocking, storing or depositing therein any produce of the mines including
over burden/waste material and works carried on and tools, equipment and other
materials needed for mining operations.
viii. To install fuel pumps or stations for Diesel or petrol for self use:
Liberty to use a sufficient part of the land for installing fuel pumps or
stations for diesel or petrol for self use/consumption required for mining operations in
the contract area, subject to permission of the authority.
ix. To construct magazine for explosive and storage sheds:
Part – II
Restrictions as to Exercise of the Liberties by the contractor.
The liberties and privileges granted under Part – I are subject to the
following restrictions and subject to other provisions of this contract:-
1. No mining operations within the limit of public works:
The contractor shall not carry on, or allow to be carried on any mining
operations:-
(i) Within a distance of 50 meters from the outer periphery of the defined
limits of any village habitation, National Highway, State Highway and
other roads 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 habitation, National Highway, State Highway and
other roads where use of explosive is required, unless specifically
relaxed and permitted by the competent authority or any specific
dispensation is obtain from the Director, Mines Safety; or
(iii) Within a distance of 500 meters from major structures like R.C.C
Bridge, Guide bund etc; 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.
Explanation:- For the purpose of this clause the expression Railway Administration
shall have the same meaning as it is defined by sub section (4) of section 3 of the
Indian Railway Act, 1890;
Provided that where the continuance of any mining operations in any area,
in the opinion of the Government is likely to endanger the safety of any National of
State Highway, road, bridge, reservoir, tank canal or other public works, or public or
private building or in the public interest or in the interest environment/ ecology of the
area, the Government may determine the contract after giving 60 days notice to the
contractor in this behalf and the contract shall stand terminated on the date
mentioned in the notice.
That the contractor in respect of sand zones, shall restrict the quarrying
operations to maximum four villages of the zone at any point of time during
subsistence of the contractor. The contractor shall have a right to change the site at
any time during the subsistence of the contract on settlement of compensation with
the land owners of new site of the zone from where he intend to extract sand but
ceiling of maximum four villages shall be adhered to strictly and such change of site
shall be intimated to the competent authority.
3. Special conditions for river bed mining:
In case of river bed mining/ excavation of minor mineral(s), in order to
ensure safety of riverbeds, structures and the adjoining areas, the following special
conditions shall be abide by the contractor:
(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
meters on the up-stream side and 500 meters on the downstream side.
(c) The maximum depth of mining in the river – bed shall not exceed three
meters measured from the un-mind bed level at any point in time with
proper bench formation
(d) Mining shall be restricted within the central 3/4 th width of the river
rivulet.
The holder of mining contract shall not be sell/dispose off any mineral or
mineral products from the concession area without a Mineral Transit Pass.
The contractor shall not stock the mineral(s) excavated inside the contract
hold area at the designated site more than twice the quantity of the average monthly
production as per approved mining plan/ scheme.
The contractor shall not stock any minor mineral(s) granted under the
contract, outside the contract hold area.
A safety margin of two meters shall be maintained above the ground water
table while undertaking mining and no mining operations shall be permissible below
this
level unless a specific permission is obtained from the competent authority in this
behalf.
Part – III
The contractor shall pay for the surface area occupied by him, surface rent at the
rate of Rs.......................... (Rupees...............................) per annum.
2. Security deposit :
In case of mining contract granted through competitive bid/auction under rule 18:
25% of the annual bid amount / rate of contract money. The security amount to be
deposited as per following : -
(i) 10% of initial bid security at the time of auction; and
(ii) 15% of the annual amount before commencement of mining operations:
(b) The contract, 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 mining contract in four quarterly instalments on the 1 st April,
1st of June, 1st of September and 1st December of the year.
Where the contract is operating the area, he shall also pay an additional amount,
equal 10% of the due contract money along with amount of instalments on
account of dead rent or royalty, towards the Fund.
5. Interest on delayed payments.
Unless the competent authority for sufficient cause allows otherwise, the
contractor shall commence mining operations 180 days from the date of
execution of the contract
and shall there after conduct such operations in a proper, skiful and unknown
like manner.
Explanation: - For the purpose of this clause, mining operations shall include
the erection of machinery laying of a tramway or
construction of a road in connection with the working of the
mine.
8. To erect and maintain boundary pillars :
The contractor shall at his own expenses, erect and all times maintain
and keep in good repairs boundary marks and pillars according to the plan
annexed to the contract. Each of the pillars should be numbered and every
pillars shall have GPS reading.
9. Accounts :
The contractor shall keep Correct accounts showing the quality and
other particulars of all minerals obtained from the mines and the number of
persons employed there in and complete plan of the3 mine and shall allow
any officer authorised by the Government or the Central Government or the
component authority in that behalf to examine at any time accounts and
records maintained by him, and shall furnish to the Government or the Central
Government or the competent authority with such information and returns as it
may require.
