1

[GSR 119: - In exercise of the powers conferred by section 15 of the Mines and
Minerals (Development & Regulation) Act. 1957, (Central Act 67 of 1957), the State
Government hereby makes the following rules for regulating the grant of quarry
licences, mining leases and other mineral concessions in respect of minor mineral
and for purposes connected therewith namely:-

THE RAJASTHAN MINOR MINERAL

CONCESSION RULES, 1986

(Amended up to May 16, 2016)

CHAPTER SUBJECT RULE

CHAPTER - I Preliminary 1-3

CHAPTER - I A Grant of Prospecting Licence 3A - 3N

CHAPTER - II Grant of Mining Lease 4 - 21

CHAPTER - III Grant of Quarry Licence 22 - 31

CHAPTER – IV Grant of Royalty Collection Contract / Excess 32 - 37A

Royalty Collection Contract with or without
collection of Permit fee / other charges and Mining
Lease by auction or tender

CHAPTER - IVA Systematic, Scientific and Environment Friendly 37B - 37U

Mining

CHAPTER - V Assessment of Royalty 38 - 41

CHAPTER - VI Delegation of Powers, Appeal and Revision 42 - 47

CHAPTER - VII Offences Penalties and Prosecutions 48 - 54

CHAPTER - VIII Miscellaneous 55 - 77

1. Published in Rajasthan Gazette Pt. 4 (Ga) dated 04/03/86

1
 LIST OF FORMS

S. N. Description Form No.

1 Application For Mining Lease 1-A

2 Application For Renewal of Mining Lease 1-B
3 Application For Grant of Quarry License 1-C
4 Application For Prospecting Licence 1-D
5 Application For Renewal of Prospecting Licence 1-E
6 Application For Bid In Auction For RCC / ERCC 1-F
7 Application For Mining Lease 1-G
8 Application For Tender For RCC / ERCC 1-H
9 Application For Mining Lease 1-I
10 Application For Fresh / Renewal of Registration 1-J
11 Application For Renewal of Quarry License 1-K
12 Application For Mining Lease 1-L
13 Application For Quarry Licence 1-M
14 Acknowledgement of Application For Grant / Renewal of Mining 2
Lease
15 Acknowledgement of Application For Grant / Renewal of Prospecting 2-A
Licence
16 Register For Mining Lease Applications 3
17 Register For Prospecting Licence Applications 3-A
18 Register For Mining Leases 4
19 Register For Prospecting Licence 4-A
20 Modal Form of Mining Lease 5
21 Modal Form of Prospecting Licence 5-A
22 Register For Applications For Quarry Licence 6
23 Register For Quarry Licence 7
24 Performa of Quarry Licence 8
25 Register For Mining Lease Granted By Auction 9
26 Model Form of Agreement For Collection of Royalty And / or Excess 10
Royalty With or Without Collecting of Permit Fee / Other Charges
27 Annual Return For Assessment of Royalty For Mining Lease 11
28 Monthly Statistical Returns For Mining Lease 11-A
29 Production, Despatch & Stock Register 11-B
30 Yearly Report of Prospecting Operations Carried Out 11-C
31 Monthly Statement To Be Submitted By ERCC Contractor 11-D
32 Monthly Statement To Be Submitted By RCC Contractor 11-E
33 Rawanna Book 12
34 Royalty Receipt Book For Excess Royalty Collection Contract 12-A
35 Royalty Receipt Book For Royalty Collection Contract 12-B
36 Transit Pass 12-C
37 Model Form of Notice For Re-assessment of Royalty 13
38 Revision Application 14
39 Modal Form For Transfer of Mining Lease 15

2
Rule 1-2-3 Chapter - I

CHAPTER - I

Preliminary

1 Short title, extent and commencement:-

(1) These rules may be called The Rajasthan Minor Mineral Concession Rules,
1986.

(2) They shall extend to the whole of the State of Rajasthan including the areas in
which Bapi and proprietary rights are claimed.

(3) They shall come into force on the date of their publication in the Rajasthan
Gazette.

2 Repeal and Savings:-

The Rajasthan Minor Mineral Concession Rules, 1977 are hereby repealed.

Provided that any thing done or any action taken under the provisions of the rules so
repealed shall be deemed to have been done or taken under the provisions of these
rules.

3 Definitions:-

(1) In these rules, unless the context otherwise requires:

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

(ii) “Appellate Authority” means the Government or any other authority

vested with such powers under these rules or any other authority
empowered by the Government to perform such functions;

(iii) “Assessee” means a person holding a mining lease or a short term

permit and includes any other person who has excavated, removed or
used or is excavating, removing, processing or using minor mineral or
minerals save as exempted under rule 58;

(iv) “Assessing Authority” means Superintending Mining Engineer /

Mining Engineer or Assistant Mining Engineer and shall include
Superintending Mining Engineer (Vigilance), 1[Mining Engineer
(Vigilance) and Revenue Intelligence Officer of State Director of
Revenue Intelligence (SDRI);]

1. Substituted by Rajasthan Gazette Extra Ordinary dated 30/05/2011

3
Rule 3(Cont.) Chapter - I
1
[(v) “Assessment Year” means the period beginning from the first day of
April and ending on the thirty first day of March of the following year
or part thereof];

(vi) “Assistant Mining Engineer” means Assistant Mining Engineer of the

Department of Mines & Geology, Rajasthan having jurisdiction over
the area concerned as may be fixed by the Government from time to
time.
2
[(vi-a) “Boundary Pillar” means cemented pillar of size 0.6m x 0.6 m. having
one meter height and 0.5 meter foundation painted with the yellow
paint and marked lease / licence / prospecting licence number and pillar
number by black paint.]

(vii) “Brick earth” means earth used for making bricks. Kavelus and earthen
pots and 3[ ] other identical purposes;

(viii) “Building stone” means any rock or mineral which is used as building
or construction material and includes such Minerals as specified in the
schedule–I;
4
[(viii-a) “Cluster” means the geographical boundary declared by the Director
comprising of mining leases/quarry licences/short term permits which
already exists or to be granted in future. The area of a cluster declared
by the Director, as far as possible, shall not exceed 50 sq kms and
mineral concessions area at the time of formation of cluster shall not
exceed 100 hectare;]

(ix) “Competent Authority” means the Government or any other authority

authorised by the Government to carry out the provisions of these rules;
5
[(x) “Dead Rent” means the minimum guaranteed amount payable for
mining lease which is calculated as per the area of the lease and
revisable as provided in these rules];
6
[(x-a) “Dealer” means any person who carries on the business of buying,
selling, supplying, distributing or processing of minerals directly or
otherwise whether for cash or for deferred payment or for commission
remuneration or other valuable consideration];

1. Substituted by Rajasthan Gazette Extra Ordinary dated 16/09/2000

2. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011
3. Deleted by Rajasthan Gazette Extraordinary dated 09/10/2012
4. Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
5. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
6. Inserted by Rajasthan Gazette Extraordinary dated 29/08/1996
4
Rule 3(Cont.) Chapter - I

(xi) “Department” means the Department of Mines and Geology,

Government of Rajasthan;

(xii) “Director” means Director of Mines & Geology, Rajasthan and includes
Additional Director also;
1
[(xii-a) “e-tender” or "e-auction" means the use of information and
communication technology (specially the internet) for conducting the
procurement of goods / works / services or tender or auction for mining
lease or royalty collection contract or excess royalty collection contract.
The complete tendering process including advertising, issuance of
bidding document, receipt of bids, bid opening, clarification and
modification, financial evaluation of bids and notification;

Note: For clarification of doubts, pre-qualification, pre-bid conference,

technical evaluation and negotiation, if required and permitted under
these rules shall be conducted manually.]
2
[(xii-aa) "Environment" and "Environmental Pollution" shall have the same
meanings, as assigned to them in the Environment (Protection) Act,
1986 (Central Act No. 29 of 1986);

(xii-b) "Environment Management Plan (EMP)" means a plan submitted by

association of lessees / licensees / short term permit holders falling in a
cluster which is prepared by recognised person and approved by the
district level environment committee for providing environmental
safeguards;]

(xiii) “Excavation” means digging and / or collecting of minor minerals from

any land;
3
[(xiii-a) “Excess Royalty Collection Contract” means a contract for specified
mineral(s) and area given to collect royalty in excess of annual dead
rent and also to collect other charges as may be specified in the
contract, on behalf of the Government from the holder of mining
lease(s) under the contract where under the contractor shall pay a fixed
amount annually to the Government as per terms of the contract;]
1
[(xiii-b) "Family” means husband, wife and their dependent children;]

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012
5
Rule 3(Cont.) Chapter - I
1
[(xiii-c) “Final mine closure plan” means a plan for the purpose of
decommissioning, reclamation and rehabilitation in the mine, cluster or
part thereof after cessation of mining and mineral processing operations
that has been prepared in the manner specified and in the standard
format as per the guidelines issued by the Indian Bureau of Mines or
State Government;

(xiii-d) “Financial Assurance” means the sureties furnished by the holder of

mining lease / quarry licence / short term permit to the competent
authority so as to indemnify the authorities against the reclamation and
rehabilitation cost;

(xiii-e) “Mine Closure” means steps taken for reclamation, rehabilitation

measures taken in respect of a mine or part thereof commencing from
cessation of mining or processing operations in a mine / cluster or part
thereof;]
2
[(xiii-f) “Mining Approach Road” means a stretch of road existing in the mining
area constructed mainly for mineral development and declared as such by
the Director, from time to time;]

(xiv) “Mining Engineer” means Mining Engineer of the Department of

Mines and Geology, Rajasthan having jurisdiction over the area
concerned as may be fixed by the Government from time to time;

(xv) “Mining Engineer (Vigilance)” means the Mining Engineer (Vigilance)

of the Department of Mines and Geology, Rajasthan having jurisdiction
over the area concerned, as may be fixed by the Government from time
to time;
1
[(xv-a) "Mining Plan" means a mining plan prepared under these rules and
duly approved by the competent authority for the development of minor
mineral deposits in the area concerned and includes simplified mining
scheme required to be submitted as per the provisions of these rules;]
3
[(xv-b) “Ordinary earth” means ordinary earth used for filling or levelling
purposes in construction of embankment of dams, canals, roads,
buildings, railways etc.;]

(xvi) “Forms” means forms appended to these rules;

(xvii) “Government” means the Government of Rajasthan;

1. Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012

2. Inserted by Rajasthan Gazette Extra Ordinary dated 02/11/2012
3. Inserted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
6
Rule 3(Cont.) Chapter - I

(xviii) “Mines Foreman Gr. I and Mines Foreman Gr. II” means Mines
Foreman of the Department of Mines & Geology, Rajasthan having
jurisdiction fixed by the Mining Engineer / Assistant Mining Engineer
from time to time;
1
[(xviii-a) “Progressive mine closure plan” means a plan, for the purpose of
providing protective, reclamation and rehabilitation measures in a mine
or part thereof that has been prepared in the manner specified and in the
standard format as per the guidelines issued by the Indian Bureau of
Mines or State Government;]

(xix) “Quarry Licence” means a licence granted under these rules wherein a
licensee is required to pay fixed annual licence fee exclusive or
inclusive of royalty, as the case may be;
1
[(xix-a) "Recognised person" means a person to whom recognition is granted,
by the Director or officer authorised by him, under these rules or a
person recognised under rule 2[22C] of the Mineral Concession Rules,
1960 to prepare mining plan;]
3
[(xix-b) “Rawanna” means the rawanna issued for dispatch of mineral
produced from a specified area under prospecting licence / mining lease
or short term permit. The rawanna shall be in form no.12 duly issued by
the Department;

(xix-c) “Royalty Receipt” means the royalty receipt issued for collection of
royalty and / or permit fee for mineral dispatch from area under Excess
Royalty Collection Contract or Royalty Collection Contract on Check
Post or Naka by the contractor. The royalty receipt shall be in form
no.12-A or 12-B as the case may be duly authenticated by the
Department;]

(xx) “Royalty” means the charge payable to the Government in respect of

the ore or mineral excavated, removed or utilized from any land as
prescribed in schedule-I;
4
[(xxi) “Royalty Collection Contract” means a contract for specified mineral(s)
given to collect royalty with or without permit fees, as the case may be
and also to collect other charges as may be specified in the contract, on
behalf of the Government from the holder of quarry licensees and from
the area specified in the contract where under the contractor shall pay a
fixed amount annually to the Government as per terms of the contract;]

1. Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012

2. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
3. Inserted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
4. Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012
7
Rule 3(Cont.) Chapter - I

(xxii) “Schedule” means the Schedule appended to these rules;

1
[(xxii-a) “Scheduled Areas” means Scheduled area of Rajasthan as referred
to in clause (i) of Article 244 of the Constitution of India;.

(xxii-b) “Scheduled Bank” means a Bank as defined in clause(e) of section 2

of the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934);]

(xxiii) “Short Term Permit” means a permit granted under these rules for
excavation and removal of a specified quantity of a mineral within a
specified period and from a specified area;

(xxiv) “Superintending Mining Engineer” means Superintending Mining

Engineer of the Department of Mines & Geology, Rajasthan having
jurisdiction over the area concerned as may be fixed by the Government
from time to time;

(xxv) “Superintending Mining Engineer (Vigilance)” means the

Superintending Mining Engineer (Vigilance) of the Department of
Mines & Geology, Rajasthan having jurisdiction over the area as fixed
by the Government from time to time;
1
[(xxv-a) “Surveyor / Senior Surveyor” means Surveyor of the Department of
Mines and Geology, Rajasthan having jurisdiction fixed by the Mining
Engineer / Assistant Mining Engineer from time to time.]

(xxvi) “Tenant” means the Tenant as defined in the Rajasthan Tenancy Act;
1955 (Rajasthan Act 3 of 1955) and includes agricultural worker and
village artisan 2[;]
3
[(xxvi-a) “Transit Pass” means the transit pass issued for dispatch of mineral
from area other than the area under mining lease, prospecting licence,
quarry licence or short term permit. The transit pass shall be in form no.
12-C duly authenticated by the Department;]
4
[(xxvii) “Unemployed Youth” means a person between 18-35 years of age
having annual income of less than Rs.25,000/- from all sources.]

(2) Words and expressions used but not defined in these rules shall have the
meaning respectively assigned to them in the Act and the Mineral Concession
Rules, 1960 made by the Central Government under section 13 of the Act,
provided that word “Mineral” wherever used in these rules shall mean “Minor
Mineral”.

1. Inserted by Rajasthan Gazette Extra Ordinary dated 28/01/2011

2. Substituted by Rajasthan Gazette Extraordinary dated 09/10/2012
3. Inserted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
4. Added by Rajasthan Gazette Extraordinary dated 28/01/2011
8
Rule 3A Chapter - IA

1
[CHAPTER - I A

Grant of Prospecting Licence

3A Restrictions on grant and renewal of prospecting licence:-

(1) No prospecting licence shall be:

(i) granted for mineral / minerals except marble and granite unless it is
notified by the Government in this behalf;

(ii) granted to a person who is not a citizen of India unless prior approval of
the Government of India has been obtained;

(iii) granted or renewed in respect of lands notified by the Government as

reserved for the use of Government or local authorities for any other
public or special purposes;

(iv) granted or renewed in the forest area without obtaining clearance from
the Government of India in accordance with the Forest (Conservation)
Act, 1980 and the rules made there under;

(v) granted in the area in which quarry licences are in the process of being
granted for a particular mineral;

(vi) granted in the “Scheduled Area” without obtaining prior

recommendation of the Panchayati Raj Institutions at appropriate level
as prescribed under Rajasthan Panchayati Raj (Modification of
provisions in their application to the Scheduled Areas) Act, 1999 (Act
No. 16 of 1999);

(vii) granted or renewed to a person against whom or any member of his /

her family or against a firm of which he / she / any member of his / her
family is or was a partner, the dues of the Department are outstanding;

(viii) granted in favour of a partnership firm or a private limited company

unless a no dues certificate of Department is submitted by all partners
of the partnership firm or all directors of the private limited company as
the case may be;

Provided that where an injunction order has been issued by a court of

law or any other competent authority staying the recovery of such dues,
the non payment thereof shall not be treated as disqualification for the
purpose of grant or renewal of any prospecting licence.

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

9
Rule 3B Chapter - IA

3B Application for grant and renewal of prospecting licence:-

(1) An application for the grant of a prospecting licence or its renewal shall be
made to the concerned Mining Engineer / Assistant Mining Engineer in Form
1-D and Form 1-E respectively.

(2) Every such application shall be accompanied by:

(a) a non refundable fee of Rs. 5,000/- in the form of Demand Draft /
Treasury Challan;

(b) a plan of the area together with description report connecting one of the
corner pillars with a fixed reference point in the vicinity along with
latitude and longitude of reference point as well as the corner pillars;

(c) a valid no dues certificate from the concerned Mining Engineer /

Assistant Mining Engineer if the applicant holds or has held any
mineral concession in the State;

Provided that it shall not be necessary for a Public Sector Company /

Government undertaking to produce no dues certificate but in case the
applicant is a partnership firm or a private limited company, such
certificate shall also be furnished by all partners of the partnership firm
or all directors of the private limited company, as the case may be. In
case of limited company, valid no dues certificate in favour of the
company shall be required.

Provided further that a properly sworn affidavit stating that no dues are
outstanding shall suffice subject to the condition that the certificate
required as above is furnished within 30 days from the date of
application, failing which the application shall become invalid.

Provided also that no dues certificate shall not be required where the
applicant / partners of a firm / directors of the private limited company /
limited company has furnished an affidavit to the satisfaction of the
Government, stating that he / she / it does not or did not hold any
mineral concession in the State.

(d) an affidavit stating that no dues of the Mines Department are outstanding
against any member of his / her family;

(e) an affidavit giving particulars of mineral-wise areas already held by the

applicant or with any person having joint interest or already granted but
not executed or registered or applied but not sanctioned;

(f) revenue details of the applied area with khasra / aaraji number, type of
land and the exact area of the khasra / aaraji falling in the applied area
along with the super imposed map;
10
Rule 3B- 3C Chapter - IA

Provided that revenue details shall not be required at the time of

renewal if such details have already been provided at the time of grant
of prospecting licence.

(g) an affidavit stating that the applicant where the land is not owned by
him, has obtained surface rights over the area or has obtained the
consent of the owner for starting prospecting operations;

Provided that such affidavit shall not be necessary where the land is
owned by the Government.