(a) Submit a return in from ‘MMP1’ by the 7th of every month to the
component authority and also to other officer (s) giving the total quantity of
minor minerals(s) raised and dispatched from the contracted area the
preceding calendar month and its value:
(b) Also furnished a statement giving information in Form ‘MMP2’ by
the 15th April every year to the competent authority and to the other officer(s),
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 delay
worked separately.
13. To strengthen and support the mines:
authority may terminate the mining contract by giving one month’s notice with
forfeiture of security deposited or :
provided that the contract shall carry out mining in accordance with all
other provisions as applicable for undertaking mining including provision of Forest
(Conservation) Act, 1980 and Environment (Protection) Act, 1986 and the rules
made there under.
The contractor shall provide and at all times keep at or near pit-head at
which the said mineral shall be brought to bank properly constructed and efficient
weighing machine and shall weigh or caused to be weighed thereon all the said
minor minerals from time to time brought to bank, sold, exported and converted
products, and shall at the close of each day cause the total weights, ascertained
by such means of the said minor minerals, ores, products, raised, sold, exported
and converted during the previous twenty four hours to be entered in the
aforesaid books of accounts. The contractor shall permit the Government at all
times during the said term to employ any persons to be present at the weighing of
the said minor minerals, as aforesaid and to keep accounts thereof and check the
accounts kept by him. The contractor shall give 15days pervious notice in writing
to the Officer-in-Charge_______ of every such measuring or weighing in order
that he or some officer on his behalf may be present thereat.
The contractor shall well and properly secure pits and shafts and will
not without permission in writing , will fully up or close any mine or
shaft.
22. Not to enter upon or to commence operation in the reserved protected
Forest :
The contractor shall not injure or cause to deteriorate any source of water,
power or water supply and shall not in any other way render any spring or
stream or water unfit to be used or to do anything to injure adjoining land,
village or houses.
The contractor shall also deposit / pay additional amount equal to 10%
of the amount of contracted money by the 7th of every month, to ensure
the compliance of the Reclamation and Restoration works. This
additional amount shall be refunded after satisfactory Reclamation /
Restoration of the area after mining in accordance with the Mine
Closure Plan :
Provided that in case the contractor fail to reclaim / restore the area as
per mining plan to the satisfaction of the Government, the amount
deposited shall be forfeited and used for the restoration of the area:
Provided further that in case no rehabilitation position of the mine
comes during the tenure of the mining contract, the amount so
deposited shall be kept by the Government in the mining area
development fund for future use and when the mine reaches to a stage
requiring restoration and rehabilitation.
The contractor shall not assign, sublet or transfer the contract to any
person without obtaining prior permission in writing from the competent
authority.
The contractor shall not fell or cut any tree, standing on the land
wherein the quarry is located without without obtaining prior permission
in writing from the Forest Department, Assam and paying its price as
fixed.
The security deposited by the contractor shall not carry any interest.
32. Government not responsible for loss to contractor:
The competent authority shall have the right to prematurely terminate the contract
(a) If the contract money 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:
Provided further that the competent authority may also at any time after
issuance of the notice for default on account of non payment of dues, enter
upon the said premises and detain all or any of the mineral or movable
property therein and may carry away, detain or order the sale of the property
so detained, or so much of it as will suffice for the satisfaction of the contract
money or rent or royalty or both dues and all costs and expenses occasioned
by the non-payment thereof.
3. Right of pre-emption :
The Government shall from time to time and at all times during the
terms of contract have the right (to be exercised by the notice writing to
the contractor) of pre-emption of the said mineral(s) and all products
thereof lying in or upon the said lands hereby demised or elsewhere
under the control of the contractor and the contractor shall deliver all
minerals or products thereof to the Government at current market rates
in such quantities and in the manner at the place specified in the notice
exercising the said rights.
If the contractor or his transferee or assignee does not allow any entry
or inspection under clause 11 of part-III, the competent authority may
cancel the contract an forfeit in whole or in part the security deposit
paid by the contractor.
In case the occupier(s) or owner(s) of the said land refuses his/ their
consent to the exercise of the rights and powers reserved to the
Government and demised to the contractor under these presents, the
contractor shall report the matter to the competent authority who shall
request the Collector of the district concerned to the direct the
occupier(s) or owner(s) to allow the contractor to enter the said lands
and to carry out such operations as may be necessary for working the
mine, on payment in advance of such compensation to the occupier or
owner by the contractor, as may be fixed by the Collector under rules
The Director may order to suspend the mining operations after servings
after serving a notice to the contractor, in case, the following violations
are noticed:-
(a) Unsafe and unscientific mining;
(b) Non operation of weighbridge;
(c) Non providing of safety appliances to the works;
(d) Non payment of compensation to the surface owners;
(e) Non submissions of monthly returns;
In case of violations of the aforesaid conditions and also any other terms and
conditions of the agreement deed and the provisions of the rules, the
competent authority may give a notice to the contractor to remedy the
violations within a period of 15 days from the date of issue of the notice. In
case, the violence pointed out through notice, are not remedied within the
stipulated period of 15 days, the competent authority may after affording an
opportunity of being heard to the contractor, order the suspension of the
mining operations till such time, the defaults / defects are removed by the
lessee within the time frame granted by the competent authority. During the
period of suspension of mining operations, the contractor will be allowed only
to undertake rectification work for removal of the defects and shall not dispose
off the mineral. During the suspension period, the contractor shall be under
the obligation to deposit the amount of the contract money etc. On the due
dates.