Provided further that the consent of the owner for starting prospecting
operations in the area or part thereof shall be furnished after execution
of the prospecting licence but before entry into the said area.

Provided also that no such consent would be required in the case of

renewal where consent has already been obtained during grant of the
licence; and

(h) a self attested photo copy of PAN card or driving licence or passport or
voter identification card or bank passbook of the applicant / all partners
of firm / all directors of the private limited company, as the case may
be, as an identity proof.

(3) Every application under sub-rule (1) shall be acknowledged in Form 2-A on
the date of its receipt.

3C Disposal of application for grant and renewal of prospecting licence:-

(1) An application for grant or renewal of a prospecting licence shall be disposed

of by the competent authority.

(2) An application for the renewal of a prospecting licence shall be made at least
90 days before the expiry of the prospecting licence and shall also be
accompanied by:

(i) a report relating to the prospecting operations already undertaken by the

applicant;

(ii) a statement showing the amount of expenditure incurred on prospecting

work;

(iii) a statement showing the period which is required to complete the

prospecting work; and

(iv) a draft of prospecting fee for the renewal period required at the rates
prescribed in rules in addition to application fee.

11
Rule 3C-3D-3E Chapter - IA

(3) An application for the renewal of a prospecting licence shall be disposed of by

the competent authority before the expiry of the prospecting licence.

Provided that if the application for renewal of a prospecting licence is not

disposed of before expiry of the prospecting licence, period of prospecting
licence shall be deemed to have been extended for a period till the date of
disposal of the application or the period for which renewal may have been
granted, whichever is earlier.

(4) The competent authority may condone delay if an application for renewal of
prospecting licence is made after the time limit prescribed in sub-rule (2) and
made before the expiry of licence along with the late fee of five thousand
rupees for each month or part thereof.

(5) Where the application for prospecting licence is not complete in all material
particulars or is not accompanied by the documents as required in the
application form, a 15 days notice shall be given by the concerned Mining
Engineer / Assistant Mining Engineer, requiring the applicant to complete the
application or provide the documents, as the case may be, failing which the
application shall be rejected by the competent authority.

(6) The competent authority may refuse to grant or renewed a prospecting licence
over the whole or part of the area applied for after recording the reasons in
writing and same shall be communicated to the applicant.

3D Period for which prospecting licence may be granted or renewed:-

The period for which a prospecting licence may be granted shall be one year.

Provided that a prospecting licence may be renewed for a further period of one
year if the competent authority is satisfied that such period is required to
complete the prospecting operations.

3E Area of prospecting licence:-

No person shall acquire one or more prospecting licences for a particular

mineral covering a total area of more than 50.00 hectares in the entire State.

Provided that the minimum area to be granted or renewed under a prospecting

licence shall be 5.00 hectares.

Provided further that an area upto 100.00 hectares may be granted to an

applicant who has already made an investment of Rs.5.00 crore in mining
machineries and / or mineral based industry.

12
Rule 3E to 3H Chapter - IA

3F Refusal to grant prospecting licence:-

The competent authority may refuse to grant any application for prospecting licence
after giving an opportunity of being heard on the following reasons:

(i) If the applied area has already been held and worked under prospecting licence
/ mining lease;

(ii) If the applied area has already been prospected by any agency and mineral
existence has already been proved therein;

(iii) Where the application for the grant of prospecting licence and application for
the grant of mining lease in respect of the same area are received on the same
date or on different dates within a period of thirty days, the application for the
grant of mining lease shall, if the area was previously held and worked under a
mining lease or prospecting licence or existence of mineral has been proved
otherwise, be given the priority over the application for the grant of
prospecting licence.

3G Grant or renewal of prospecting licence on the death of the applicant:-

(1) Where an applicant of the grant or renewal of a prospecting licence dies before
the disposal of application, the application for the grant or renewal of a
prospecting licence shall be deemed to have been made by his legal heirs.

(2) In the case of an applicant in respect of whom an order, granting / renewing a

prospecting licence, is passed but who dies before the deed, referred to in sub-
rule (1) of rule 3-J, is executed, the order shall be deemed to have been passed
in the name of the legal heir of the deceased applicant.

3H Security deposit:-

The grantee shall before the deed referred to in sub-rule (1) of rule 3-J is executed,
deposit as security for the due observance of the terms and conditions of the licence, a
sum of rupees ten thousand for first 5.00 hectare or part thereof and thereafter
Rs.2000/- for every additional one hectare or part thereof, in the form of National
Saving Certificate or a Fixed Deposit Receipt of a Nationalized Bank / Scheduled
Bank duly pledged in favour of the concerned Assistant Mining Engineer / Mining
Engineer.

13
Rule 3I-3J-3K-3L Chapter - IA

3I Performance Guarantee:-

The grantee shall submit performance guarantee in the form of Fixed Deposit Receipt
of Nationalized Bank / Scheduled Bank or National Saving Certificate equivalent to
25% of existing licence fee for the due performance of the prospecting licence in
favour of the concerned Mining Engineer / Assistant Mining Engineer before
execution of the deed of prospecting licence. The performance guarantee shall be
adjusted against Departmental dues of the licensee on expiry or cancellation of the
licence, if any, otherwise it shall be refunded to him after expiry of the licence.

3J Execution of the deed of prospecting licence and its renewal:-

(1) Where on any application for a prospecting licence an order has been made for
the grant or renewal of such licence, a licence deed in Form 5-A shall be
executed within ninety days from the date of the order by the applicant or in
such further period as the competent authority may allow in this behalf and if
no such deed is executed within the said period due to any default on the part
of the applicant, the competent authority may revoke the order granting or
renewing the licence and in that event the prospecting fee paid shall be
forfeited to the Government.

Provided that competent authority may extend the period for execution of deed
if the delay in execution is not on the part of the grantee.

(2) The date of the commencement of the period for which a prospecting licence
is granted shall be the date on which the deed is executed under sub-rule (1)
and in case of renewal it shall be from the next day of expiry of original
period.

3K Report of information obtained by licensee:-

(1) The licensee shall submit to the Government or to any officer authorized in this
behalf an annual report of the work done in Form No. 11-C stating the number
of persons engaged and disclosing in full the geological, geophysical or other
valuable data collected by him during the period. The annual report shall be
submitted within three months from the expiry of the prospecting licence.

(2) Any deposit made under rule 3-H, if not forfeited under these rules, shall be
refunded to the licensee after one month of the report, referred in sub-rule (1),
is submitted.

3L Registers:-

(1) A register for application for grant or renewal of prospecting licence shall be
maintained by the Assistant Mining Engineer / Mining Engineer in Form No.
3-A.

14
Rule 3L-3M Chapter - IA

(2) A register for prospecting licence granted or renewed shall be maintained by

the Assistant Mining Engineer / Mining Engineer in Form No. 4-A.

3M Conditions of prospecting licence:-

Every prospecting licence granted under these rules shall, in addition to other
conditions that may be specified therein, be subject to the following conditions,
namely:

(i) the licensee shall pay prospecting fee of Rs.5,000/- per hectare or part thereof
for each year or part thereof;

(ii) the licensee may win and carry away mineral for the purpose of cutting and
polishing, testing and to search for market, a quantity up to 200 tonnes on
payment of royalty at the applicable rates;

Provided that with the written approval of the Director, the licensee may carry
away quantity of mineral in excess of 200 tonnes on payment of royalty for the
above mentioned purposes but in no case it shall exceed 1000 tonnes.

(iii) save in the case of land in respect of which the licensee is granted a mining
lease, he shall within three months after the determination of the licence or the
date of abandonment of the prospecting operations, whichever is earlier,
securely plug all bores and fill up or fence all excavations in the land covered
by the licence;

(iv) the licensee shall report to the concerned Assistant Mining Engineer / Mining
Engineer, the discovery of any mineral not specified in the licence within a
period of 60 days from the date of such discovery and shall make an
application for inclusion of such mineral in his prospecting licence
simultaneously. The licensee shall not despatch the newly discovered mineral
till it is included in his prospecting licence by the competent authority.

(v) the licensee shall not pay a wage less than the minimum wages prescribed by
the Central or the State Government from time to time under the Minimum
Wages Act, 1948;

(vi) the licensee of granite / marble shall observe the provisions of the Granite
Conservation and Development Rules, 1999 and Marble Development and
Conservation Rules, 2002 respectively;

(vii) the licensee shall:

(a) take immediate measures for the plantation in the sanctioned area or
near by area approved by Assistant Mining Engineer / Mining Engineer
not less than twice the number of trees felled as a result of prospecting
operations and look after them during subsistence of the licence;

15
Rule 3M(Cont.) Chapter - IA

(b) restore, to the extent possible, other flora destroyed by prospecting

operations;

(viii) the licensee shall pay to the occupier of surface of the land such compensation
as may become payable as per law in force;

(ix) a prospecting licence may contain other conditions as the Government may
think fit, namely:-

(a) Compensation for damage to land in respect of which the licence has
been granted.

(b) Indemnity to the Government, against the claim of a third party for any
damage, injury or disturbance caused to him, by the licensee.

(c) Restriction regarding felling of trees on unoccupied and unreserved

Government land and other environmental conditions as may be
decided from time to time.

(d) Restriction on prospecting operations in any area prohibited by any

competent authority due to environmental or any other reasons as may
be decided from time to time.

(e) Conditions regarding entry on occupied land.

(f) Facilities to be given by the licensee for working other minerals in the
licensed area or in adjacent areas.

(x) every holder of a prospecting licence shall submit to the Government or any
other officer authorized in this behalf, within a period of 60 days, from the
date of execution of deed of prospecting licence, a scheme of prospecting
indicating the manner in which he proposes to carry out the prospecting
operations. The licensee shall carry out the prospecting operations in
accordance with the scheme submitted by him or as directed by the
Government or any officer authorized in this behalf;

(xi) every licensee shall maintain a correct and faithful account of all the expenses
incurred by him on prospecting operations and also the quantity and other
particulars of all minerals obtained during such operations and their despatch;

(xii) The licensee shall:

(a) allow any officer authorized by the Central Government or the State
Government in this behalf to examine at any time accounts maintained
under sub-clause (xi) and furnish to the Central Government or to the
State Government such information and returns as it or any officer
authorized in this behalf may require.

16
Rule 3M-3N Chapter - IA

(b) allow any officer, authorized by the Central Government or the State
Government in this behalf, to inspect any prospecting operation carried
out by him;

(xiii) The prospecting operations shall be carried out in such a manner so as to

ensure systematic development and conservation of mineral deposits and
protection of environment. In case of any breach on the part of the licensee of
any covenant or condition contained in the licence deed or the rules made by
the Central / State Government, the competent authority may determine the
licence and take possession of the said land and forfeit the security deposited.
Such action shall not be taken unless the licensee has failed to remedy the
breach after serving a 15 days notice.

3N Preferential right of certain persons:-

(1) Where a prospecting licence has been granted in respect of any land, the
licensee shall have a preferential right for obtaining a mining lease in respect
of that land over any other person if he applies for a mining lease within three
months after the expiry of the prospecting licence, subject to the provisions of
rule 11, if the State Government or officer authorized in this behalf, is satisfied
that the licensee-

(a) has undertaken prospecting operations to establish mineral resources in

such land;

(b) has not committed any breach of the terms and conditions of the
prospecting licence; and

(c) is otherwise a fit person for being granted the mining lease.

(2) Subject to the provisions of sub-rule (1) where two or more persons have
applied for a prospecting licence in respect of same land, the applicant whose
application was received earlier shall have preferential right for the grant of
the prospecting licence over an applicant whose application was received later.

Provided that where such applications are received on the same day the
competent authority shall decide the 1[priority by way of lottery.]]

1. Substituted by Rajasthan Gazette Extraordinary dated 12/07/2013

17
Rule 4 Chapter - II

CHAPTER - II

Grant of Mining Lease

4 Restriction on grant and renewal of mining lease:-

(1) No mining lease shall be granted in respect of such mineral / minerals as

Mining Engineer / Assistant Mining Engineer may notify in this behalf within
his jurisdiction with the approval of the Director.

(2) No mining lease shall be granted to a person who is not a citizen of India unless
prior approval of the Government of India has been obtained.

(3) 1[ ]
2
[(4) (i) No mining lease shall be granted or renewed to a person against whom
or any member of his / her family or against a firm of which he / she is
or was a partner, the dues of the Department are outstanding.

(ii) No mining lease shall be granted in favor of a partnership firm or a

private limited company unless a no dues certificates of Department is
submitted by all partners of the partnership firm or all members of the
private limited company as the case may be.

Provided that where an injunction order has been issued by a court of

law or any other competent authority staying the recovery of such dues,
the non payment there of shall not be treated as disqualification for the
purpose of grant or renewal of any mining lease.]

(5) No mining lease shall be granted or renewed in respect of lands notified by the
Government as reserved for use of the Government or local authorities for any
other public or special purposes.

(6) No mining lease shall be granted or renewed in the forest area without
clearance from the Central Government in accordance with the Forest
(Conservation) Act, 1980 and the rules made thereunder.

(7) Unless otherwise notified by the Mining Engineer / Assistant Mining Engineer
no mining lease shall be granted in the area in which quarry licences are in the
process of grant for a particular mineral. 2[The process of grant of quarry
licences shall be deemed to have started from the date of entry made in the
register of mining lease mentioned in rule 10(2).]

1. Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
18
Rule 4-5 Chapter - II
1
(8) [ ]
2
(8) [No prospecting licence, mining lease or any other mineral concession in
respect of a 3[minor mineral shall be granted or renewed] in the Schedule Area
without obtaining prior recommendation of the Panchayati Raj Institutions at
appropriate level as prescribed under Rajasthan Panchayati Raj (Modification
of provisions in their Application to the Schedule Areas) Act, 1999 (Act No.
16 of 1999).]
4
[(9) No fresh mining lease shall be granted to a person, who has committed offence
under rule 48 and / or 68, for next five years from the date of offence.
5
[(10) No mining lease in Government land, including the forest land for which
diversion is granted by the Central Government under Forest (Conservation)
Act, 1980, shall be granted on an application by the applicant unless the area is
delineated and applications are invited by the Government. All the
applications which are presented in Government Land upto 27-01-2011,
except the application presented by person having preferential right under the
rule 3N or sub-rule (1) of rule 11, in respect of which lease deed as per rule 19
has not been executed shall be rejected.]
6
[(11) No mining lease in khatedari land shall be granted to a person other than
khatedar or a person having registered consent of khatedar.]
7
[(12) No mining lease shall be granted or renewed in contravention of Environment
Impact Assessment Notification dated 14.09.2006 issued by the Ministry of
Environment and Forest, Government of India, as amended from time to time.]

5 Application for grant or renewal of mining lease:-

(1) Every application for grant of mining lease shall be made to the Mining
Engineer / Assistant Mining Engineer concerned in Form No.1-A;
8
[Provided that an application for grant of mining lease through auction, tender
or lottery as per 9[sub-rule (3) of rule 7] shall be made in FORM NO. 1-G,
FORM NO. 1-I or FORM NO. 1-L, respectively;]

(2) Every application for renewal of mining lease shall be made to the Mining
Engineer / Assistant Mining Engineer concerned in Form No.1-B.

1. Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996

2. Added by Government Notification dated 12/04/2002
3. Substituted by Rajasthan Gazette Extraordinary dated 25/05/2012
4. Added by Rajasthan Gazette Extraordinary dated 28/01/2011
5. Substituted by Rajasthan Gazette Extraordinary dated 03/04/2013
6. Added by Rajasthan Gazette Extraordinary dated 25/05/2012
7. Added by Rajasthan Gazette Extra Ordinary dated 19/06/2012
8. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012
9. Substituted by Rajasthan Gazette Extraordinary dated 12/07/2013
19
Rule 5(Cont.) Chapter - II

(3) Every application made under sub rule (1) and (2) above shall be accompanied
by:
1
(a) [a fee of Rs. 2[10000/-] for marble, sandstone & Granite and Rs.
2
[5000/-] for other minerals 3[which shall not be refunded except in case
where process of allotment is cancelled by the order of the court or any
authority;]]
(b) a plan of the area together with description report connecting one of the
corner pillars with a fixed reference 4[point in the vicinity. However
plan of the area is not required for applications submitted in FORM
NO. 1-G, FORM NO. 1-I or FORM NO. 1-L];
(c) (i) an attested copy of no dues certificate from the Mining Engineer /
Assistant Mining Engineer concerned if the applicants holds or has
held any mineral concession.
5
[Provided that it shall not be necessary for a public sector company
/ public undertaking to produce no dues certificate but in case the
applicant is a partnership firm or a private limited Company, such
certificate shall be furnished by all partner of the partnership firm or
all members of the private limited company, as the case may be.]

Provided further that a properly sworn affidavit stating that no dues

are outstanding shall suffice subject to the condition that the
certificate required as above is furnished within 6[thirty] days of the
date of application failing which the application shall become
invalid.

Provided further also that where any injunction has been issued by
the Court or any other competent authority staying recovery of any
dues, the non-payment thereof shall not be treated as a
disqualification for the purpose of granting or renewing the lease;

Provided further also that no dues certificate shall not be required

where a person has furnished an affidavit to the satisfaction of the
State Government, stating that he does not or did not hold a mining
lease or any other type of mineral concession;

(ii) An affidavit stating that no dues of the Department are outstanding

against any member of his family;

1. Substituted by Government Notification dated 18/12/2004

2. Substituted by Rajasthan Gazette Extra Ordinary dated 05/08/2014
3. Substituted by Rajasthan Gazette Extra Ordinary dated 14/02/2013
4. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012
5. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
6. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
20
Rule 5-6-7 Chapter - II

(d) in case the applicant belongs to Schedule Caste / Schedule Tribe a

certificate of being a member of Schedule Caste / Schedule Tribe from
the officer not below the rank of Tehsildar, or Vikas Adhikari and
affidavit of being a manual worker working in mines duly sworn and
admitted before a notary public or oath commissioner.
1
[(e) an affidavit giving particulars of mineral-wise areas already held under
mining lease by the applicant or with any person having joint interest or
already granted but not yet executed / registered or already applied but
not yet granted]
2
[(4) Notwithstanding anything contained in sub-rule (3), the Mining Engineer /
Assistant Mining Engineer or the authority competent to dispose off the
application for grant or renewal of mining lease may require from the
applicant such additional information or document, within such time, as he
may deem fit.