On satisfactory removal of the defects, the competent authority may revoke
the suspension orders with or without any modification. Non removal of the
defects/ defaults during the suspension period and within the time allowed by
the competent authority, shall lead to premature termination of contract.
Part- V
General
1. Cancellation:
Without prejudice to any other mode of recovery authorised by any provision of this
contract or by any law, all amount, falling due hereunder against the contractor may
be recovered as arrears of land revenue under the law in force such recovery.
The contractor should remove his property lying on the said lands.
Within three months after expiry or sooner determination of the contract
or after the date from which any surrender by the contractor of the said
lands become effective, as the case may be, the property left after the
aforesaid period shall become the property of the Government and
may be sold or disposed of in such manner as the competent authority
shall deem fit without liability to pay any compensation therefore, to the
contractor.
(a) The competent authority may forfeit the whole or any part of the
amount deposited s security under this contract, in case the
contractor commits a breach of any covenants to be performed by
the contractor under the contract.
(b) Whenever the said security deposit or any part thereof or any
further sum hereafter deposited with the Government replenishment
thereof is forfeited under sub clause (a) or applied by the competent
authority under the contract (which the competent authority is
hereby authority to do) the contractor shall immediately deposited
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 competent authority 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 this same is otherwise not forfeited or is nt
required to be detained for other purpose mentioned in this contract
shall be refunded to the contractor. No interest shall on security
deposit.
6. Survey and demarcation of the area :
The contractor shall get himself registered with the Taxation Department of
Assam and Sales Tax number.
10. Overriding effect:
Witness:-
1.___________________________ 1._______________________
2. ___________________________ 2. _____________________
Signature of surety
Witness
1.
2.
FORM MC-2
See rule 19(1)
(Application for renewal of Mining Contract)
To
The______________________
_________________________
Dated the________________20
PARTICULARS
(i) Name of applicant individual / firm/Company or Society
(ii) Nationality of the individual or place of registration or
incorporation of firm, company or society
(iii) Profession or nature of business of individual of firm or
company and place of business
(iv) Address of the individual /firm/company or society
(v) Name of Minor Mineral which the3 applicant intents to
mine
(vi) Period for which the original contract was granted
a. Name of village
b) b)
- -
- -
d. Full description of the area applied for with regard to its
natural features:-
e. Felling series and working circle , if any
f. District
(signature of applicant)
Place_____________
Date_____________
Model Form for execution of permit granted for area less than five hectares
This indenture made on this __________________ day of
__________________20__
between the Governor of Assam acting through ___________________(hereinafter
referred to as the “State Government”) which expression shall where the context so
admits, include the successors and assigns) of the part: and
Where the permit holder is an individual :
________________________ (Name and address of the parson)(hereinafter
referred to as the “permit holder” which expression shall where the context so
admits, include his heirs, executors, administrator, representatives and permitted
assigns;
Where the permit holder is more than individual:
`_______________________(Name and address of person) (hereinafter referred to
as the “permit holder” which expression shall where the context so admits include
their respective heirs, executors, represent
Where permit is registered firm:
_______________________ (Name and address of all the partners or members,
where the “permit holder” are a firm or society) all carrying on business in
partnership under the firm name and style of
____________________________(name of the firm and address) registered under
Indian partnership Act, 1932 and having their registered office
at.......................................................(hereinafter referred to as the “permit holder”
which expression shall where the context so admits include all partner of the said
firm, their representative, heirs, executors/ Administration and permitted assigns;
When the permit holder is a registered company:
_____________________(Name of the company) a company registered
under_______
(Act under which company incorporated) and having its registered office at
___________________ (address) (hereinafter referred to as the “permit holder”
which expression shall where the context so admits, include its successors and
permitted assigns) of the other part.
Whereas the “permit holder” has offered the highest bid of Rs_______________(in
word Rupees_______________________________________) in the bid/ auction
held on _________________for obtaining mining contract for ______________cu.m.
(in word _______________cubic meters) _______________________(name of
minor minerals ) in respect of the lands hereinafter described in clause 2 and such
bid been accepted by the officer authorized in this behalf and permit holder has
deposited with the Government, a sum of Rs
_____________________________(Rupees
______________________________________) as initial bid security (10% of the
Part – I
Liberties and privileges
The following liberties and privileges may be exercised and enjoyed by the
permit holder subject to the other provision of permit:-
1. To enter upon land and search for win, work:-
Liberty at all times during the term hereby demised to enter upon the said
lands and to search for minerals, bore, dig, drill, work, dress, process,
convert, carry away and dispose of the said minor mineral(s).
Liberty to sink, drive, make maintain and use in the said land and pits, shafts,
inclines, drifts, levels, waterways, airways and other works and to use,
maintain, deepen or existing works of the like nature in the said lands.
3. To bring and use machinery, equipments :
Liberty to erect, construct, maintain and used on or under the said lands any
engine, machinery, plan, dressing floors, furnaces, coke ovens, brick kilns,
workshop, store houses, bungalows, godowns, shed and other buildings and
other works and conveniences of the like on or under the said lands.
Liberty but subject to the right of any existing or future permit holder and with
the written permission of the Collector concerned to appropriate and use
water from any streams, water course, spring or other source in or upon the
said lands and to divert, step up or dam any such stream or water – course
and collect or impound any such water and to make, construct and maintain
any water course, cultivated land, village buildings or watering places for
livestock of a reasonable supply of water as before accustomed nor in any
way to foul or pollute any streams or springs :
Provided that that the permit holder shall not interfere with navigation in any
navigable stream nor shall divert such stream with out the previous written
permission of the Government.
Liberty to use a sufficient part of the surface of the said lands for the purpose
of stocking or depositing therein any produce of the mines including over
burden or waste materials and works carried on and tools, equipment and
other materials needed for mining operations.
8. To install fuel pumps or stations for Diesel or Petrol for self use:
Liberty to use sufficient part of the land for installing fuel pumps or
stations for diesel or petrol for self use or consumption required for mining
operations in the permit area subject to permission of the authority.
Part – II
Restrictions
The liberties, power and privileges granted under Part-I are subject to
the following restriction and subjects to other provisions of this permit:-
The permit holder shall not carry on, or allow to be carried on any
mining operations:-
(i) Within a distance of fifty meters from the outer periphery of the
defined limits of any village habitations, national Highway, State Highway and other
roads 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 habitation, National Highway, State
Highway and other roads where use of explosive 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 500 meters from major structures like
R.C.C. Bridge, Guide bund etc; or
(iv) Within a distance of seventy meters from any railway line or
bridge expect 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.
Provided that where the continuance of any mining operations in any area, in
the opinion of the Government is likely to endanger the safety of any National or
State Highway, road, bridge, drainage, reservoir, tank, canal or other public works, or
public or private buildings or in the public interest or in the interest of environment or
ecology of the area, the Government may determine the permit after giving sixty
days notice to the permit holder in this behalf and the permit shall stand terminated
on the date mentioned in the notice:
Provided further that in the State of National Emergency or war, the permit
may be determined without giving such notice.
2. Working in sand zones:
That the Permit holder in respect of sand zones, shall restrict the quarrying
operations to maximum four villages of the zone at any point of time during the
subsistence of the permit. The permit holder shall have a right to change the site at
any time during the subsistence of the permit on settlement of compensation with the
land owners of new site of the zone from where he intend to extract sand but ceiling
of maximum four villages shall be adhered to strictly and such change of site shall be
intimated to the competent authority.
3. Special conditions for river bed mining:
In case of river bed mining or excavation of minor mineral(s), in order to
ensure safety of river-beds, structure and the adjoining areas, the following special
conditions shall be abide by the permit holder:-
(a) No mining would be permissible in a river –bed up to distance of five
times of the span of a bridge on up-stream side and ten times the span of such
bridge on down-stream side, subject to a minimum of 250 meters on the up-stream
and 500 meters on the downstream side;
(b) There shall be maintained an un-mind block of 50 meters width after
every block of 1000 meters over which mining, is undertaken or at such distance as
may be directed by the competent authority ;
(c) The maximum depth of mining in the river-bed shall not exceed three
meters measured from the un-mind bed level at any point in time with proper bench
formation;
(d) Mining shall be restricted within the central 3/4th width of the river/rivulet.
(e) No mining shall be permissible in an area up to a width specified by the
competent authority from the active edge of embankments;
(f) Any other condition(s), as may be required by the competent authority in
public interest.
Before using for surface operations any land which has not already been used
for such operation, the permit holder shall give notice in advance of the Collector of
the district, the Director and the Officer-in- Charge ________ in writing along with
copy of permission to undertake mining specifying the situation and the extend of
the land
proposed to be used the purpose for which the same is required and the said land
shall not be so used, if objection is issued by the Collector.
The Permit holder shall not undertake any mining operations in the
area granted on mining permit without obtaining requisite clearance from the
competent authority as required for undertaking mining operations.