6 Acknowledgement of application:-

Every application 3[under rule 5, accept the application submitted in FORM NO. 1-G
or FORM NO. 1-I] shall be acknowledged in Form No. 2 on the date of its receipt.
4
[7 Procedure for grant of lease.-

(1) In Government land, the mining lease shall be granted after the area is first
delineated, plots suitably numbered and a notification inviting application is
published in two daily news papers, at least one of which is state level and
other having wide publicity in the area where lease are being allotted. The
notification shall be published at least 30 days before the intended date of
inviting applications and shall contain the date or the period within which
applications shall be received. Out of these delineated plots the committee
constituted under sub-rule (3) of rule 23A shall reserve 50% of plots which
shall be allotted only by auction/tender and the remaining 50% shall be
allotted by way of lottery to the following categories of persons as per
percentage mentioned against each category:-

1. Added by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Added by Rajasthan Gazette Extraordinary dated 25/05/2012
3. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012
4 Substituted by Rajasthan Gazette Extra Ordinary dated 03/04/2013
21
Rule 7-8 Chapter - II

(i) Persons who undertake to install a crusher / mineral based 10%

industry;
(ii) Manual workers and widows of manual workers belonging 5%
to Scheduled Castes / Scheduled Tribes / Other Backward
Classes / Special Backward Class employed in Mines;
(iii) Manual workers and widows of manual workers other than 5%
Scheduled Castes / Scheduled Tribes / Other Backward
Class / Special Backward Class employed in mines;
(iv) Persons belonging to Scheduled Castes / Scheduled Tribes / 20%
Other Backward Class / Special Backward Class;
(v) Persons identified as "Below Poverty Line"; 10%
(vi) Freedom fighter/Ex-soldiers including members of para 5%
military forces belonging to Rajasthan, who have been
permanently incapacitated or dependents of those who have
died while in service;
(vii) Rajasthan State Government servants who have been 5%
permanently disabled while on duty or the dependents of
those who have died while in service;
(viii) Persons with disabilities (disabled persons) other than those 5%
covered in categories (vi) & (vii) above;
(ix) Societies of Unemployed youth of Rajasthan; and 25%
(x) Other persons. 10%

Provided that mining leases for mineral bajri shall only be granted by way
of tender or auction.

(2) No person shall be eligible for making application for mining lease to be
granted by way of lottery who already holds two mining leases in the
respective office or three in the State for that mineral or associated group of
minerals.

(3) All applications of the applicants other than the applicant who is selected for
grant of mining lease shall be deemed to have been rejected and application
fee in respect of such applications shall be forfeited.]

8 Disposal of applications for the grants and renewal of the mining lease:-
1
[(1) An application for grant of mining lease shall be disposed off by the
competent authority. The competent authority, after taking decision to grant
precise area, shall issue letter of intent to the applicant to submit mining plan
along with progressive mine closure plan to the authorised officer of the State
Government for its approval, within a period of three months:

1. Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012

22
Rule 8(Cont.) Chapter - II

Provided that the competent authority may also seek such other documents as
he may deem fit and where the environment clearance is required to be
submitted, the period for its submission shall be twelve months.

Provided further that the above period may be extended by the competent
authority subject to payment of late fees at the rate of 6% of annual dead rent
for every month or part thereof of such extended period.]
1
(2) [An application for renewal of mining lease shall be made at least 12 months
before the expiry of the mining lease and shall be disposed of before the expiry
of lease and if the application is not disposed of within that period, the lease
shall be deemed to have been extended by a further period till final orders are
passed on the renewal application by the competent authority.”]
2
[Provided that the mining lease for mineral bajri, shall not be renewed;]
3
[ ]
4
[Provided further that after 31.12.2013, during the extended period, no mining
operation shall be carried out or allowed to be carried out by the lessee till the
lease is renewed.]

1. Substituted by Rajasthan Gazette Extraordinary dated 30/03/1995

2. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012
3. Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994
4. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
23
Rule 9-10-11 Chapter – II

9 Refusal of application of mining lease:-

The Government or competent authority may refuse to grant or renew any mining
lease subject to reasons to be recorded and to be communicated to the applicant in
writing.

10 Register of Mining Lease applications and mining leases:-

(1) A register of mining lease applications shall be maintained in the office of the
Mining Engineer /Assistant Mining Engineer concerned in Form No. 3.

(2) A register of mining lease shall be maintained in the office of the Mining
Engineer/Assistant Mining Engineer concerned in Form No. 4.

11 Area of Mining Lease:-

(1) The mining lease shall be granted for such area as the Government may deem
fit. The Director may fix the area for the grant of a mining lease for a
particular mineral and for a particular area, but it shall not be less than
4
[1 Hectare]. This limit shall however, 5[not apply for renewal of existing
mining leases and also to the gap areas] which are less than the minimum
prescribed size.
6
[Provided that where the gap area available free for grant is 7[less than one
hectare] and surrounded by three or more mining leases or by forest boundary
or any other reserved land, such gap area shall be granted by auctions to any
one of the surrounding lessees and the same shall be added in his lease.

Provided further that where the gap area is 7[one hectare or above], a separate
mining lease shall be granted by way of open auction.

1. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012

2. Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994
3. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
4. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
5. Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
6. Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994
7. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
24
Rule 11(Cont.) Chapter – II

Provided further also that in the case where application for grant of a mining
lease has been received for an area exceeding the prescribed size and the
applicant having been informed by the concerned Mining Engineer / Assistant
Mining Engineer to reduce the area fails to reduce the same within given time,
the application may be rejected by the Mining Engineer / Assistant Mining
Engineer.]
1
[ ]
2
[Provided also that 30 meter wide strip of Government land shall be kept
reserved around the existing mining lease for allotment to adjoining lessees to
enhance size of lease for scientific and safe mining. The area of strip shall be
allotted on an application submitted by the lessee to the Mining Engineer /
Assistant Mining Engineer concerned, after considering its merit 3[ ]
area of strip may be added to his existing mining lease. The existing lessee in
whose lease, the strip is added shall pay, premium equivalent to four times of
dead rent of the area to be added, in addition to dead rent as per rules".]

(2) No person shall acquire in respect of any mineral or prescribed group of

associated minerals as prescribed in Schedule-III one or more mining leases
covering total area of more than 10 Sq. Kms.
4
[Provided that the above provision shall not be applicable for mining leases of
mineral bajri.]

Provided further that if the Government is of the opinion that in the interest of
mineral development it is necessary to do so, it may for reasons to be recorded
permit grant of mining leases 4[for an area] in excess of 10 sq. Kms.
5
[ ]

(i) Notwithstanding anything contained in sub-rules (1) and (2) above,

mining leases for specific projects approved by the Rajasthan State
Industrial Investment Corporation, shall be granted on the
recommendations of a committee appointment under the Chairmanship
of the Mines Secretary.

1. Deleted by Rajasthan Gazette Extraordinary dated 12/07/2013

2. Added by Rajasthan Gazette Extraordinary dated 24/03/2011
3. Deleted by Rajasthan Gazette Extraordinary dated 02/11/2012
4. Substituted by Rajasthan Gazette Extra Ordinary dated 12/07/2013
5. Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994
25
Rule 11-12-13-14 Chapter – II

(ii) For the purpose of determining the total area referred to in sub-rule (2)
the area held under mining lease by a person as a member of a
cooperative society, company or other corporation or a Hindu
Undivided Family or a partner of a firm shall be deducted from the area
referred to in sub-rule (2) above so that the total area held by such
person under mining lease, whether as such member or partner or
individually may not in any case exceed the total area specified in sub-
rule (2).

12 Length and breadth of area under a mining lease:-

As far as possible area applied under mining lease shall be rectangular in shape and
length shall not exceed four times of its width.

13 Boundaries below the surface:-

Boundaries of the area covered by a mining lease shall run vertically downwards
below the surface towards the centre of the earth.

14 Security deposits:-

(1) The lessee shall be required to deposit a sum equal to one fourth of the annual
dead rent as security in cash or in the form of 1[a Fixed Deposit Receipt of a
Nationalized Bank or] National Saving Certificates or National Plan
Certificate or any other form of securities which may be notified by the
Government for the due performance of the term of the lease agreement. The
Certificate 1[or the Fixed Deposit Receipt] shall be pledged with Mining
Engineer / Assistant Mining Engineer, having jurisdiction over the area under
lease.
2
[(2) Whenever the dead rent of a mining lease is enhanced as per provisions of
these rules, the lessee shall deposit a further sum so as to make the total
security deposit equal to one fourth of the enhanced dead rent within 60 days
of such enhancement.]

1. Inserted by Rajasthan Gazette Extraordinary dated 29/08/1996

2. Added by Rajasthan Gazette Extraordinary dated 12/08/1994
26
Rule 14A-15 Chapter – II
1
[14-A Performance Guarantee:-

The grantee shall submit Performance Guarantee in the form of Fixed Deposit
Receipt of Nationalized Bank / Scheduled Bank or National Saving Certificate
equivalent to 25% of existing dead rent for the due performance of the lease in
favour of the Mining Engineer / Assistant Mining Engineer before execution
of the lease. At the time of enhancement of dead rent, the Performance
Guarantee shall also stand revised proportionately and lessee shall deposit the
difference of Performance Guarantee within a period of 30 days. The
Performance Guarantee shall be adjusted against Departmental dues of the
lessee on expiry or cancellation of the lease, if any; otherwise it shall be
refunded to him after expiry of the lease.]

15 Transfer of Mining Lease:-

(1) The lessee shall not without the previous consent in writing of the competent
authority:-

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

(b) Enter into or make any arrangement, contract or understanding whereby

the lessee will or may be directly or indirectly financed to a substantial
extent by, or under which the lessee’s operations or undertakings will or
may be substantially controlled by any person or body of persons other
than lessee.
2
[ ]
3
[Provided that the lessee of masonary stone may, with the prior
permission of concerned ME / AME and subject to such conditions as
he may specify therein, allow any Government contractor to install and
operate stone gitti crusher till the completion of construction work.

Provided further that such permission shall be given by ME / AME

after obtaining registered consent of the lessee and also on the condition
that the crusher owner shall use masonary stone produced from the
concerned lease area only.

Provided also that wherever required, permission of Revenue and other

Departments may also be taken before issuing such permission.]

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994
3. Added by Rajasthan Gazette Extraordinary dated 27/05/2011
27
Rule 15(Cont.) Chapter – II
1
[(1A) Every application for transfer of Mining Lease shall be accompanied by a fee of
2
[Rs. 5000/- for marble, sandstone & granite and Rs. 2000/- for other minerals]
and shall be submitted to the Mining Engineer / Assistant Mining Engineer.

(1AA) The Government may subject to the condition specified in rule 11(2) transfer
whole area of the lease to a person on payment to the Government transfer
premium 2[equal to existing dead rent.]

Provided that the lease has remained in force for at least two years from the
date of grant.

Provided further that such transfer shall not be made if there are any dues
outstanding against the transferor or transferee.

Provided further also that where the mortgagee is a State Institution or a Bank
or a State Corporation, it shall not be necessary for the lessee to obtain the
previous consent of the competent authority or previous sanction of the State
Government. However lessee shall inform the competent authority about any
mortgage in favour of any State Institution, Bank or State Corporation within a
period of 3 months from the date of mortgage or assignment.]

(2) An application for transfer of mining lease shall be disposed of by competent

authority. 3[ ]

Provided that transfer of mining lease, granted to the category of persons

mentioned in 4[sub-rule (1) of rule 7] shall be made only to a person belonging
to any of the categories mentioned in the clause of the said sub-rule.

(3) Transfer of mining lease shall not be considered as a matter of right and the
Government may refuse for such transfer for the reasons to be recorded and
communicated in writing to the lessee.

(4) Where on an application for transfer of mining lease under this rule the
competent authority has given consent for such lease, a transfer lease deed in
Form No.15 or a form as near thereto as possible, shall be executed within
three months of the date of the consent, or within such period as the competent
authority may allow in this behalf.

1. Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Substituted by Government Notification dated 18/12/2004
3. Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994
4. Substituted by Government Notification dated 12/07/2013
28
Rule 16 Chapter – II

16 Period of lease:-
1
[(1) The maximum period for which a 2[mining lease except lease for mineral bajri
may be granted] shall not exceed 3[thirty years.]

Provided that the minimum period for which any such mining lease may be
granted shall not be less than 3[twenty years.]]
4
(2) [Notwithstanding anything contained in the instrument of mining lease,
the period of lease of existing mining leases at the time of commencement of
these rules, may also be extended to a period falling short of 3[30 years]
subject to the conditions that:-

(1) The mining waste / debris has been dumped at place(s) duly approved
by the Mining Engineer / Assistant Mining Engineer.

(2) No case of illegal mining has been made out against the lessee during
the last three years.

(3) The area held by the lessee does not exceed 10 sq. Kms.]
5
[(4) The area held by the lessee does not fall in any type of Forest land.]
6
[(3) Notwithstanding anything contained in sub-rule (1) and (2) mining lease for
mineral bajri shall be granted for a period of five years only.]

17 Renewal of Mining Lease:-

(1) On an application being made in this behalf and where such application is
found complete in all respect, the competent authority shall renew the mining
lease for a 2[period not exceeding 30 years] and where the competent authority
is satisfied that mines have been worked properly and that substantial
investment in machinery and equipment have been made by the lessee, the
competent authority may further grant subsequent renewals each for a period
1
[up to 7[30]] years 8[subject to the condition that total period of the lease shall
not exceed 3[90 years.]]
2
[Provided that the mining lease for mineral bajri shall not be renewed.]

1. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
4. Substituted by Rajasthan Gazette Extraordinary dated 29/08/1996
5. Added by Rajasthan Gazette Extraordinary dated 28/01/2011
6. Added by Rajasthan Gazette Extraordinary dated 25/05/2012
7. Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
8. Added by Rajasthan Gazette Extraordinary dated 21/02/1992
29
Rule 17 Chapter – II

Provided further that where the lease is so renewed the dead rent shall be
revisable after every five years from the date of renewal according to the
formula given under rule 18 (3) for revision of dead rent.

Provided further that the competent authority while granting the renewal of
mining lease 1[may reduce] the area of the lease so that the area sanctioned to
the lessee shall in no case exceed 10 sq. Kms. 2[ ]
3
[Provided also that where lessee applies for renewal after reducing the
original area in more than one blocks, in such cases renewal of reduced area in
more than one block may be allowed subject to condition that every block to
be renewed shall not be less than the prescribed size.]
4
[(2) where the application for renewal has been received after the period prescribed
in rule 8(2), it shall be entertained on the payment of the following penalties:
5
[Period of delay Amount of penalty
(a) Up to one month 1% of the existing annual dead rent subject
to a minimum of Rs.500.00
(b) Up to two months 2% of the existing annual dead rent subject
to a minimum of Rs.1000.00
(c) Up to three months 3% of the existing annual dead rent subject
to a minimum of Rs. 1500.00
(d) Up to 6 months 10% of the existing annual dead rent subject
to a minimum of Rs 3000.00
(e) More than 6 months but 25% of the existing annual dead rent subject
before expiry of lease to a minimum of Rs. 10000.00 ]

(3) Notwithstanding anything contained in the instrument of the mining lease, if

the application for renewal has not been disposed of before the expiry of the
lease it shall be deemed to have been extended by a further period till the
competent authority passes order thereon. The dead rent 2[after expiry of lease
period shall be as per the revised dead rent referred to in sub rule (3) of rule
18.]]
6
[Provided that after 31.12.2013, during the extended period, no mining
operation shall be carried out or allowed to be carried out by the lessee till the
lease is renewed.]