Part –III
Covenants of the permit
2. Security deposit:
The permit holder shall deposit twenty five percent of annual bid amount or
rate of permit money as Security. The Security amount shall be deposited as per
following :-
(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 ;
If any minor mineral not specified in the permit, is discovered in the permit
area, the permit holder shall repost the discovery without delay to the
competent authority and shall not win or dispose of such minor mineral
without obtaining a separate mineral concession/lease for such mineral. If he
fails to apply for such a mineral concession within six months from the
discovery of the minor mineral the competent authority may give the mineral
concession in respect of such mineral, to any other person.
7. To commence mining operations within one hundred eighty days and carry
them on properly:
Unless the competent authority for sufficient cause otherwise, the permit
holder shall commence mining operations one hundred eighty days from the
date of execution of the permit and shall there after conduct such operations
in a proper, skilful and workman like manner.
Explanation:- For the purpose of this clause, mining operations shall include
the erection of machinery laying of a tramway or construction of a road in
connection with the working of the mine.
8. To erect and maintain boundary pillars:
The permit holder shall at his own expenses, erect and at all times
maintain and keep in good repairs boundary marks and pillars according to
the plan annexed to the permit. Each of the pillar should be numbered and
every pillar shall have GPS reading.
9. Accounts:
The permit holder shall allow existing and future concession holders of
any land which is comprised in or adjoins or is reached by the land, held by
the lessee, reasonable facilities for access thereto.
12. Returns:
The permit holder shall strengthen and support to the satisfaction of the
railway Administration or the state Government, as the case may be any part
of the mine which in its opinion requires such, strengthening or support for the
safety of any railway, bridge, national highway, reservoirs, canal, road or any
other public work or building.
number of persons employed on any day is more than 50; or (d) any explosives are
used to the following :
(i) The Controller General, Indian Bureau of mines, Government of
India Nagpur;
(ii) The Director General of Mines Safety, Government of India,
Dhanbad;
(iii) The Director, Mines Safety, Government of India, Guwahati;
(iv) The regional Controller of Mines, Indian Bureau of Mines, Kolkata;
(v) The competent authority;
(vi) The District Magistrate of the District concerned and
(vii) The Officer-in-Charge.
The permit holder shall make and pay such reasonable satisfaction and
compensation for all damage injury or disturbance which may be done by him is
exercise of the powers granted by the lease and shall indemnify the Government
against all claims which may be made by third parties in respect of such damage,
injury or disturbance.
17. Application of all Acts, Rules and Regulations to this permit:
The permit holder shall abide by the provision of Mines Act, 1952 and
the rules and regulation framed there under and also the provisions of labour laws
both Central and State as are applicable to the workmen engaged in the mines and
quarries relating to the previsions of drinking water, rest shelters, dwelling houses,
latrines and first-aid and medical facilities in particular and other safety and welfare
provisions in general, to the satisfaction of the competent authorizes under the
aforesaid Acts, Rules and Regulations and also to the satisfaction of the District
Magistrate concerned. In case of non complaisance of any of the provisions of the
enactments as aforesaid, the competent authority may terminate the mining lease by
giving one month’s notice with forfeiture of society deposited.
Provided that the permit holder small carry out mining operations in
accordance with all other provisions as applicable for undertaking mining including
the provisions of Forest (Conservation) Act, 1980 and Environment (Protection) Act,
1986 and the rules made there under.
The permit holder shall well and properly secure pits and shafts and
will not without permission in writing, willfully close, fill up or close any mine or shaft.
21. Not to enter upon or to commence operations in the reserved or
protected forest :
The permit holder shall not enter upon or commence any mining
operations in any forest land comprised in the leased area expect after previously
obtaining permission in writing of the Forest Department.
22. To respect water rights and not injure adjoining property :
The permit holder shall not injure or cause to deteriorate any source of
water unfit to be used or to do anything to injure adjoining land, village or houses.
The permit holder shall duly and regularly pay to the appropriate
authority all taxes, cesses and local dues in respect of the permit area said minor
minerals or the working of the mines.
The Permit holder shall also pay additional amount equal to 10% of
the amount of permit money by the 7th of every month to ensure the compliance of
the Reclamation and Restoration works. The additional amount shall be refunded
after satisfactory reclamation or restoration of the area after mining in accordance
with the mine closure plan:
Provided that in case the Permit holder fails reclaim or restore the
area as per mining plan to the satisfaction of the Government, the amount deposited
in the joint account shall be forfeited and used for the restoration of the area:
Provided further that in case no rehabilitation position of the mine
comes during the tenure of the mining permit, the amount so deposited shall be kept
by the Government in the mining area development fund for future use as and when
the mine reaches to a stage requiring restoration and rehabilitation.
26. Assign sublet or transfer of the permit area:
The permit holder shall not assign, sublet or transfer the permit area to
any person without obtaining prior permission in writing from the competent
authority.