1. Substituted by Government Notification dated 12/07/2013

2. Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994
3. Added by Rajasthan Gazette Extraordinary dated 28/01/2011
4. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
5. Substituted by Government Notification dated 18/12/2004
6. Added by Rajasthan Gazette Extra Ordinary dated 09/10/2012

30
Rule 17-18 Chapter – II

(4) (a) In case of renewal of mining lease after the expiry of the lease period,
the dead rent from date of expiry of the previous lease to the date of
execution of the renewed lease deed shall be as per the sanction of
renewal.
(b) In case of revocation of the sanction for renewal on failure of execution
of the lease agreement by the lessee, the dead rent as per sanction for
the renewal be charged from the date of expiry of the previous lease to
the date of taking over possession.
1
[(5) The competent authority may, while granting renewal of a mining lease,
impose conditions relating to mechanization, development of mines and
establishment of mineral based industry after obtaining prior approval of the
Government by a general or specific order.]
18 Conditions:-
2
[ ] The following conditions shall be included in every mining lease and if
they are not so included shall be deemed to have been included therein:-
3
[(1)] (a) The holder of a mining lease granted before the commencement of
these rules, shall notwithstanding anything contained in the instrument
of lease or any law or rules in force at such commencement, pay royalty
in respect of any mineral removed by him from and / or consumed
within the leased area after such commencement at the rates for the
time being specified in Schedule I in respect of that mineral;
(b) The holder of a mining lease granted on or after the commencement of
these rules shall pay royalty in respect of any mineral removed by him
from and / or consumed within the leased area at the rate for the time
being specified in the Schedule I in respect of that mineral;
(c) The State Government may, by notification in the Official Gazette,
amend the Schedule I so as to enhance the rate at which royalty shall be
payable in respect of any mineral in accordance with the provisions of
these rules with effect from such date as may be specified;
Provided that no enhancement in the rate of royalty shall be made
before a period of 4[3] years from such previous enhancement;
(2) (a) The lessee shall pay for surface area used by him for the purpose of
mining, surface rent to Revenue Department as per the rates prevalent
in the area;
(b) The Government shall be entitled to charge certain amount per year or
part thereof for the ecological restoration of mines and quarries from
the lessee and this shall be the part of agreement. The amount may be
fixed and revised by Government from time to time and may vary from
place to place;

1. Substituted by Rajasthan Gazette Extraordinary dated 30/03/1995

2. Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996
3. Added by Rajasthan Gazette Extraordinary dated 29/08/1996
4. Substituted by Rajasthan Gazette Extraordinary dated 10/12/1987
31
Rule 18(Cont.) Chapter – II

(3) The lessee shall also pay for every year such yearly dead rent as may be fixed
by the Government in quarterly installments in advance and if the lease
permits the working of more than one mineral, the State Government shall not
charge separate dead rent in respect of each mineral;

Provided that the yearly dead rent at the time of initial grant shall be according
to the rates specified in Schedule–II. The rates specified in Schedule-II shall,
however, not be applicable at the time of revision of dead rent;
1
[Provided further that the rate of annual dead rent shall stand revised after
every five years from the date of initial grant or renewal of the mining lease in
accordance with the following formula:-]
2
[Revised dead rent = Existing dead rent + 40% of Existing dead rent;]
3
[Provided further also that revised dead rent shall not exceed five times of the
dead rent calculated as per schedule–II in force at time of revision of dead
rent; 4[ ]

Provided further also that the existing dead rent shall not be reduced if it is
more than the dead rent calculated as aforesaid;]

Provided further also that the lessee shall be liable to pay either dead rent or
royalty in respect of each mineral whichever is higher but not both;

(4) The lessee shall pay all dues in the office of such officer, in such manner and
at such place as may be mentioned in the lease agreement or as notified by the
Government from time to time;
5
(5) [ ];

(6) The lessee shall at his own expense erect and at all time maintain and keep in
repair boundary pillars and marks according to the plan and demarcation
report annexed to the lease;

(7) The lessee shall not erect, set-up or place any building or thing and shall also
not carry on surface operations in or upon any public pleasure ground, burning
or burial ground or place held sacred by any class of persons or any house or
village site, public road or other place which the Government may determine
as public ground or in such a manner as to injure or prejudicially affect any
building, works, property or rights of other persons;

1. Substituted by Rajasthan Gazette Extraordinary dated 29/08/1996

2. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
3. Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994
4. Deleted by Rajasthan Gazette Extraordinary dated 25/05/2012
5. Deleted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
32
Rule 18(Cont.) Chapter – II
1
[(7a) The lessee shall give notice of commencement of any mining operation to the
authorities as per section 16 of the Mines Act, 1952 and also to the Mining
Engineer / Assistant Mining Engineer concerned at least one month before the
commencement of any mining operation;]

(8) The lessee shall commence mining operations within, 1[six] months from the
date of execution of the lease and thereafter carry on such operations
effectively in a manner which will ensure safety of laborers, conservation of
mineral, removal of sufficient over burden, careful storage, removal and
drainage of waste and removal of all valuable minerals from the mines in
accordance with lease;
2
[(8a) 3[ ]]
4
[(8b) 3[ ]]

(9) (a) The lessee shall keep correct and regular accounts of all minerals
excavated from the mines, the quantity lying in stock at the mines and
the quantity dispatched and utilised there from as also the number of
persons employed in Form No. 11 B. It shall contain particulars
regarding the quantity of mineral sold / utilized, its value and name of
persons or firms to whom sold. The accounts shall be produced before
the assessing authority on such date as may be fixed by in this behalf
for the purpose of assessment. The lessee shall maintain up to date
plans of the mines and shall also allow any officer of the Department as
may be authorized by the Director in this behalf to examine such
accounts and plans at any time and shall furnish him other information
as he may require;

(b) The lessee shall furnish monthly returns to the assessing authority in the
Form No.11A by the 15th of the following month to which the returns
relate;

Provided that the assessing authority may extend the period for
submission of such returns by any lessee for a period not exceeding 15
days;

(c) The lessee or any other person shall not remove or dispatch or utilize
the mineral from the mines and quarry without Rawanna. The Rawanna
shall be in Form No.12 appended to these rules and shall be duly sealed
by the Department;

1. Inserted by Rajasthan Gazette Extra Ordinary dated 16/05/2016

2. Substituted by Rajasthan Gazette Extraordinary dated 29/08/1996
3. Deleted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
4. Added by Rajasthan Gazette Extraordinary dated 29/08/1996
33
Rule 18(Cont.) Chapter – II

(10) The lessee shall abide by all existing Acts and Rules enforced by the
Government of India or the State Government and all such other Acts or Rules
as may be enforced from time to time in respect of working of the mines and
other matters affecting safety, 1[health, environment and convenience] of the
lessee’s employees or of the public;

(11) The lessee shall allow existing and future licensees or lease holders of any
land which is comprised in or is reached by the land held by the lessee,
reasonable facilities for access thereto;

(12) The lessee shall allow any 2[officer of the department or any other officer
authorised by the Central or State Government in this behalf] to enter upon the
premises comprised in the lease for the purpose of inspecting the same and
abide by instruction issued by him from time to time regarding the
conservation and development of minerals and the related matters;

(13) Subject to the provision of clause (7) above the lessee may erect on the area
granted to him, any building required for bonafied purpose and such building
shall be the property of the Government after the expiry of the lease or earlier
determination or surrender of the lease;

(14) The lessee shall make reasonable satisfaction and pay such compensation as
may be assessed by lawful authority in accordance with the law or rules or
order in force on the subject for all damages, injuries or disturbances which
may be done by him and shall indemnify and keep indemnified fully and
completely, the Government against such damages, injury or disturbance and
all cost and expenses in connection therewith;
3
[(15) (a) The lessee shall forthwith report to the Director / Superintending
Mining Engineer / Mining Engineer / Assistant Mining Engineer any
accident which may occur at or in the said premises;

(b) The lessee shall report to the Director / Superintending Mining

Engineer / Mining Engineer / Assistant Mining Engineer the discovery
of any mineral not specified in the lease within thirty days of such
discovery; 4[ ]
5
[(16) If any minor mineral not specified in the lease is discovered in the leased area,
the lessee shall not win and dispose of such mineral unless such mineral is
included in the lease or a separate lease is obtained for such mineral. In such
case the dead rent shall be charged for the mineral whose dead rent is higher as
specified in Schedule-II;

1. Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012

2. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
4. Deleted by Rajasthan Gazette Extraordinary dated 28/01/2011
5. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
34
Rule 18(Cont.) Chapter – II

(16A) If any major mineral is discovered in the lease area, the lessee shall not win
and dispose of such mineral unless a separate lease of major mineral is
obtained or permission to dispose of such mineral is obtained from competent
authority on the terms and conditions prescribed by Government;]

(17) If the lessee intimates his intention not to work the newly discovered
mineral(s) or fails to report to work the newly discovered mineral(s) within a
period of three months from the date of discovery of new mineral then it shall
be open to the Government to grant a lease for the working of the same to any
other person, provided such working does not obstruct or interfere with the
working of existing lease;

(18) The lessee may surrender the lease at any time by giving an application in
writing to Mining Engineer / Assistant Mining Engineer, which shall be
accepted with immediate effect, provided there are no dues against the lessee
in respect of the lease. In case there are dues against the lessee, the surrender
of lease shall be accepted after 6 months of the date of notice but where only
one quarterly installment of dead rent is due against the lessee and where there
are no other breaches of the term of lease, the security of the lease shall be
adjusted against dues and surrender shall be accepted with immediate effect;
1
[Provided that where the mineral deposit is not economically workable, the
lessee may surrender a part of the lease area with immediate effect by
submitting an application to the Mining Engineer / Assistant Mining Engineer
which may be accepted by the competent authority subject to the following
conditions:

(a) The area retained shall be rectangular and contiguous in shape, length
being not more that 4 time the width;

(b) The extent of retained area shall not be less than the minimum prescribed
size of the plot fixed for the mineral for that area;

(c) There shall be no dues against the lessee;]

2
[Provided further that in case of mining lease for mineral bajri, part
surrender of lease area shall not be accepted;]
3
[(d) The protective, reclamation and rehabilitation work in accordance with
the approved mine closure plan / progressive mine closure plan or with
such modifications as approved by the competent authority have been
carried out by the lessee but it shall not be necessary if in intended area
to be surrendered no mining operation was carried out.]

1. Added by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Added by Rajasthan Gazette Extraordinary dated 25/05/2012
3. Added by Rajasthan Gazette Extra Ordinary dated 19/06/2012
35
Rule 18(Cont.) Chapter – II

(19) The lease shall be liable to be cancelled by the Director or Competent

authority if the lessee ceases to work the mine for a continues period of six
months without obtaining sanction of the Government;

(20) The Government or competent authority shall from time to time and at all
times during the term of lease have the right (to be exercised by notice, in
writing to the lessee.) of presumption of the said minerals (and all products
thereof) lying in or upon the said land hereby demised or elsewhere under the
control of the lessee and the lessee shall deliver all minerals or products to the
Government at current market rates in such quantities and in the manner and at
the place specified in the notice exercising the said right;

(21) (a) In case of any breach on the part of the lessee of any covenant or
condition contained in the lease, the competent authority may determine
the lease and take possession of the said premises and forfeit the
security money or in the alternative may impose payment of a penalty
not exceeding twice the amount of annual dead rent of the lease. Such
action shall not be taken unless the lessee has failed to remedy the
breach after serving of 15 days notice;

(b) The Government may also at any time after serving the aforesaid notice
enter upon the said premises and distain all or any of the minerals or
movable property therein and may carry away, distain or order the sale
of the property so distained or so much of it as will suffice for the
satisfaction of the rent or royalty due and all cost and expenses
occasioned by the non-payment thereof.

(22) (a) As soon as the lease is determined the lessee shall deliver up the said
premises and all mines (if any) dug therein in a proper and workable
state (save in respect of any working as to which the Government might
have sanctioned abandonment) to the Mining Engineer / Assistant
Mining Engineer having jurisdiction over the area or to any person
authorised by him;

(b) The mineral left on expiry of lease period or on determination of lease

or on surrender of lease shall be removed by the lessee with in 1[15
days] of the date of expiry or surrender or receipt of the order of
determination of lease;
2
[Provided that in case of mining lease of mineral bajri, the lessee shall
not have any right to remove any stock of bajri after the expiry of lease
period or receipt of the order of determination of lease;]

1. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012

2. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012
36
Rule 18(Cont.) Chapter – II

Provided that if the mineral is not removed within the aforesaid period
of 1[30] days the mineral shall belong to the State and the Mining
Engineer / Assistant Mining Engineer of the area may dispose it of
either by public auction, by beat of drum or by direct sale at the rate
prevalent in the adjacent area;
2
[(c) If on expiry or earlier determination of lease or after the date from
which any surrender of a part or parts of the said lease under the
provisions contained in clause (18) of this rule become effective, there
remain in or upon the said land or the surrendered part or parts thereof,
as the case may be, any engine, machinery, plant, structures, railways or
other works, erections and conveniences or other property which are
not required by the lessee in connection with his / their operations in
those parts of the said lands, they shall become the property of the
Government and may be sold or disposed of after a period of three
months from the date of expiry or surrender of part or whole of the
lease in such manner as the Government may deem fit without liability
to pay any compensation;]

(23) The Government may by six month’s prior notice in writing determine the
lease if the Government considers that the mineral under the lease is required
for establishing an industry beneficial to the public;

Provided that no such notice shall be necessary in the event of war or national
emergency;
3
(24) [ ];

(25) The Mining Engineer / Assistant Mining Engineer concerned may, by an order
in writing prohibit further mining or quarrying in the leased area, if in his
opinion such operation is likely to cause premature collapse of any part of the
workings or otherwise endanger the mine or quarry or the safety of persons
employed therein, or there is danger as regards to out break of fire or flooding
or such operations may cause damage to any property;

1. Substituted by Rajasthan Gazette Extraordinary dated 29/08/1996

2. Added by Rajasthan Gazette Extraordinary dated 29/08/1996
3. Deleted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
37
Rule 18(Cont.) Chapter – II

(26) The lessee / lessees shall not work or carry on or allowed to be worked or
carried on at any point within a distance of 45 meters from any railway line
except with the previous written permission of the Railway Administration
concerned or from any reservoir, canal or other public works or buildings or
inhabited site except with the previous permission of the Collector or any other
officer authorised by the Government in this behalf and otherwise than in
accordance with such instructions, restrictions and conditions either general or
special as may be attached to such permissions. The said distance of 45 meters
shall be measured in the case of railway, reservoir or canal horizontally from
the outer toe of the bank or the outer edge of the cutting as the case may be
and in case of a building horizontally from the plinth thereof;

Explanation: for the purpose of this clause:

(1) The expression Railway, Administration shall have the same meaning
as defined in the Indian Railway Act, 1890 by sub-section (4) of section
3 of that Act;

(2) “Public Road” shall mean a road which has been constructed or
artificially surfaced as distinct from a track resulting from repeated use
1
[:]
2
[Provided that in case of mining approach road, the safe distance
prohibiting mining activity shall be taken as 10 meter from the center of
the road on both sides.]

(27) If any area out of the leased area is declared as a protected area under the
Ancient Monuments Preservation Act, 1904 the lessee shall have to deliver the
possession back to the State Government without claiming any compensation
for the area;

(28) The lessee / lessees shall deliver to or permit to be taken by the representative
of the Government, a sample or samples of all rocks found on Mines or raised
there from and all intermediate and finished products sold or intended for sale
by the lessee / lessees;

(29) The Lessee / lessees shall abstain from entering upon the surface of any
occupied Government land or of any private land comprised within the leased
area without previously obtaining the consent of the occupant in writing;
3
[(30) The lessee / lessees shall inform the Mining Engineer / Assistant Mining
Engineer Concerned about opening any new quarry or depot in the leased area
within 7 days of doing so;]

1. Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012

2. Added by Rajasthan Gazette Extraordinary dated 02/11/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
38
Rule 18-18A Chapter – II
1
[(31) The competent authority may with the prior approval of the Government
impose such special conditions(s) as deemed necessary, in the interest of
mineral development;]
2
[(32) In case of mining lease of mineral bajri, the lessee / lessees shall abstain from
mining beyond depth of three meters from the surface and below the water
level of river / nallah and shall work in such a manner that natural flow path of
river / nallah is not altered;]

18A Lapsing of leases:-

(1) Subject to the other conditions of this rule where mining operations are not
commenced within two years from registration of the lease or is discontinued
for a continuous period of two years after commencement of such operations,
the Government shall, by an order, declare the mining lease as lapsed and
communicate the declaration to the lessee.

(2) Where a lessee is unable to commence the mining operation within a period of
two years from the date of registration of the lease, or discontinues mining
operations for period exceeding two years for reasons beyond his control, he
may submit an application to Mining Engineer / Assistant Mining Engineer
explaining reasons of the same at least three months before expiry of such
period.

(3) Every application under sub rule (2) shall be accompanied by a fee of
Rs. 3[5000/-.]

(4) The Government may on receipt of application made under sub rule (2) and on
being satisfied about the adequacy and genuineness of reasons for the non-
commencement of mining operations or discontinuance thereof, pass an order
before the date on which the lease would have otherwise lapsed, extending or
refusing to extend the period of the lease.

Provided that where the Government on receipt of an application under sub

rule (2) does not pass an order before the expiry of the date on which the lease
would have otherwise lapsed, the lease shall be deemed to have been extended
until the order is passed by the Government or until a period of one year,
whichever is earlier.

(5) Every application under sub rule (2) shall be entered in the register kept for
this purpose and a receipt shall be given to the applicant.

1. Added by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Added by Rajasthan Gazette Extraordinary dated 25/05/2012
3. Substituted by Government Notification dated 18/12/2004
39
Rule 18B-19 Chapter – II

18B Reviving of leases:-

(1) Where a lessee is unable to commence the mining operations within a period
of two years from the date of registration of the mining lease or discontinues
mining operations for a period exceeding two years for reasons beyond his
control, he may submit an application to the Mining Engineer / Assistant
Mining Engineer explaining reasons for the same at-least within six months
from the date of its lapse.

Provided that the lease shall not be revived under this provision for more than
twice during the entire period of lease.

(2) Every application under sub rule (1) shall be accompanied by a fee of
Rs. 1[10000/-].

(3) The application made under sub rule (1), shall be decided by the Government
on its merits.]]

19 Execution of Lease:-

(1) Where the lease has been granted or renewed under these rules the grantee
shall pay demarcation fee, get the area demarcated, 2[deposit the security,
performance guarantee] along with one quarterly installment of annual dead
rent and submit requisite stamps for execution of formal lease deed in form
No. 5 within 45 days from the date of receipt of order for grant.

(2) The lease dead shall be executed within 3 months from 3[the date of receipt of
order of grant] and the competent authority shall sign the agreement on behalf
of Governor of Rajasthan as required under Article 299 of the Constitution of
India.

(3) The lease deed shall be got registered by the grantee within a period of 2
months form the date of receipt of the lease deed from the Mining Engineer /
Assistant Mining Engineer for the purpose and shall be returned to the Mining
Engineer / Assistant Mining Engineer after registration within the said period.

(4) Where the grantee fails to comply with the provisions of sub-rule (1) above
within a period of 45 days from the date of receipt of the order for grant or he
fails to execute the lease within 3 months form the date of receipt of order for
grant or fails to return the registered lease documents within a period of 2
months provided under sub-rule (3) the order granting the lease may be
revoked and amount of security and dead rent deposited by him may be
forfeited.

1. Substituted by Government Notification dated 18/12/2004

2. Substituted by Government Notification dated 12/07/2013
3. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
40
Rule 19(Cont.) Chapter – II
1
[Provided that if the grantee completes the formalities mentioned in sub-rule
(1) before issue of revocation order in sub-rule (4), the competent authority
may allow for execution the agreement mentioned in sub-rule (2) subject to
payment of late fee @ 9% of annual dead rent for every month of delay or part
thereof.]

Provided 2[further] that where the authority competent to grant the lease is
satisfied that there are sufficient reasons to believe that the grantee is not
3
[responsible for the delay in the execution / registration of lease deed, he may
permit the execution / registration and return of the lease deed] 1[before issue
of revocation order in sub-rule (4).]
1
[Provided also that if the grantee returns registered lease deed before issue of
the revocation order under sub-rule (4), then sanction shall not be revoked, if
the grantee pay the late fee @ 9% of annual dead rent for every delay of a
month or part thereof within 15 days of submission.]

(5) When a mining lease is granted by the State Government or the competent
authority, arrangements shall be made at the expenses of the lessee for the
survey and demarcation of the area granted under the lease.

Provided that where the Mining Engineer / Assistant Mining Engineer

concerned feel it necessary to demarcate the area before issuing an order of
grant for mining lease, he may ask the applicant to deposit the demarcation
charges within time specified by him and get the area demarcated.