27. Fencing of working place :
The permit holder shall not feel or cut any tree, standing on the land
wherein the quarry is located without obtaining prior permission in writing from the
Forest Department and paying its price as fixed.
The security deposited by the permit holder shall not carry any interest.
It shall be refunded to the permit holder within three months from the date of expiry
or sooner determination of the permit in case the same is otherwise not forfeited or is
not required to be determined for any other purpose.
31. Government not responsible for loss to Permit holder:
The Government shall not be responsible for any kind of loss to the
Permit holder.
Part – IV
Rights of the State Government
The Government shall from time to time and to time and at all times
during the terms of permit have the right (to be exercised by notice in writing to the
permit holder) of pre-emption of the said mineral(s) and all products thereof laying in
or upon the said lands hereby
demised or elsewhere under the control of the permit holder and the permit holder
shall deliver all minerals or products thereof to the Government at current market
rates in such quantities and in the manner at the place specified in the notice
exercising the said right.
If the permit holder or his transfer or assignee does not allow any entry
or inspection under clause 11 of part –III the competent authority may cancel the
permit and forfeit in whole or in part the security deposit paid by the permit holder.
5. Compensation and acquisition of land of third parties thereof:
In case the occupier(s) or owner(s) of the said land refuses his consent
to the exercise of the right sand powers reserved to the Government and demise to
the permit holder under these presents, the permit holder shall report the matter to
the competent authority who shall request the Collector of the district concerned to
direct the occupier(s) or owner(s) to allow the permit holder to enter the said lands
and to carry out such operations, as may be necessary for working the mine, on
payment in advance of such compensation to the occupier or owner by the permit
holder, as may be fixed by the Collector concerned under the rules.
The Director may order to suspend the mining operations after serving
a notice to the permit holder, in case, the following violations are noticed:-
(a) Unsafe and unscientific mining; or
(b) Non providing of safety appliances to the workers; or
(c) Nonpayment of compensation to the surface owners; or
(d) Non submissions of monthly returns;
(ii) Has been taking the requisite steps for the progressive mine closure
plan as per the conditions of the permit grants ;
The permit holder shall get himself registered with the Taxation Department of
Assam and shall obtain the Sales Tax number.
Witness :-
1.____________________________
1.____________________________
2.____________________________
2.____________________________
Signature of surety
Witness
1.____________________________
2.____________________________
FORM MPS-2
( see rule 25 (3)
(Model form for execution deed for permit of Saltpeter)
The permit holder shall during the subsistence of the permit day in advance to
the Government, the following permit money in respect of the said lands given
to him on permit for the period from ________________ to
_________________________ on the dates mentioned below :
Serial Value of Annual Periodicity of payment
Number permit money
1 2 3
(i) Upto Rs. 10.00 lakhs Rs………………………..( Full amount of permit money
in limp-sum to be deposited at the time of auction
along with the security amount.)
Where the permit holder is operating the area, he shall also pay an
additional amount,
equal to ten percent of the due permit money, whichever is more alongwith
amount of instalments on account of dead rent or royalty, towards the Fund.
The permit holder shall at all reasonable times allow the competent
authority and anyother officer authorised by the Central Government or by the State
Government in that behalf to inspect the said lands and the buildings and
plants erected thereon and the permit holder shall assist such person in
conducting the inspection and afford them all information they may
reasonably require and shall conform to and observe all orders which the
Central or the State Government or the competent authority, as a result of such
inspection or otherwise may from time to time pass.
The permit holder shall not assign, sublet or transfer the permit to any
person
without obtaining prior permission in writing from the competent authority.
The permit holder shall not carry on surface operation in any area
prohibited by any
authority, without obtaining prior permission in writing from the concerned
authority.
The permit holder shall not enter and work in any forest land without
obtaining prior
permission in writing from the Forest Department.
The permit holder shall abide by the provisions of Mines Act, 1952 ( 35
of 1952 ),
and thee rules and regulations framed thereunder and also the provisions of
other labour laws both Central and State as are applicable to the workmen engaged
in the mines and quarries relating to the provisions of drinking water, rest
shelters, dwelling houses, latrines and first-aid and medical facilities in
particular and other safety and welfare provisions in general, to the satisfaction of
the authorities under the aforesaid Acts, rules and regulations and also to the
satisfaction of the District Magistrate concerned. In case of non compliance of
any of the provisions of the enactments as aforesaid, the competent authority may
terminate the permit by giving one month’s notice with forfeiture of security
deposited.
The holder of mining permit shall not sell or dispose off any mineral or
mineral
products from the concession area without a Mineral Transit Pass.
The security deposited by the permit holder shall not carry interest. It
shall be refunded to the permit holder within three months from the
date of expiry or sooner determination of the permit in case the same is
not foerfeited or required to be detained for any other purposes
under this deed.
Any sum due from the permit holder on account of permit money in
respect of the permit shall be recoverable from him as arrears of land
revenue.
The permit holder shall furnish such reports and returns relating to
output, labourers employed and other matters, as the competent authority
may prescribe from time to time.
17. Returns :
The permit holder shall submit a monthly return in form ‘MMP1’by the
th
10 day of each month to the competent authority and to the Officer-in-charge
concerned giving the total quantity of minor mineral(s) raised and dispatched
from the specific area out of the area under permit in the preceding calendar
month, and its value and such other information relating to the permit as may
be called for by the competent authority.
19. Notices :
In case the occupier(s) or owner(s) of the said land refuses his/ their
consent to the exercise of the rights and powers reserved to the Government
and demised to the Permit holder under these present, the Permit holder shall
report the ,matter to the competent authority who shall request the collector of
the district concerned to direct the occupier(s) or owner(s) to allow the permit
holder to enter the said lands and to carry out such operations as may be
necessary for working the mine, on payment in advance of such
compensation to the occupier or owner by the Permit holde, as may be fixed
by the Collector concerned under the rules.
(a) The permit holder on expiry of the permit period ( successful completion of
the permit ) shall remove already extracted all of the mineral from the
premises of the quarry within a period of seven days. In case any quantity
of the already extracted mineral, in the said land is left undisposed off and
is not removed within seven days from the date of expiry of the period of
permit the same shall be deemed to be the property of the Government
which will be disposed by the competent authority in any manner, without
paying anything thereof to the permit holder.
(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 lease shall be deemed to be
property of the Government which will be disposed off by the competent
authority in any manner without paying anything thereof to the permit
holder.
24. Permit holder shall get himself registerd with the Taxation Department of
Assam and shall obtain the Sales Tax number.
1.________________________
1.________________________
Address___________________
Address___________________
2.________________________
1.________________________
Address___________________
Address___________________
In the presence of :-
1. Name _________________
Address________________
2. Name _________________
Address________________
FORM PIM – 1
(See rule 26(4)
Application for the grant of permit for excavation of Brick Earth by the
Brick Kiln Owners
To
…………………………………………………..
…………………………………………………..
Dear sir,
2. The details of the area for which permission is being sought, is given as under
:-
(a) location of Brick Kiln (village/sub-division/district)
(b) category of the Brick Kiln
(c) extent of the land from which brick earth is to be excavated ( Dag No., Patta
No. etc.)
(d) lay out plan of the area applied for permit
(e) existing status of the land as compared to general ground level of the area
(f) quantity of brick kiln required to be removed
(g) advance amount of Permit fee/royalty
(h) security (refundable)
3. Applicant further submits that ;
(i) royalty at the rate prescribed under First Schedle to the Assam Minor
Mineral Concession Rules, 2012 shall be paid for the brick earth
to be removed from the area under permit.
(ii) area is free from Plantation or is not forest land.
(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.Dated :
Encls : As above ( Name and address of the applicant)
FORM PIM –2
(See rule 26(8)
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, building, premises of
public ground.
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 transports 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. 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 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 competent authority 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.
In case the annual royalty is not paid on the date specified above, the permit holder
shall be liable to
pay interest as per following :-
10. The brick Kiln owner shall be liable to make payment of lump-sum royalty for the
whole of the year notwithstanding the operation of the Kiln for any part of the
year.
11. In case of any default in due observance of the terms and conditions of this
permit or in payment of the installment on due date, the permit may be cancelled
by the competent authority by giving one month’s notice. Any sum due from
the permit holder on account of royalty and interest thereon shall be
recovered from him/them as an arrear of land Revenue.
Signature
____________________
Designation _________________
FORM PIM –3
(See rule 27(5)
Application for the grant of permit for extraction of ordinary clay / earth
To
…………………………………………………..
…………………………………………………..
Dear sir,
The applicant is the owner of land or is having the written consent of
the land owner of the land measuring ……………………… bigha/ ha
……………………… ( details of Dag, Patta numbers ) in village
………………………… Sub-division ……………………… District ……………….
…………… and have to remove the ordinary clay/earth for leveling the land or
selling the same for commercial purpose. As a result of leveling of land or
excavation, ordinary clay/earth excavated is to be disposed off, for which
permission is solicited. The applicant further state that :-
2. The deatails of the area for which permission is being sought, is given as
under :-
(a) Location of the area
(b) purpose
the area
FORM PIM –4
(See rule 27(6)
Whereas Shri/Messers
___________________________________________________
has applied for the grant of a permit under the rule 27 of the Assam Minor Mineral
Concession Rules, 2012, for excavation of ____________________tonnes/ cubic metre/
quintals of __________________________ordinary clay/earth, a minor minerals for
excavation/ removal from_________________________________(details area ). The
applicant has/have/ paid royalty in advance amounting to __________________________
and Rs. ___________________ on account of Mines and Mineral Development,
Rehabilitation and Restoration Fund ( 10% of the amount of royalty ) and Rs.