Provided further that if the applicant fails to comply with such order the
application for grant of mining lease shall be rejected.
4
[Provided also that the lessee, after demarcation of the granted area, shall
construct boundary pillars and maintain them throughout the period of lease.

Provided also that re-verification of boundary pillars shall also be carried out
on the request of the lessee but the expenses of the re-verification shall be
twice the amount of demarcation fee given in the Note below:]
5
[Note: Expenses for demarcation shall be:-

(a) Rs. 1000/- per Hectare or part thereof for area up to one hectare.

(b) Rs. 800/- per Hectare or part thereof for area more than 1 hectare but up
to 5 hectare.

1. Substituted by Government Notification dated 28/01/2011

2. Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994
3. Substituted by Rajasthan Gazette Extraordinary dated 24/03/2011
4. Added by Rajasthan Gazette Extraordinary dated 24/03/2011
5. Substituted by Government Notification dated 18/12/2004
41
Rule 19-20-21 Chapter – II

(c) Rs. 200/- per Hectare or part thereof for the area more than 5 hectares
subject to minimum Rs. 4000/- and maximum Rs. 20000/-]
1
[(6) Notwithstanding anything contained in sub-rule (4), where the execution /
registration of lease deed could not be performed due to objection raised by
District Collector or other authorities with no fault of the grantee, sanction
issued may be revoked by the competent authority after taking approval of
Director. In such case 2[security deposit, performance guarantee, advance
installment of dead rent and application fee deposited] by grantee shall be
refunded.]

20 Currency of lease:-

The currency of lease shall be from the date of execution of the lease agreement
unless otherwise stated. The execution shall include registration of the document also.
The lessee shall have no right to continue work on accumulate stock on or after the
date of termination of lease or its earlier determination, unless otherwise permitted by
the Government or the competent authority.
2
[21 Special provisions for grant of mining lease of mineral marble or granite.-

(1) Notwithstanding anything contained in these rules, mining lease of mineral

marble shall be granted by the following procedure, namely:-

(i) Mining lease for mineral marble shall be granted only in favour of such
applicant who undertakes to deploy the mine machinery prescribed in
sub-rule (3) of rule 21 of the Marble Development and Conservation
Rules, 2002, within a period of one year of registration of lease deed.
The affidavit in this regard shall be submitted by the applicant along
with the application form. If mine machinery has not been deployed
within the prescribed period of one year, authority who has granted the
lease may allow a further period of 6 months on payment of penalty
equal to fifty percent of annual dead rent.

(ii) 50% delineated plots to be allotted by way of lottery shall be

distributed for allotment to the following category of persons, as per
percentage mentioned against each category:-

1. Added by Rajasthan Gazette Extraordinary dated 25/05/2012

2. Substituted by Rajasthan Gazette Extraordinary dated 12/07/2013
42
Rule 21(Cont.) Chapter – II

(a) Persons who have installed marble gangsaw or automatic tiling 15%
plant in the State. The applicant shall submit satisfactory proof
of his capability in this regard along with the application form.
Allotment of such plots shall be made by the Director.
(b) Persons who undertake to invest a minimum of Rs. 10.00 crores 5%
for mechanization of mines and/ or installation of export
oriented unit / processing plant(s) in the State and undertake to
export at least 50% of the total product. The applicant shall
submit satisfactory proof of his capability in this regard along
with the application form. Allotment of such plots shall be made
by the State Government.
(c) Schedule Caste 7.5%
(d) Schedule Tribe 7.5%
(e) Other Backward Class 4%
(f) Special Backward Class 1%
(g) Unemployed graduates 3%
(h) Dependant of the Martyres of Defence Forces, Freedom fighters 2%
(i) General 5%

(iii) The size of plot granted under mining lease shall be 4.0 hectare but it
may be changed by the Director for reasons to be recorded in writing:

Provided that in case of khatedari land, mining lease to the khatedar

himself may be granted for an area equal to the extent of his land
holding but in no case less than 0.5 hectare.

Provided further that in case of gap area, where the size of plot / area
available for grant is up to 2.0 hectare it shall be granted by way of
tender to anyone adjoining lessee and the area so granted shall be
added in his existing lease. Gap area more than 2.0 hectare in size shall
be granted by way of open tender.

Provided also that for the grant of 30 meter wide strip to the existing
lessee as per the provisions of these rules, prior approval of Director
shall be obtained by the Competent Authority.

(iv) No person shall acquire area(s) exceeding 8 hectares in the entire State:

Provided that area acquired under mining lease through auction or

tender shall not be included in calculating the above limit of 8 hectares.

43
Rule 21(Cont.) Chapter – II

Provided further that where any person has installed in the State two
diamond gangsaws, capable of sawing marble block of 2.5 m x 1.5 m x
1.5 m or automatic tiling plants having main motor capacity of 150 HP
or more, an additional area of 4 hectare may be granted to him. For
each additional gangsaw or tiling plant an area of 4 hectare may be
granted subject to the maximum area of 20 hectare.

Provided also that an area up to 50.00 hectares may be granted by the

State Government to a person who has made an investment exceeding
Rs. 10.00 crores in mine mechanization or processing plant or has
taken effective steps for mechanization of mine and/or installation of
processing plants in the State.

Explanation: A person who has acquired land and has made at least
50% of the capital investment envisaged in installation of
gangsaw/tiling plant shall be deemed to have taken effective
steps for the installation of such plant(s).

Provided also that where mining lease(s) have already been granted,
for area(s) exceeding the aforesaid limits such lease(s), shall remain in
force.

(v) Mining lease granted under clause (ii) above, may be transferred to a
person belonging to the same category after expiry of five years from
the date of registration of lease deed.

(vi) Two or more existing mining leases may be amalgamated, to make an

area up to 28.00 hectares, to facilitate scientific and mechanised
mining.

(vii) Except otherwise provided in clause (i) to (vi) above, all other
provisions of these rules shall apply for grant of mining lease for
mineral marble.

(2) Notwithstanding anything contained in these rules, mining lease of mineral

granite shall be granted by the following procedure, namely:-

(i) Mining lease for mineral granite shall be granted only in favour of such
applicant who undertakes to deploy the mine machinery prescribed in
Annexure-1 appended to these rules, within a period of one year of
registration of lease deed. The affidavit in this regard shall be
submitted by the applicant along with the application form. If mine
machinery has not been deployed within the prescribed period of one
year, authority who has granted the lease may allow a further period of
6 months on payment of penalty equal to fifty percent of annual dead
rent.

44
Rule 21(Cont.) Chapter – II

(ii) 50% delineated plots to be allotted by way of lottery shall be

distributed for allotment to the following category of the persons, as
per percentage mentioned against each category:-

(a) Persons who have installed granite processing plant or circular 15%
saw in the State. The applicant shall submit satisfactory proof of
his capability in this regard along with the application form.
Allotment of such plots shall be made by the Director.
(b) Persons who undertake to invest a minimum of Rs. 10.00 crores 5%
for mechanization of mines and/ or installation of 100% export
oriented unit (E.O.U.) / processing plant(s) in the State and
undertake to export at least 50% of the total product. The
applicant shall submit satisfactory proof of his capability in this
regard along with the application. Allotment of such plots shall
be made by the State Government.
(c) Schedule Caste 7.5%
(d) Schedule Tribe 7.5%
(e) Other Backward Class 4%
(f) Special Backward Class 1%
(g) Unemployed graduates 3%
(h) Dependant of the Martyres of Defence Forces, Freedom fighters 2%
(i) General 5%

(iii) The size of plot granted under mining lease shall be 3.0 hectare but it
may be changed by the Director for reasons to be recorded in writing:

Provided that in case of khatedari land, mining lease to the khatedar

himself may be granted for an area equal to the extent of his land
holding but in no case less than 0.5 hectare.

Provided further that in case of gap area, where the size of plot / area
available for grant is up to 1.5 hectare it shall be granted by way of
tender to anyone adjoining lessee and the area so granted shall be
added in his existing lease. Gap area more than 1.5 hectare in size shall
be granted by way of open tender.

Provided also that for the grant of 30 meter wide strip to the existing
lessee as per the provisions of these rules, prior approval of Director
shall be obtained by the Competent Authority.

(iv) No person shall acquire area(s) exceeding 9 hectares in the entire State:

Provided that area acquired under mining lease through auction or

tender shall not be included in calculating the above limit of 9 hectares.

45
Rule 21-21A Chapter – II

Provided further that where any person has installed in the State
diamond gangsaw capable of sawing granite block of 2.5 m x 1.5 m x
1.5 m or diamond circular saw having main motor capacity of 100 HP
or more, an additional area of 6 hectares may be granted for each
gangsaw/circular saw subject to the maximum area of 33 hectares.

Provided also that an area up to 50.00 hectares may be granted by the

State Government to a person who has made an investment exceeding
Rs. 10.00 crores in mine mechanization or processing plant or has
taken effective steps for mechanization of mine and/ or installation of
processing plant(s) in the State.

Explanation: A person who has acquired land and has made at least
50% of the capital investment envisaged in installation of
diamond gangsaw/ diamond circular saw shall be deemed to
have taken effective steps for the installation of such plant(s).

Provided also that where mining lease(s) have already been granted for
area(s) exceeding the aforesaid limit (s), such lease(s) shall remain in
force.

(v) Mining lease granted under clause (ii) above, may be transferred to a
person belonging to the same category after expiry of five years from
the date of registration of lease deed.

(vi) Two or more existing mining leases may be amalgamated, to make an

area up to 50.00 hectares, to facilitate scientific and mechanised
mining.

(vii) Except otherwise provided in clause (i) to (vi) above, all other
provisions of these rules shall apply for grant of mining lease for
mineral granite.]
1
[21A Grant of minor mineral lease within the existing major mineral lease.-

(1) On discovery of Minor mineral within an existing Major mineral lease mining
lease of Minor mineral within the Major mineral lease may be granted if it is
possible to excavate minor mineral separately without affecting the mining of
major mineral.

(2) The lessee of major mineral may be considered for grant of two mining leases
of the size prescribed for that minor mineral on the condition that he / she give
a no objection certificate to the Government for allotment of rest area of
minor mineral as per the provisions of these rules:

1. Added by Rajasthan Gazette Extraordinary dated 12/07/2013

46
Rule 21A(Cont.) Chapter – II

Provided that in case of mineral marble the maximum limit of area for grant of
mining lease shall be as per provisions of sub-rule (1) of rule 21.

Provided further that if the major mineral lessee does not give his no objection
certificate or does not apply for mining leases of minor mineral after the
service of one month notice by Mining Engineer / Assistant Mining Engineer
concerned the area shall be allotted to other persons, as per the provisions of
these rules.

(3) The lessee of major mineral shall be liable to pay separate dead rent and
royalty in respect of the lease of minor mineral sanctioned to him within the
existing lease of major mineral as per Schedules appended to these rules.

(4) Transfer of mining lease for minor mineral sanctioned to a lessee of a major
mineral shall not be permitted. In case the lessee does not want to operate the
lease of minor mineral, it may be surrendered to the government and the area
so surrendered may be granted as per the provisions of these rules.

(5) In case the occurrence of major mineral is discovered while working for minor
mineral, the right to excavate such major mineral shall vest with the original
major mineral lessee and the minor mineral lease holder shall not have any
claim on the major mineral.]

47
 Rule 22 Chapter – III

CHAPTER - III

Grant of Quarry Licence

22 Restriction on grant of quarry licence:-

1
[(1) Restrictions for mining lease as provided in sub-rule (1),(2),(4),(5),(6),(8),(9),
(11) of rule 4 shall also apply for the grant of quarry licence.]
2
(2) [ ]
3
[(2a) No person shall be eligible for making application for quarry licence to be
granted by way of lottery who already holds two quarry licences in the
respective office.]
1
[(3) In Government land, the quarry licence shall be granted after the area is first
delineated, plots suitably numbered and a notification inviting application is
published in two daily news papers, at least one of which is state level and
other having wide publicity in the area where lease are being allotted. The
notification shall be published at least 15 days before the intended date of
inviting applications and shall contain the date or the period within which
applications shall be received. Out of these delineated plots the committee
constituted under sub-rule (3) of rule 23A shall reserve 50% of plots which
shall be allotted only by tender and the remaining 50% shall be allotted by way
of lottery to the following categories of persons as per percentage mentioned
against each category:-

1. Substituted by Rajasthan Gazette Extraordinary dated 03/04/2013

2. Deleted by Rajasthan Gazette Extraordinary dated 12/07/2013
3. Inserted by Rajasthan Gazette Extraordinary dated 03/04/2013
48
Rule 22(Cont.) Chapter – III

(i) Manual workers and widows of manual workers 5%

employed in mines, belonging to Scheduled Castes;
(ii) Manual workers and widows of manual workers 5%
employed in mines, belonging to Scheduled Tribes;
(iii) Manual workers and widows of manual workers 5%
employed in mines, belonging to Other Backward
Class / Special Backward Class;
(iv) Manual workers and widows of manual workers 15%
employed in mines other than Scheduled Castes /
Scheduled Castes / Other Backward Class / Special
Backward Class;
(v) Persons belonging to Schedule Caste; 5%
(vi) Persons belonging to Schedule Tribe; 5%
(vii) Persons belonging to Other Backward Class / Special 5%
Backward Class;
(viii) Persons identified as "Below Poverty Line"; 10%
(ix) Village artisans and land-less labour; 10%
(x) Freedom fighter/Ex-soldiers including members of 10%
para military forces belonging to Rajasthan, who have
been permanently incapacitated or dependents of those
who have died while in service;
(xi) Rajasthan State Government servants who have been 5%
permanently disabled while on duty or the dependents
of those who have died while in service;
(xii) Persons with disabilities (disabled persons) other than 5%
those covered in categories (x) & (xi) above;
(xiii) Societies of Unemployed youth of Rajasthan; and 10%
(xiv) Other applicants. 5%

(3a) Where two or more applications are received for a particular plot of quarry
licence, lottery shall be drawn for selecting one of them in the presence of at
least two members of the following committee:-

(i) Superintending Mining Engineer concerned,

(ii) MLA of the area,
(iii) Collector or his nominee, and
(iv) Mining Engineer concerned.

(3b) All applications of the applicants other than the applicant who is selected for
grant of quarry licence shall be deemed to have been rejected and application
fee in respect of such applications shall be forfeited.]

49
Rule 22-23 Chapter – III
1
[(4) All the applications for grant of quarry licence in Government Land received
and in which quarry licence has not been granted, except the applications
received as per the proviso to sub-rule (1) added by the Rajasthan Minor
Mineral Concession (Third Amendment) Rule, 2011 or as per the provisions of
rule 25 shall be rejected. The fee and security etc. deposited in respect of such
applications shall be refunded.]

23 Application for grant of quarry licence:-

(1) Every application for grant of quarry licence shall be submitted to the Mining
Engineer / Assistant Mining Engineer in Form No.1-C;
2
[Provided that the applications for grant of quarry licence by inviting tender
shall be submitted in Form No. 1-M;]

(2) Every application for grant of a quarry licence shall be accopanied by a fee of
3
[Rs. 5000/- for marble and sandstone, if area of sandstone quarry is 4 hectare
and above and Rs. 500/- for other minerals and sandstone if area of sandstone
quarry is less than 4 hectares] either in the form of Bank Draft / Treasury
Challan or in Cash at the office where application is submitted. 4[The
application fee shall not be refunded except in case where process of allotment
is cancelled by the order of the court or any authority.]

(3) Every application for a quarry licence shall be accompanied by an affidavit

duly sworn and admitted before a Notary Public or Oath Commissioner stating
as to which category out of those mentioned in rule 27, the applicant belongs.
5
[(4) Every Application for a quarry licence shall be accompanied by an attested
copy of no dues certificate from the Mining Engineer / Assistant Mining
Engineer concerned, if the applicant holds or has held any mineral concession.

Provided that a properly sworn affidavit stating that no dues are outstanding
shall suffice subject to the condition that the certificate required as above is
furnished within 60 days of the date of application failing which the
application shall become invalid.

Provided further that no dues certificate shall not be required where a person
has furnished an affidavit to the satisfaction of the Mining Engineer / Assistant
Mining Engineer stating that he does not or did not hold any type of mineral
concession.]

1. Substituted by Government Notification dated 03/04/2013

2. Added by Rajasthan Gazette Extraordinary dated 25/05/2012
3. Substituted by Government Notification dated 18/12/2004
4. Substituted by Rajasthan Gazette Extraordinary dated 14/02/2013
5. Added by Rajasthan Gazette Extraordinary dated 29/08/1996
50
Rule 23A Chapter – III
1
[23A. Procedure for grant of quarry licence by inviting tender.-

(1) Notice inviting tenders for quarry licence shall be published as provided in
sub-rule (1) of rule 22, at least 15 days before the date fixed for submission of
tender;

(2) Intending tenderer shall submit his application in Form No. 1-M as per the time
schedule given in the notice. Application form which is not dully filled or
enclosures, proof of deposit of earnest money and application fees not enclosed
shall not be considered;

(3) Tenders shall be opened in the office of the Mining Engineer / Assistant
Mining Engineer concerned in the presence of tenderers who are present, by
following committee, namely:-

(i) Superintending Mining Engineer concerned - Presiding Officer

(ii) Mining Engineer / Assistant Mining Engineer concerned
(iii) Accounts personnel nominated by the Additional Director (Mines)

(4) The Committee referred in sub-rule (3) shall select highest bidder among the
valid tenders, as selected tenderer;

(5) No tender below the reserve price shall be accepted by the Committee;

(6) Earnest money of tenderers other than selected tenderer shall be refunded after
declaration of result by the Committee;

(7) The selected tenderer shall deposit 25% of the tender amount within three days
of opening of tender, failing which earnest money shall be forfeited and
application shall be rejected;
2
[(8) On deposition of 25% tender amount as above, the selected tenderer shall be
issued letter of intent by the Mining Engineer / Assistant Mining Engineer
concerned requiring him to deposit remaining 75% of tender amount, security
equivalent to 25% of tender amount, submission of approved mining plan /
simplified mining scheme and such other documents which may be required
within six months or such period as may be allowed by the Superintending
Mining Engineer."