_______________________ on account of security ( 50% of the amount of royalty )
1. The holder of the permits shall keep the Government indemnified from third
party claim relating to the extraction 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 anytree standing on the land
without obtaining prior permission in writing from the competent authority in
the Forest Department. 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 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 competent authority concerned.
7. The depth of the pit below surface shall not exceed mine 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 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 and Regulation) Act 1957 and
Rules framed thereunder.
9. The permit holder shall ensure that any mining operations below a depth of
1.5 metres 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 /dispose of 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 due observance of the terms and conditions of this
permit or in payment of the installment on due date , the permit may be
cancelled by the competent authority by giving one month notice where the
remaining period of permit is more than sixty days . In order 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 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 from the permit holder shall be recovered from him as an arrear of
land Revenue.
Designation
__________________
FORM MMP–1
[See rule24, 25 and 38 (15)(i)]
Name of Closing stock Production during Dispatched during the month ( in Closing
mineral(s) brought forward the month ( Tonne/ Cu.M.) stock
from the Tonne/ Cu.M. ) ( Tonne/
previous month Cu.M)
( Tonne/ Cu.M)
5. 6. 7. 8.
By By By means Total
Truck Railwa of
y transport
Signature of the
lessee/contractor/
Permit holder or his authorized
agent.
Dated:____________________
NB : (1) Please furnish on the reverse of this form reasons for rise or fall in
production, dispatches and labour employed, etc. as compared with the
previous month.
(2) Please send this report to :
(a) The competent authority;
(b) the Officer-in-Charge concerned by the 10th of the month following
the month under report.
FORM MMP–2
[See rule 38 (15)(i)]
Village ______________________________________
Sub- Division ______________________________________
District ______________________________________
Signature of the
lessee/contractor/
Permit holder or his authorized
agent.
Dated:____________________
NB : (1) This return is to be submitted by the 15th April of each year for the
preceding financial year, i.e. from First of April to 31st March to the :
(a) The competent authority;
(b) the Officer-in-Charge concerned.
FORM MSE – 1
[ See rule 38 (21) ]
Notice for explosive, etc. by the lessee
1. Name of Mine
2. Name of Minor mineral(s) excavated
3. Situation of mine ( village, Police Station , Sub-
Division, District
4. The date when works were first started
5. Name and postal address of present owner(s)
6. Name and postal address of agency, if any
Name and postal address of Manager, if a any
Age
7. Qualification
Experience in mining
8. Whether workings are likely to be extended
below ;
Superjacent ground.
9. Maximum depth of open cast excavation
measured from its lowest point
Date when depth first exceeded six metres.
10. Nature, amount and kind of explosives used, if any.
11. Date when explosives were first used.
12. Date(s) on which the number of persons
employed on any day exceeded 50.
Dated:____________________
To be sent to :
1. The Controller General, Indian Bureau of Mines, Government of india, Nagpur ;
( As defined under S.3 (e) of MMDR Act, 1957 and further declared as such
from time to time under the Act )
1. Building stones,
2. Gravel,
3. Ordinary clay,
4. Ordinary sand other than sand used for prescribed purposes.
Mineral Concession Rules, 1960 : Rule 70 : Sand not to be treated as minor
mineral when used for certain purposes. Sand shall not be treated as minor
mineral when used for any of the following purposes :
5. Boulder,
6. Shingle,
7. Chalcedony or impure quartz pebbles used for ball mill purposes or
filling for bore wells or for decorative purposes in buildings,
8. Limeshell,
9. Kankar and
10. Limestone,
11. Murram,
12. Brick-earth,
13. Fuller’s earth,
14. Bentonite,
15. Road metal,
16. Reh- matti,
17. Slate and
18. Shale
19. Marble,
20. Stones used for making household utensils,
21. Quartzite and sandstone, when used for purposes of building or for
making road metal and house hold utensils,
22. Salt – petre
SCHEDULE - ‘X’
[ Under Rule 3 (1)]
(1) Building stone including Granite : When mined for the purpose of manufacture of
polished tiles , slabs and other decorative and
architectural purposes
Or
When mined in large-scale for export of the
stone inthe form of cubes, slabs, boulder or gravel
and for construction of dams, dykes, bridges, etc.
(2) Marble
(3) Fuller’s earth
(4) Bentonite
(5) Lime Shell When used in kilns for manufacturing of lime
used as building materials
(6) Kankar
(9) Quartzite and Sand Stone When used in cement manufacturing or any
other manufacturing or any other manufacturing
industry.
(10) Ordinary clay When used in cement manufacturing or in any
Industry other than Cottage Industry
(11) Shale
.
SCHEDULE - ‘Y’
[ Under Rule 3 (2)]
R.T. JINDAL,
Principal Secretary to the Government of
Assam
Power (E), Mines and Minerals Department,
Dispur, Guwahati-6