(9) If the provisions of sub-rule (8) shall not be complied with by the selected
tenderer, the 25% tender amount deposited by him as per sub-rule (7) shall be
forfeited and application shall be rejected;]

1. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012

2. Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012
51
Rule 24-25 Chapter – III

24 Register of quarry licence applications and quarry licences:-

(1) A register of quarry licence application shall be maintained in the office of the
concerned Mining Engineer / Assistant Mining Engineer in the Form No. 6.

(2) A register of quarry licences shall be maintained in the office of the concerned
Mining Engineer / Assistance Mining Engineer in the Form No. 7.

25 Area under quarry licence:-

In respect of a particular area and mineral deposit the dimension of each plot for the
purpose of grant of quarry licence shall be fixed by the Mining Engineer.

Provided that dimension of such plots shall not be smaller than 60 meters x 30
meters: 1[This limit shall however, not apply to the gap areas lying between two or
more quarry licence which are less than the minimum prescribed size.]
1
[Provided also that where the gap area available free for grant is 2[less than 0.25
hectare] and surrounded by three or more quarry licences or by forest boundary or
any other reserved land, such gap area shall be granted by auctions to any one of the
surrounding quarry licence and the same shall be added in his licence.

Provided also that where the gap area is 2[0.25 hectare or above], separate quarry
licence shall be granted by way of open auction after delineation and notification as
per the procedure provided in rule 22(1).]

Provided further that the dimension of one plot under such licence shall not exceed
400 m x 200 m for the marble and its associated minerals and 120m x 60m for any
other mineral.

Provided further also that where quarry licence is granted on a fixed annual licence
fee inclusive of royalty the dimension of such plots shall not exceed 10m x 10m.
3
[Provided also that 30 meter wide strip of Government land shall be kept reserved
around the existing quarry boundaries or licences for allotment to adjoining quarry
licensee to enhance quarry size for scientific and safe mining, The area of strip shall
be allotted on an application submitted by the licensee to the Mining Engineer /
Assistant Mining Engineer concerned, after considering its merit 4[ ] area of
strip may be added to his existing quarry licence. The existing licensee in whose
licence, the strip is added shall pay, premium equivalent to four times of rent of the
area to be added, in addition to rent as per rules.]

1. Substituted by Government Notification dated 10/10/2008

2. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
3. Added by Rajasthan Gazette Extraordinary dated 24/03/2011
4. Deleted by Rajasthan Gazette Extraordinary dated 02/11/2012
52
Rule 26 Chapter – III

26 Procedure for grant and renewal of quarry licence:-

(1) A quarry licence shall be granted by the Mining Engineer / Assistant Mining
Engineer in 1[Form No. 8 for a period which is not less than five years and
also not more than fifteen years;]
2
[Provided that the ending period of quarry license such granted shall be 31st
of March.

Provided further that the period of license of existing quarry licenses at the
commencement of these rules, may also be suitably extended to a period
which make their ending period to be 31st of March;]
3
[(2) A quarry licence may be renewed on submission of application to the Mining
Engineer / Assistant Mining Engineer along with Form No 1-K, for a period of
10 years.

(3) Where the competent authority is satisfied that the quarry has been worked
properly, subsequent renewal may also be granted to the licensee.

Provided that the maximum period including the period of original grant and
subsequent renewals of a quarry licence shall not exceed 90 years.

(4) The renewal application shall be accompanied by:

(a) a fee of Rs. 4[10000/-] in the form of DD / Challan, for Marble;

(b) a fee of Rs. 4[10000/-] in the form of DD / Challan, for Sandstone, if

area of Sandstone quarry is 4 hectare and above and Rs. 4[2000/-] for
Sandstone, if area of Sandstone quarry is less than 4 hectares;

(c) a fee of Rs. 4[2000/-] in the form of DD / Challan, for other minerals;

(d) licence fee applicable at the time of application for one year; and

(e) original licence of quarry.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012

2. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
4. Substituted by Rajasthan Gazette Extra Ordinary dated 05/08/2014
53
Rule 26-27A to 27E Chapter – III

(5) An application for renewal of quarry licence shall be submitted at least 30

days before the expiry of licence period.

Provided that in case the renewal application is not submitted 30 days before
the expiry of licence period, the licensee may submit the application for
renewal within a period of three months after expiry of licence period along
with a late fee @ 10% of the licence fee for delay of each period of one month
or part thereof.

(6) In case renewal application is not submitted even after three months of expiry
of licence period, licence may be terminated.

(7) In case licensee submits renewal application after issue of notice under sub-
rule (6) but before termination of licence, licence may be renewed, subject to
an additional late fee of 15% of the annual licence fee for delay of each period
of one month or part thereof after the expiry of three months of licence period
till the date of application.]
1
27 [ ]
1
27A [ ]
1
27B [ ]
1
27C [ ]
1
27D [ ]

27E Demarcation of quarry licence area:-

2
[(1) When a quarry licence is granted by the State Government or the Competent
authority, arrangements shall be made at the expenses of the licensee for the
survey and demarcation of the area granted under the licence.

1. Deleted by Rajasthan Gazette Extraordinary dated 03/04/2013

2. Inserted by Rajasthan Gazette Extraordinary dated 24/03/2011
54
Rule 27E-28 Chapter – III

Provided that where the Mining Engineer / Assistant Mining Engineer

concerned feel it necessary to demarcate the area before issuing an order of
grant for quarry licence, he may ask the applicant to deposit the demarcation
charges within time specified by him and get the area demarcated.

Provided further that if the applicant fails to comply with such order the
application for grant of quarry licence shall be rejected.

Provided also that the licensee, after demarcation of the granted area, shall
construct boundary pillars and maintain them throughout the period of licence.

Provided also that re-verification of boundary pillar shall also be carried out on
the request of the licensee but the expenses of the re-verification shall be twice
the amount of demarcation fee given in the note below.

Note : Expenses for demarcation shall be-

(a) Rs. 500/- per Hectare or part thereof for area up to one Hectare.
(b) Rs. 800/- per Hectare or part thereof for area more than one hectare but
up to 5 hectare.
(c) Rs. 200/- per Hectare or part thereof for the area more than 5 hectares
subject to minimum Rs. 4,000/- and maximum Rs. 20,000/-.]

28 Licence fee, security etc. for quarry licence:-

(1) The Licence fee for a quarry licence shall be between 1[Rs. 1,000/- to
Rs. 2,00,000] per annum as may be fixed by the Mining Engineer 2[from time
to time]. The licence fee shall be paid annually in advance 3[ ] provided
that if the period of licence is less than one year at the time of initial grant as
provided in rule 26 (1) proportionate amount of licence fee for the calendar
months during which the licence remained in force shall be charged in the first
year.
2
[provided that such licence fee once fixed shall not be revised more than once
during any period of 3 years.]

(2) Every licensee shall deposit a security which shall be equivalent to 25% of the
annual licence fee with the Mining Engineer / Assistant Mining Engineer
along with the licence fee, at the time of grant for due observance of the terms
and conditions of the licence.

1. Substituted by Government Notification dated 18/12/2004

2. Inserted by Rajasthan Gazette Extraordinary dated 10/12/1987
3. Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996
55
Rule 28-29 Chapter – III

Provided that security amount shall be refunded to the licensee on termination

of the licence after deducting dues against the licensee, if any.

(3) The licensee or his agent, contractor, assignee, transporter etc. shall pay, in
addition to the licence fee royalty at Departmental 'Naka' or to the Royalty
Collection Contractor as the case may be in accordance with the Schedule-I.
1
[Provided that the licence fee inclusive of royalty shall be Rs. 1,000/- per
month in respect of areas which do not measure more than 10 X 10 meters in
size. Amount of licence fee shall be payable annually in advance on the date
specified by the Mining Engineer / Assistant Mining Engineer.]
2
[Provided further that such licence fee inclusive of royalty shall not be revised
more than once during any period of 3 years.]

29 Conditions of quarry licence:-

(1) The licensee shall have the liberty at all times during the period of the licence
in respect of the plot / land for which licence is sanctioned to enter upon the
area and to mine, bore, dig, drill, win work, stock, dress, process, convert,
carry away and dispose of the said mineral subject to the following
conditions:-

(a) The licensee or his agent, contractor assignee, transporter etc. shall pay
royalty on the quantity of the said mineral despatched from the said
quarry at the rate specified in the Schedule-I to the Government or any
royalty collection contractor appointed by the Government in this
behalf.

(b) The licensee shall pay annual licence fee in advance to the Government
on or before such date as specified by Mining Engineer / Assistant
Mining Engineer. If the licence fee is not paid on the due date, the same
shall be recoverable along with a penalty equivalent to 10% of the
licence fee 3[up to a period of 3 months from the due date of payment.
Failing which licence may be terminated after giving a 15 days notice.]

(c) The licensee shall deposit a sum equal to 25% of the annual licence fee
as security for the observance of the terms and conditions of the
licence.

(d) The licensee shall pay such amount per year or part thereof to the
Government for removal of dump from the quarry at such rate and at
such time as may be fixed by Government from time to time.

1. Substituted by Government Notification dated 18/12/2004

2. Inserted by Rajasthan Gazette Extraordinary dated 10/12/1987
3. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
56
Rule 29(Cont.) Chapter – III
1
[(dd) The licencee shall give notice of commencement of any mining
operation to the authorities as per section 16 of the Mines Act, 1952
and also to the Mining Engineer / Assistant Mining Engineer concerned
at least one month before the commencement of any mining operation;]

(e) The licensee shall start work in the quarry within 2[two months] of the
grant of licence and shall thereafter continue to work effectively in a
proper skillful and workman like manner, both as regards conservation
of mineral and as regards removal of all valuable minerals from within
the mines.

(f) The licensee shall maintain and at all times keep in repair boundary pillars
at the corners of the quarry according to the demarcation approved by
the Mining Engineer / Assistant Mining Engineer.

(g) The licensee shall abide by the instructions of the Mining Engineer /
Assistant Mining Engineer regarding the working of the quarry,
removal of waste, drainage and other matter connected with the
systematic development and working of the quarry.

(h) The licensee shall make reasonable satisfaction and pay such compensation
as may be assessed by lawful authority in accordance with the law or
rules or order in force on the subject for all damages, injuries or
disturbances which may be done by him and shall indemnify and keep
indemnified fully and completely the Government against all such
damage, injury or disturbances and all costs and expenses in connection
therewith; and

(i) The licensee shall without any delay report to the Director, Mining
Engineer / Assistant Mining Engineer any accident which may occur at
or in the said premises and also the discovery on or within any of the
lands or mines demised by the licence of any mineral not specified in
the licence.

(2) The licence may be cancelled by Mining Engineer / Assistant Mining Engineer
without giving any notice if the licensee fails to start work at the said quarry or
does not work it for a continues period of 3 months without obtaining his prior
approval. However the Mining Engineer / Assistant Mining Engineer may
refuse for such approval for reasons to be recorded.

(3) The mineral left on the expiry of licence period or cancellation of licence shall
be removed by the licensee within 15 days of the expiry of licence or receipt
of the order of cancellation of licence.

1. Inserted by Rajasthan Gazette Extraordinary dated 16/05/2016

2. Substituted by Rajasthan Gazette Extraordinary dated 16/05/2016
57
Rule 29(Cont.) Chapter – III
1
[(4) The licensee may apply for acceptance of surrender of the quarry licence at
any time by giving an application in writing to Mining Engineer/Assistant
Mining Engineer at least 15 days before the intended date of surrender. The
Mining Engineer/ Assistant Mining Engineer shall accept the surrender if the
licensee has carried out the protective, reclamation and rehabilitation work in
accordance with the approved mine closure plan or with such modifications as
approved by the competent authority but it shall not be necessary if in intended
area to be surrendered no mining operation was carried out. The amount of
licence fee for the balance period of the licence shall not be refunded but the
security amount deposited by the licensee shall be refunded;]

(5) The Mining Engineer may enhance or reduce the licence fee in respect of any
particular area of block provided that the enhancement of licence fee shall not
be made before a period of 3 years from any such previous enhancement.

(6). The State Government may by a notification in the official Gazette amend
from time to time the First Schedule so as to enhance or reduce the rate at
which royalty shall be payable in respect of any mineral provided that any
enhancement in the rate of royalty for a mineral shall not be made before a
period of 3 years of any such previous enhancement. Provided further that this
rule shall not be applicable in the case where licence is granted on a fixed
annual licence fee inclusive of royalty.
2
(7) [The licensee shall confine his workings within the limits of the plot allotted
to him and shall not undertake mining outside his plot. In case the licensee is
found working outside the boundary of his allotted plot, the licence may be
cancelled by the Mining Engineer / Assistant Mining Engineer.

Provided that no such action shall be taken against the licensee without giving
him an opportunity of being heard.

(8) The licensee shall not obstruct approach to the adjoining licensee. In case of
any dispute about the approach road, directions of the Mining Engineer /
Assistant Mining Engineer shall be final and binding.]
3
[(9) The licensee shall not work and carry on or allowed to be worked or carried on
at any point within a distance of 45 meters from any National and State
Highway. The said distance of 45 meters shall be measured from the outer toe
of the road. In case of roads other than National and State Highways, the safe
distance of 15 meter from the centre of the road on both sides shall be
maintained by the licensee 4[:]]

1. Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012

2. Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994
3. Added by Rajasthan Gazette Extraordinary dated 28/01/2011
4. Substituted by Rajasthan Gazette Extra Ordinary dated 02/11/2012
58
Rule 29-30-31 Chapter – III
1
[Provided that in case of mining road, safe distance maintained by the
licensee shall be 10 meter from the center of the road on both the sides.]
2
[(10) The licensee shall take all necessary measures to ensure health and safety of
labours employed in the quarry and shall comply with all the provisions of law
time being in force.

(11) The licensee shall maintain and keep ready for inspection, daily attendance
register of labours employed in the quarry, in the Performa as prescribed in the
Mines Rules, 1955. He shall also furnish a list of labours, along with their
addresses, employed by him in the preceding quarter to the Mining Engineer
and concerned district level officer of the Labour Department, Government of
Rajasthan within 7 days at the end of each quarter.]

30 Cancellation of licence:-

(1) The licensee shall abide by all terms and conditions of licence.

Provided that the Mining Engineer / Assistant Mining Engineer incharge of the
area may issue directions in respect of Mining methods, removal and disposal
or over burden, stacking of minerals, payment of royalties and other connected
matters.

(2) If the licensee commits breach of any terms of licence or any provision of the
rules or fails to comply with the directions given by the Mining Engineer /
Assistant Mining Engineer within the period specified by him the competent
authority may after giving 15 days notice to remedy the breach or to comply
the directions, impose penalty not exceeding 2[ Rs. 10000/-] or in the
alternative may cancel the licence with forfeiture of security deposits and
licence fee for the remaining period of the licence.

31 Transfer of quarry licenses:-

(1) A quarry licence may be transferred with prior approval of the competent
authority after a period of one year from its commencement to a person
belonging to the same category as that of the licence, on payment of a transfer
fee of 3[Rs. 5,000/- for marble and sandstone, if area of sandstone quarry is 4
hectare and above, and Rs. 2,000/- for other minerals and sandstone, if area of
sandstone quarry is less than 4 hectares.]

Provided that transfer of a quarry licence shall not be allowed where the
quarry has not been worked.
4
(2) [An application for transfer of quarry licence shall be disposed of by the
competent authority.]

1. Added by Rajasthan Gazette Extraordinary dated 02/11/2012

2. Added by Rajasthan Gazette Extraordinary dated 14/10/2011
3. Substituted by Government Notification dated 18/12/2004
4. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
59
Rule 31A Chapter – III
1
[31A Special provisions for grant of quarry licence of mineral marble.-

Notwithstanding anything contained in these rules, for grant of quarry licence

for mineral marble the provisions of rule 21A shall apply.]

1. Added by Rajasthan Gazette Extraordinary dated 12/07/2013

60
Rule 32 Chapter – IV

CHAPTER - IV

Grant of 1[Royalty Collection Contract / Excess Royalty Collection

Contract with or without collection of Permit fee / other charges]
and Mining Lease by auction or tender

32 Grant of Royalty Collection Contract:-

1
[Royalty collection contract / Excess Royalty Collection Contract with or without
collection of permit fee/other charges]:-
1
(1) [Royalty collection contract / Excess Royalty Collection Contract with or
without collection of permit fee / other charges] may be 2[granted by auction,
tender, e-auction or e-tender] only in respect of such area and mineral as the
Director may by a general or special order, direct.
1
(2) [Royalty collection contract / Excess Royalty Collection Contract with or
without collection of permit fee / other charges] may be granted by the
competent authority 2[by auction, tender, e-auction or e-tender] for a
maximum period of two years.

Provided that where it is necessary to do so, the period of contract may be

further extended 2[for a period up to 90 days or till new contract comes into
force, whichever is earlier] by the competent authority with the prior approval
of the Director and with the consent of contractor 1[and a rider agreement shall
be executed before expiry of the original contract.]
1
[Provided further that where it is necessary to do so, the period of contract
may be further extended by the Government and a rider agreement shall be
executed before expiry of the contract.]
3
[Provided also that the extension of contract period shall be subject to the
condition that the contractor shall pay 10% increased amount of the existing
annual contract amount or the contract amount fixed by the Director keeping
in view, the mineral despatch from the area concerned or the annual contract
amount at which next contract comes into force, whichever is higher, for the
period of extension. The security amount and Bank Guarantee for extended
period shall remain the same as deposited by the contractor during the original
contract period and shall not be refunded or adjusted in the dues or
installments of the contract till next contract comes into force.]

1. Inserted / Added / Substituted / Deleted by Rajasthan Gazette Extraordinary dated

27/03/2003
2. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
3. Added by Rajasthan Gazette Extraordinary dated 28/01/2011
61
Rule 32(Cont.) Chapter – IV

(3) The amount to be paid annually by the contractor to the Government shall be
determined in 1[auction or e-auction or by tender or e-tender to be submitted]
for acceptance by the authority competent to grant the contract.
2
[Provided that in case of enhancement or reduction in the rate of royalty given
in the schedule-I or permit fee / other charges, the royalty collection contractor
shall be liable to pay an increased or reduced amount of contract money,
security amount and guarantee amount in proportion to the enhancement or
reduction for the remaining period of contract from the date of such
enhancement or reduction, as the case may be.

Provided further that on enhancement or reduction in the rate of royalty, the

excess royalty collection contractor shall be liable to pay an enhanced or
reduced amount of contract money, security amount and guarantee amount
calculated according to the following formula:-

Revised contract amount = [(Existing Contract amount + Total existing dead

rent) x new royalty rate / existing royalty rate - Total existing dead rent.]]
3
[ ]
3
(4) [Only contractors registered with the Department as per norms and procedure
laid down by the State Government from time to time shall be eligible to offer
bid in auction or submit tender for collection or royalty / excess royalty /
permit fee / other charges.]

Provided that no registration is required for the contracts having reserve price
up to 1[Rs. 10.00 lacs.]
4
[Provided further that it shall be compulsory for the existing royalty and / or
excess royalty collection contractor to renew his registration, in case the same
expires during the tenure of such contract.]
5
(5) [ ]

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Substituted by Government Notification dated 15/11/2010
3. Inserted / Added / Substituted / Deleted by Rajasthan Gazette Extraordinary dated
27/03/2003
4. Added by Rajasthan Gazette Extraordinary dated 28/01/2011
5. Deleted by Rajasthan Gazette Extraordinary dated 28/01/2011
62
Rule 32A Chapter – IV
1
[32A Registration of Contractor:-

(1) Any person may apply for registration as contractor. The application for
registration or its renewal shall be made in Form No. 1-J to any Zonal Office
of the Additional Director (Mines). The registration shall be renewed by the
same Zonal Officer by whom registration certificate was issued.

(2) The competent authority for fresh registration or renewal shall be Zonal
Officer i.e. Additional Director (Mines).

(3) Every application made under sub-rule (1) for registration or its renewal shall
be accompanied by:

(a) a fee (non- refundable) in cash or demand draft in favour of the

competent authority, minimum net worth certificate and security
amount as shown below:-

Class of Application Reserve price Minimum Net worth (Security

Contractor fee (in Rs.) (in Rs) (certificate issued by amount
application Charted Accountant on (Rs. in
parameters mentioned in Lacs)
rule 3(d) (Rs. in Lacs)
A 10000.00 Any amount 50.00 2.00
above 100.00
lacs
B 5000.00 Above 50.00 10.00 1.00
lacs and up to
100.00 lacs
C 2000.00 Above 10.00 5.0 0.50
lacs and up to
50.00 Lacs

(b) a valid no dues certificate issued from Assistant Mining Engineer /

Mining Engineer concerned, if an applicant remained as contractor /
mining lessee / quarry licensee or having a contract / mining lease /
quarry licence in his favour or in the name of his family members;

(c) a properly sworn affidavit stating that no dues of the Department is

outstanding against the applicant or his family members, partners of the
firm, directors of the private limited company or members of
association of persons, as the case may be;

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

63
Rule 32A(Cont.) Chapter – IV

(d) a net worth certificate issued by a Charted Accountant. Net worth

certificate shall be issued on the basis of his profit and loss account /
turnover / assessed income as per income tax returns etc. Self attested
copies of these documents shall be enclosed alongwith net worth
certificate;

(e) copy of all relevant documents mentioned in Chartered Accountant

certificate to explain its title;

(f) power of attorney in favour of a person, executed by a firm or

association of persons and in case of a company resolution passed by
the company, who is signing and submitting the application, if an
applicant is a firm / company / association of persons;

(g) a properly sworn affidavit stating details regarding contract (s) / mining
lease(s) / quarry licence(s) held in the name of the applicant or his
family members;

(h) security amount in the form of a Fixed Deposit Receipt of a

Nationalized / Scheduled bank or National Saving Certificate of amount
as per clause (a). Fixed Deposit Receipt / National Saving Certificate
shall be in the name of Additional Director (Mines) and made from the
account of contractor to be registered.

(4) In case of the auction or tender for mining lease, no registration shall be
required to participate in auction or tender.

(5) The application made under sub-rule (1) shall be disposed by the competent
authority within 15 days from the date of receipt of application. The competent
authority may refuse to issue registration certificate to an applicant after
recording reasons and same shall be communicated in writing to the applicant.

(6) The contractor shall be registered with the Department for maximum two
calendar years only, including the year in which he applies for the registration,
irrespective of the date of application.

(7) The application for renewal of registration, as per sub-rule (1) shall be
submitted to the competent authority before the date of expiry of registration.
If an application is complete in all respect as per sub-rule (3) and past
performance of the applicant as bidder / tenderer / contractor is satisfactory,
the competent authority may renew the registration for further period of two
years ending on 31st December.

(8) In case any information furnished by the applicant is found incorrect, at any
time, the competent authority may cancel the registration and forfeit the
security amount after giving 15 days notice to the contractor.

64
Rule 32-33 Chapter – IV

(9) If the contractor is debarred from participating in future contracts or is

blacklisted under these rules, registration may be cancelled and the security
shall be forfeited, after giving 15 days notice.]
1
[33 Presiding Officer:-

(1) In case of auction irrespective of reserve price, the Superintending Mining

Engineer concerned or an Officer nominated by Director Mines & Geology
shall be the Presiding Officer for auction for grant of mining lease and for
royalty / excess royalty / permit fee / other charges collection contract in his
jurisdiction and he may reject or accept any bid without assigning any reason
to the bidders.

Provided that auction for grant of mining lease and for royalty collection
contract / excess royalty collection contract with or without collection of
permit fee / other charges shall be held in the office of Superintending
2
[Mining Engineer concerned or in the office as the Director may permit in
specific cases.]

(2) In case of Tender-

(a) Tenders for grant of 2[royalty collection] contract / excess royalty

collection contract with or without collection of permit fee / other
charges having reserve price up to 2[Rs. 1.00 Crore] shall be received in
the office of Assistant Mining Engineer / Mining Engineer / and
Superintending Mining Engineer concerned simultaneously. Tenders
received shall be opened in the office of Superintending Mining
Engineer concerned in the presence of following committee.

1 Superintending Mining Engineer Concerned (Presiding Officer);

2 Mining Engineer / Assistant Mining Engineer Concerned; and

3 Assistant Accounts Officer / Accounts Officer / Any other officer

Nominated by Director of Mines & Geology.

Provided that in case where office of Superintending Mining Engineer,

Mining Engineer and Assistant Mining Engineer is situated in the same
premises, tenders shall be received only in the office of Superintending
Mining Engineer concerned or as per the direction of Director of Mines
& Geology.

1. Inserted / Added / Substituted / Deleted by Rajasthan Gazette Extraordinary dated

27/03/2003
2. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
65
Rule 33(Cont.) Chapter – IV

(b) Tenders for 1[grant of royalty collection] contract / excess royalty

collection contract with or without collection of permit fee / other
charges having reserve price more than 1[Rs. 1.00 Crore and upto
Rs 10.00 Crore] shall be received in the office of Assistant Mining
Engineer / Mining Engineer, Superintending Mining Engineer and
Additional Director Mines concerned simultaneously. Tenders received
shall be opened in the office of Additional Director Mines concerned in
the presence of following committee:-

1. Additional Director Mines (Presiding Officer);

2. Superintending Mining Engineer; and

3. Accounts Officer / Financial Advisor / Any other officer nominated

by Director Mines & Geology.

Provided that in case where office of Additional Director Mines,

Superintending Mining Engineer, Mining Engineer and Assistant
Mining Engineer is situated in the same premises, tenders shall be
received only in office of Additional Director Mines concerned or as
per the direction of Director Mines & Geology.

(c) Tenders for 1[grant of royalty collection] contract / excess royalty

collection contract with or without collection of permit fee / other
charges having reserve price more than 1[Rs. 10.00 Crore] shall be
received in the office of Additional Director (Mines) concerned and in
the office of Directorate simultaneously. Tenders received shall be
opened in the Directorate in the office of Additional Director (Mines-
Hqrs.) in the presence of following committee:-

1. Additional Director Mines –Hqrs. (Presiding Officer);

2. Superintending Mining Engineer concerned; and

3. Financial Advisor / Accounts Officer / Any other officer nominated

by Director of Mines & Geology.]

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

66
Rule 33-33A Chapter – IV
1
[(d) Tenders for grant of mining lease shall be received in the office of
Superintending Mining Engineer concerned and shall be opened in the
office of Superintending Mining Engineer concerned in the presence of
following committee:-

(1) Superintending Mining Engineer concerned;

(2) Mining Engineer / Assistant Mining Engineer concerned; and

(3) Any officer or official nominated by the concerned Additional

Director (Mines).]
2
[33A Reserve Price:-

(1) Reserve Price for new contracts to be granted for first time or to be granted
with revised area shall be evaluated by the concerned Assistant Mining
Engineer / Mining Engineer keeping in view the following points:-

(a) Physical quantities of mineral produced and dispatched from the area;

(b) Last year’s collection of royalty from that area;

(c) Expected increase in revenue in the proposed contract period due to

increased demand of mineral; and

(d) Any other relevant matter about the area.

(2) The approval of reserve price for new contract up to Rs. 1.00 Crore shall be
given by the concerned Additional Director (Mines) and above Rs. 1.00 Crore
by the Director.

(3) For existing contracts the reserve price for next contract shall be 10% higher
then existing annual contract amount and in this respect no approval shall be
required.

Provided that the total area of two or more existing contracts for the
same mineral may be combined into one contract area and in such case the
reserve price shall be 10% higher than the total existing annual contract
amount of all the contracts to be amalgamated.

(4) In case if it is necessary to revise the existing reserve price of any contract for
future contract, it shall be done with the prior approval of the concerned
Additional Director Mines up to Rs.1 Crore and from Director for more than
Rs.1 Crore.

1. Added by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
67
Rule 33A-33B Chapter – IV

(5) In case of mining lease 1[reserve price shall be fixed by Superintending

Mining Engineer which shall not be less than the amount equal to existing
dead rent for the area to be allotted.]]
2
[33B Security:-

(1) The Security deposit for the royalty and / or excess royalty collection contracts
shall be 10% of the bid / tender amount. The earnest money deposited by the
provisionally selected bidder / tenderer shall be automatically converted into
security amount of the contract on provisional selection of the bidder /
tenderer.

Provided that the excess amount of earnest money over and above 10% of the
annual bid / tender amount, if any, shall be adjusted in the monthly / quarterly
installments as the case may be.

(2) Provisionally selected bidder / tenderer may replace the security amount
demand drafts / banker’s cheque by Fixed Deposit Receipts of any
Nationalized / Scheduled bank drawn in favour of the concerned Mining
Engineer / Assistant Mining Engineer. Such Fixed Deposit Receipts shall be
made from the bank account of the provisionally selected bidder / tenderer and
valid for a period of at least 2 years, before the execution of the contract. In
such case the earnest money shall be adjusted against monthly / quarterly
installments of the contract as the case may be.

(3) The security shall be refunded by the competent authority, within 30 days of
the completion of the contract, if the contract is completed without any lapse
on part of the contractor.

(4) The security deposited for mining lease shall be in accordance with rule 14 of
these rules.

(5) The contractor shall pay difference amount of security in proportion to the
enhancement of contract amount due to change in rate of royalty or increase in
permit fee /other charges.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012

2. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011
68
Rule 33C-33D Chapter – IV

33C Guarantee:-

(1) The bidder / tenderer for the royalty and / or excess royalty collection contract
in whose favour contract has been sanctioned by the competent authority, shall
submit guarantee for due performance of the contract in the form of Bank
Guarantee / Fixed Deposit Receipt of any Nationalized / Scheduled Bank or
National Saving Certificate valid for at least 3 years and equal to 15% of
annual contract amount in favour of the concerned Mining Engineer /
Assistant Mining Engineer before execution of the contract. Guarantee shall be
adjusted against Departmental dues of the contractor on expiry or cancellation
of the contract, if any, otherwise it shall be refunded to him by the competent
authority within 30 days of the completion of the contract.

(2) The Guarantee for mining lease shall be in accordance with rule 14-A of these
rules.

(3) The contractor shall submit Guarantee for difference amount in proportion to
the enhancement of contract amount due to change in rate of royalty or
increase in permit fee / other charges.

33D Bid / Tender amount:-

(1) The bidder / tenderer for the mining lease or royalty and / or excess royalty
collection contracts in whose favour contract has been sanctioned by the
competent authority, shall deposit bid / tender amount before execution of the
lease / contract as the case may be, as follows:-

(i) If the yearly bid / tender amount does not exceed Rs.10 Lacs, 25% of
the bid / tender amount shall be deposited as first quarterly installment.
Remaining quarterly installments shall be deposited in advance on the
dates specified in the agreement. In case, due date is a Government
holiday then the due date shall be the next working day;

(ii) If the yearly bid / tender amount exceed Rs.10 Lacs, it shall be
recovered in equal monthly installments but the first installment shall
be deposited before execution of the agreement. The remaining monthly
installments shall be deposited in advance on the dates specified in the
agreement. In case, due date is Government holiday then the due date
shall be the next working day.

(2) The monthly / quarterly installment shall be paid in advance before the due
date. In case the monthly / quarterly installment is not deposited upto the due
date then interest shall be payable @ 15% per annum from the due date on
unpaid amount.

69
Rule 33D-34 Chapter – IV

(3) In case contractor fails to deposit monthly / quarterly installments on due date,
the concerned Mining Engineer / Assistant Mining Engineer may cancel the
contract with forfeiture of the security amount. Such action shall not be taken
without giving a 15 days show cause notice to the contractor.
1
[(4) Where mining lease is granted through auction or tender, 25% of the bid /
tender amount shall be deposited within three days of provisional selection of
bidder / tenderer, remaining 75% amount shall be deposited before execution
of lease deed. If the bidder / tenderer fails to deposit 25% amount within time,
mentioned above the earnest money deposited by him shall be forfeited and if
he fails to deposit 75% amount as mentioned above, the 25% amount
deposited by him shall be forfeited and application shall be rejected.]
2
[34 Procedure for auction:-

The following shall be the procedure for holding auction of mining lease 3[under
sub-rule (1) of rule 7] and for royalty collection contract / excess royalty
collection contract with or without collection of permit fee / other charges under
rule 32 of these rules:-

(i) Notice for auction shall be published by the Superintending Mining Engineer
or any other officer authorized by the Director, in one daily newspaper having
wide circulation in the State. The notice shall also be published in one
newspaper having wide circulation in the locality nearest to the area in
question. Such notification shall be published at least 15 days before the date
of auction indicating the place, date and time of auction.

Provided that in case date of auction is declared holiday by the Government

then the auction shall be conducted on the next working day.

(ii) A copy of such notification for wide publicity shall be

displayed on Departmental web site as well as on the notice board of
concerned Additional Director (Mines) / Superintending Mining Engineer /
Mining Engineer / Assistant Mining Engineer offices. A copy of such
notification shall also be sent to the Panchayat Samities or Municipal Boards
having jurisdiction over the area in question.

(iii) The terms and conditions as approved by the Director and particulars of the
royalty and / or excess royalty collection contract or mining lease shall be
affixed on the notice board in the office of Superintending Mining Engineer,
Mining Engineer / Assistant Mining Engineer concerned and shall also be read
out to the intending bidders at the time of auction and their signatures or
thumb impressions shall be obtained in token thereof.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012

2. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
3. Substituted by Rajasthan Gazette Extra Ordinary dated 12/07/2013
70
Rule 34(Cont.) Chapter – IV

(iv) The terms and conditions of the contract / mining lease shall also be made
available to intending tenderers on payment of Rs.10/-.

(v) The intending bidder shall be allowed to participate in the auction on the
following conditions:-

(A) The intending bidder for royalty and / or excess royalty collection
contract shall submit form No. 1-F and for mining leases form No.1-G
appended to these rules, before participating in auction.

(B) The bidder shall submit an attested copy of registration of contractor as

provided in Rule 32(4) for royalty collection contract / excess royalty
collection contract.
1
[(BB) In case of bid for grant of mining lease, bidder shall submit non
refundable application fees as prescribed in rule 5 in the form of
Treasury Challan or Demand Draft / Banker's Cheque drawn in favour
of Assistant Mining Engineer / Mining Engineer concerned.]

(C) The bidder shall submit an affidavit stating that no dues of the
Department are out standing against the bidder / all partners of the firm
/ all directors of the company or family members of the bidder /
partners / directors, as the case may be along with the form. Such
affidavit should not be older than 15 days from the date of its
submission.

(D) The bidder shall submit power of attorney in case of partnership firm /
association of persons and resolution of board of directors in case of
company along with the form 1-F or 1-G as the case may be.

(E) Where the intending bidder fails to enclose all or any one of the
documents as per sub clause (B) to (D) above along with form, in such
case he / she shall not be allowed to participate in the auction.

(F) The bidder shall deposit the earnest money as mentioned below in the
form of Demand Draft or Banker’s Cheque drawn in favour of the
Assistant Mining Engineer / Mining Engineer concerned or in any other
mode as notified by the Government from time to time:

1. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012

71
Rule 34(Cont.) Chapter – IV

(a) For bid up to Rs. 1 Lac 10,000/-

(b) For bid above Rs.1 Lac & up to 50,000/-
Rs.5 Lacs
(c) For bid above Rs. 5 Lacs & up 1,00,000/-
to Rs. 10 Lacs
(d) For bid above Rs.10 Lacs 1,00,000/- + one Lac for
each additional bid of
Rs.10 Lacs or part thereof.

Provided that no interest shall be paid by the Government on the earnest

money deposited as above.

(G) In case the intending bidder does not sign or put thumb impression as
per clause (iii) or fails to deposit earnest money as mentioned in sub-
clause (F), shall not be allowed to offer the bid.

(vi) On completion of auction, the presiding officer shall declare the highest bidder
as provisionally selected bidder and the earnest money deposited by the
bidders other than the provisionally selected bidder shall be refunded
immediately.

(vii) The competent authority shall take decision for sanction or rejection of the
provisionally selected bid and no bid shall be regarded as accepted unless
competent authority issues sanction for the same.

(viii) No bid for mining lease or royalty and / or excess royalty collection contract
below reserve price shall be accepted by the presiding officer.

(ix) Misbehaviors by any person during auction may be punished by his removal or
if necessary by debarring him for a period up to three years for any future
auction / tender under these rules at the discretion of presiding officer.

(x) After provisional selection if any dues of the Department is found outstanding
against bidder / partners of the firm / directors of the company or family
members of the bidder / partners / directors, in such case his bid shall be
rejected / sanction shall be revoked with forfeiture of earnest money / security
deposited as the case may be, by the competent authority without further
notice and the advance installment deposited, if any, shall be adjusted against
such dues.]

72
Rule 35 Chapter – IV
1
[35 Procedure for Tender:-

The following shall be the procedure for inviting the tenders for mining lease 2[under
sub-rule (1) of rule 7] and for royalty collection contract / excess royalty collection
contract with or without collection of permit fee or other charges under rule 32 of
these rules:-

(i) Notice for inviting tenders shall be published by the Superintending Mining
Engineer or any other officer authorized by the Director, in one daily news
paper having wide circulation in the State. The notice shall also be published
in one newspaper having wide circulation in the locality nearest to the area in
question. Such notification shall be published at least 15 days before the date
on which tenders are to be received indicating the place / places, date and time.

Provided that where no tender is received or received below reserve price, the
tender shall be invited afresh and notification in such cases shall be published
at least seven days before the date on which tenders are to be received as
mentioned above.

Provided further that in case date of receiving tender is a holiday, declared by

Government, then the tender shall be received on the next working day.

(ii) A copy of such notification for wide publicity shall be displayed on

Departmental web site as well as on the notice board of concerned Additional
Director (Mines) / Superintending Mining Engineer / Mining Engineer /
Assistant Mining Engineer offices. A copy of such notification shall also be
sent to the Panchayat Samities or Municipal Boards having jurisdiction over
the area in question.

(iii) The terms and conditions as approved by the Director and particulars of the
mining lease or royalty and / or excess royalty collection contract shall be
affixed on the notice board in the office of concerned Superintending Mining
Engineer and Mining Engineer / Assistant Mining Engineer and shall also be
made available to intending tenderers on payment of Rs.10/-.

(iv) Tender for royalty and / or excess royalty collection contract shall be
submitted in form No. 1-H and for mining lease in form No. 1-I appended to
these rules in sealed cover super scribed with relevant details of the royalty
and / or excess royalty collection contract or the mining lease, as the case may
be.

(v) Tenders dropped in tender box kept at the notified place / places, date and time
shall only be considered for provisional selection by tender opening committee
and for award of contract by competent authority.

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Substituted by Rajasthan Gazette Extra Ordinary dated 12/07/2013
73
Rule 35(Cont.) Chapter – IV

(vi) Every tender shall be accompanied by:

(a) earnest money equal to 10% of yearly tender amount in the form of
Demand Draft or Banker’s Cheque drawn in favour of the Assistant
Mining Engineer / Mining Engineer concerned or in any other mode as
notified by the Government from time to time.

Provided that no interest shall be paid by the Government on the earnest

money deposited as above.
1
[(aa) a non refundable application fees as prescribed in rule 5 in the form of
Treasury Challan or Demand Draft / Banker's Cheque drawn in favour
of Assistant Mining Engineer / Mining Engineer concerned in case of
tender for grant of mining lease.]

(b) an attested copy of registration of contractor as provided in sub-rule (4)

of rule 32 for royalty collection contract / excess royalty collection
contract.

(c) an affidavit stating that no dues of the Department are outstanding

against the tenderer / all partners of the firm / all members of
association of persons / all directors of the company or family members
of the tenderer / partners / members of association of persons /
directors, as the case may be. Such affidavit should not be older than 15
days from the date of its submission.

(d) power of attorney in case the tenderer is a partnership firm / association

of persons and resolution of board of Directors in case of company as
the case may be.
2
[(d-i) In case of mining lease, an affidavit stating that the tenderer has not
committed any offence of illegal mining and illegal mineral dispatch in
last five years.

(d-ii) A copy of PAN Card.

(d-iii) A copy of address proof.]

(e) in case tenderer fails to enclose all or any one of the documents as per
sub clause 3[(a), (aa) and (b)] above alongwith tender form, his tender
shall be treated as invalid and shall not be considered by the tender
opening committee.

1. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012

2. Inserted by Rajasthan Gazette Extraordinary dated 02/11/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 01/01/2013
74
Rule 35(Cont.) Chapter – IV

(f) tender document shall be signed by proprietor in case of individual

tenderer, all the partners of the firm / all the members of association of
persons or power of attorney holder of all the partners of the firm / all
the members of association of persons in case of firm / association of
persons and authorized person of the company by the resolution in case
of company as the case may be. Tender document signed by a person
other than mentioned above shall be treated as invalid and shall not be
considered by tender opening committee.

(vii) Annual tender amount shall be written clearly in figures and words separately
and in case of any discrepancy, amount written in words shall be considered
only.

(viii) The tenders shall be opened in the presence of tenderers who are present at the
notified place, date and time.

(ix) The tender opening committee shall select the highest valid tenderer as
provisionally selected tenderer and presiding officer shall declare the same.

(x) The earnest money, deposited by the tenderers other than the provisionally
selected tenderer shall be refunded immediately after the declaration of the
provisionally selected tenderer 1[:]
2
[Provided that in the interest of government revenue, if the tender opening
committee find any technical deficiency 3[other than sub-clause (a), (aa) and
(b)] of clause (vi) in the tender form or enclosures, the earnest money of the
provisionally selected tenderer shall be forfeited, if he fails to submit
deficiencies pointed out by the committee within three working days from the
date of opening of the tender.]

(xi) No tender for mining lease or royalty / excess royalty collection contract
below reserve price shall be selected by tender opening committee or accepted
by the competent authority.

(xii) The competent authority shall take decision for sanction or rejection, of the
provisionally selected tender and no tender shall be regarded as accepted
unless competent authority issues sanction for the same.

1. Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012

2. Added by Rajasthan Gazette Extraordinary dated 02/11/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 01/01/2013
75
Rule 35(Cont.) Chapter – IV

(xiii) Misbehavior by any person during the course of offering tender can be
punished by rejection of his tender or, if necessary by debarring him for a
period of three years from the date of offering tender in future under these
rules.

(xiv) Notwithstanding anything given above, the Director, Mines and Geology can
invite tenders in two separate envelopes i.e. Technical and Financial. In such a
case the financial bids shall be opened only in case of those bidders who are
technically suitable.]

76
Rule 35A-36-37 Chapter – IV
1
[35A Procedure for e-auction / e-tender:-

Director Mines and Geology shall issue detailed guidelines regarding the procedure
for e-auction / e-tender. The guidelines so issued shall not be in consistent with the
provisions of the rules.]

36 Register of Mining lease granted by auction or tenders:-

A register of mining leases granted by auction or by inviting tenders shall be

maintained in the office of Mining Engineer / Assistant Mining Engineer for their
respective jurisdiction in Form No. 9.
2
[37 Execution of contract:-

(1) When a bid / tender for mining lease is accepted by the competent authority,
the bidder / tenderer shall execute the lease deed as per the provisions and
procedure laid down in rule 19.

(2) Where the royalty and / or excess royalty collection contract has been
sanctioned, the grantee shall submit Guarantee and bid / tender amount as per
rule 33C and 33D respectively within 15 days from the date of sanction.

(3) When a bid / tender for royalty collection contract and / or excess royalty
collection contract has been sanctioned by the competent authority, the bidder
/ tenderer shall execute an agreement in form No.10 within a period of fifteen
days from the date of sanction. The terms and conditions included in the
notification issued under rule 34 or 35 shall be treated as part of the
agreement.

(4) Where the bidder / tenderer fails to comply with the provisions of sub-rule (2)
or fails to execute the agreement within the prescribed time limit, the order of
sanction shall be revoked and the amount deposited as security under rule 33B
shall be forfeited and fresh auction shall be conducted or tenders shall be
invited as the case may be.

Provided that in case all requisite formalities have been completed by the
bidder / tenderer within fifteen days from the date of sanction and agreement
could not be executed with no fault of bidder / tenderer in such case, Director
may extend the period of execution with reasons to be recorded in writing.

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
77
Rule 37-37A Chapter – IV

Provided further that before revocation of sanction if the contractor after

completing the formalities as per sub rule (2) applies in writing for execution
of contract enclosing a Demand Draft / Bankers Cheque amounting 9% of
yearly bid / tender amount for delay of every one month or part thereof as
penalty, the period of execution can be extended by the Director. The delay
shall be calculated after 15 days of sanction.

(5) The contract agreement shall be signed by the competent authority on behalf
of the Governor of Rajasthan as required under the provision of Article 299 of
the Constitution of India.]
1
[(6) Where the sanction in respect of royalty collection contract / excess royalty
collection contract is revoked as per sub-rule (4), such bidder / tenderer shall
be debarred for taking part in next two bids / tenders invited in future for the
same area.]
1
[37A Conditions of royalty collection contract and / or excess royalty collection
contract:-

The following conditions shall be included in every royalty collection contract and /
or excess royalty collection contract and if they are not so included shall be deemed
to have been included therein, namely:-

(i) The contractor shall make his own arrangements for collection of royalty.

(ii) The contractor shall arrange to print royalty receipt books in form No. 12A /
12 B, as the case may be, at his own expenses and get stamped from the
concerned Assistant Mining Engineer / Mining Engineer office.

(iii) The contractor shall collect the royalty near mining leases / at the quarry
mouth and if the royalty is not collected near mining leases / at the quarry
mouth then at any other place near the lease / quarry but within the jurisdiction
of contract area.

1. Added by Rajasthan Gazette Extraordinary dated 25/05/2012

2. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011
78
Rule 37A(Cont.) Chapter – IV

Provided that such place shall be fixed after prior approval in writing from the
concerned Mining Engineer / Assistant Mining Engineer. Such permission
shall be given by the Mining Engineer / Assistant Mining Engineer on an
application made by the contractor with a payment of Rs. 1,000/- (non-
refundable) for every place for which permission is required. The Mining
Engineer / Assistant Mining Engineer may refuse to grant permission for
reasons to be recorded for any particular place, applied by the contractor.

(iv) The contractor shall issue printed receipts duly stamped and issued by the
concerned Mining Engineer / Assistant Mining Engineer in form No. 12A /
12B, as the case may be, for the amount of royalty / excess royalty / permit fee
/ other charges collected for every despatch of the said mineral and shall fill all
the columns of the receipt. The contractor shall, give first copy of receipt to
the incharge of the vehicle, submit second copy of the receipt to the concerned
Mining Engineer / Assistant Mining Engineer alongwith monthly statement
and retain third copy with him.

(v) In case of excess royalty collection contract, the contractor shall collect
amount only from such vehicles having valid rawannas issued by Mining
Engineer / Assistant Mining Engineer concerned to the lessee in form No. 12.
The contractor shall retain second copy of the rawannas with him and return
first copy after stamping to vehicle owner. The contractor shall deposit second
copy of rawanna with second copy of receipt issued by him with monthly
statement in Form No.11-D to the concerned Mining Engineer / Assistant
Mining Engineer.

(vi) The contractor shall not recover any royalty from the vehicles having royalty
paid Departmental rawannas issued against yearly dead rent. However, upon
weighment if any quantity of mineral is found in excess of weight mentioned
in such rawanna, contractor may recover the royalty of such difference weight.

(vii) In case the mineral specified in the contract is used by the State Government
Departments themselves under a valid short term permit granted by concerned
Assistant Mining Engineer / Mining Engineer, the contractor shall not charge
any royalty from such permit holders, if the mineral is excavated from lands
other than working pits of a lessee or licensee.

(viii) Separate short term permit under rule 63 shall be issued to the contractors of
the various Works Departments of the State or Central Government /
Autonomous bodies by the concerned Assistant Mining Engineer / Mining
Engineer. The royalty and / or permit fee received by the Department from
such works shall not be adjusted against the contract amount and the
contractor shall not recover royalty and / or permit fee from such short term
permit holders.

79
Rule 37A(Cont.) Chapter – IV
1
[(viii-a) The contractor shall not recover any royalty for the overburden. The
Department shall issue separate permit for dispatch of such overburden under
rule 63A.]

(ix) The contractor shall not recover royalty and / or permit fee from the minerals
used in construction / renewal of Mega Highways / Four / Six lane roads, lying
and repair of Railway Tracks. For construction / repair of such works separate
short term permit shall be issued and if the mineral / minerals are obtained
from existing leases, separate paid rawanna for the aforesaid purpose shall be
issued by the concerned Assistant Mining Engineer / Mining Engineer to the
lessee. Royalty / Excess royalty and / or permit fee received from such works
shall not be adjusted against the contract amount.

(x) No royalty shall be charged on the minor minerals removed by a Tenant from
the areas which are not working pits of a lessee or licensee as provided in rule
58 of these rules.

(xi) The contractor shall not recover any royalty and / or permit fee from the
minerals used in Famine Works.

(xii) The royalty shall be collected on the despatch of minor minerals from the area,
specified in the contract, during the contract period and not on minor minerals
brought from outside the contract area or from the major mineral leases.

(xiii) The contractor shall submit monthly statement of excess royalty collection and
royalty and / or permit fee collection in the Form No. 11-D and 11-E
respectively within 15 days from the month end.

(xiv) In case it is found that the contractor is recovering the royalty in excess of the
actual royalty calculated as per the mineral quantity under transit or recover
permit fee in excess of prescribed rates, the contract shall be terminated after
giving 15 days notice and the contractor may be blacklisted or debarred for
further royalty collection contract or excess royalty collection contract for a
period of next three years and excess amount so collected shall be recovered
from the contractor.

(xv) The contractor shall not have any other right regarding leases / quarries in the
contract area except realization of royalty / permit fee / other charges
mentioned in the contract for the actual weight of the mineral transported at
the scheduled rates for which contract has been awarded on behalf of the
Government.

1. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012

80
Rule 37A(Cont.) Chapter – IV
1
(xvi) [Cancellation / surrender of leases / quarry licences or sanctioning of new
leases / quarry licences or revision of dead rent of existing leases or temporary
/ permanent closure of leases / quarry licences by Government / Court or due
to any other reason in the area concerned shall not have any impact on yearly
contract amount.]

(xvii) The Contractor shall pay the installment of contract money according to the
stipulations laid down in the contract and if any amount is not paid on due date
it shall be collected as an arrears of land revenue and an interest @ 15% shall
be charged from due date irrespective of any other action being taken for
cancellation of contract or imposition of penalty under relevant rules.

(xviii) The contractor shall not transfer the contract as a whole or in part and shall
also not grant any sub-contract to or in the name of any other person.

(xix) In case of default in the due observance of the terms and conditions of the
contract, the contract may be terminated by the Assistant Mining Engineer /
Mining Engineer after giving 15 days notice with forfeiture of security deposit
or may impose penalty not exceeding security amount.

(xx) The contract may be terminated by the State Government if considered by it to

be in public interest, after giving 15 days notice.

(xxi) Contractor shall issue Photo Identity Card duly singed and stamped by the
concerned Mining Engineer / Assistant Mining Engineer to all Nakedars or
persons employed by him for royalty collection. For this purpose the
contractor shall submit list of Nakedars / persons to be engaged for royalty
collection alongwith Photo Identity Card and a fee of Rs.100/- for each card to
the concerned Mining Engineer / Assistant Mining Engineer. Such identity
cards shall be valid during the currency of the contract only. All the Nakedar /
persons collecting royalty shall keep the identity card with them during
collection of royalty.

(xxii) No conditional tender shall be accepted.

(xxiii) The Contractor shall abide by the orders and instructions issued by the
Government or any officer of the Department and shall also abide by all other
terms and conditions of these rules.]

1. Substituted by Rajasthan Gazette Extraordinary dated 24/03/2011

81
Rule 37B-37C Chapter – IVA

1
[CHAPTER-IVA

Systematic, Scientific and Environment Friendly Mining

37B. Mining Plan as a pre-requisite to the grant of mining lease, quarry licence or
short term permit.-
2
(1) [No quarry licence having area more than 1 hectare and mining lease shall be
granted] unless there is a mining plan duly approved by the competent
authority.
3
(2) [ ]
2
(3) [No quarry licence having area one hectare or less / short term permit] of an
area up to one hectare shall be granted unless there is a simplified mining
scheme duly approved by the competent authority.

(4) For the renewal of any mining lease / quarry licence having an area more than
one hectare the lessee / licensee shall submit a mining plan duly approved by
the competent authority.

(5) For renewal of a mining lease / quarry licence for an area up to one hectare,
the lessee / licensee shall submit a simplified mining scheme duly approved by
the competent authority.

37C. Mining plan / Simplified Mining Scheme to be prepared by a recognised

person.-

(1) No mining plan / 2[simplified mining scheme as required in sub-rule (1), (4)
and (5) of rule 37B] shall be approved unless it is prepared by a recognised
person.

(2) No person shall be recognised for preparation of mining plan / simplified

mining scheme unless he holds,-

(i) a degree in mining engineering or a post-graduate degree in geology

granted by a University established or incorporated by or under a
Central Act, a Provincial Act or a State Act, including any institutions
recognised by the University Grants Commission established under
section 4 of the University Grants Commission Act, 1956 or any
equivalent qualification granted by any University or institution outside
India and have a professional experience of two years of working in a
supervisory capacity in the field of mining after obtaining a degree; or

1. Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012

2. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
3. Deleted by Rajasthan Gazette Extraordinary dated 09/10/2012
82
Rule37C-37D-37E Chapter – IVA

(ii) three years full time diploma certificate in mining engineering awarded
by the State Technical Education Boards and have a professional
experience of five years of working in a supervisory capacity in the
field of mining after obtaining diploma.

(3) A person recognised to prepare a mining plan / simplified mining scheme may
also carry out modification of the existing mining plan / scheme.

37D. Grant of recognition by State Government.-

(1) Any person possessing the qualifications and experience required under sub-
rule (2) of rule 37C may apply along with a non-refundable fee of Rs.10,000/-,
for recognition to the Director or any officer authorised by the Director in this
behalf.

(2) The Director or any officer authorised by the Director in this behalf, after
making such enquiry as it deems fit, may grant or refuse to grant recognition.
Where recognition is refused, the authority shall record reasons of refusal in
writing and communicate the same to the applicant.

(3) The recognition shall be granted for an initial period of five years and may be
renewed for further periods not exceeding five years at a time. The Director or
any officer authorised by the Director in this behalf, may refuse to renew
recognition for reasons to be recorded in writing after giving an opportunity of
hearing to the person concerned.

37E. Submission and approval of mining plan / simplified mining scheme.-

On receipt of the application for grant of mining lease, quarry licence or short
term permit the competent authority shall take decision to grant precise area
and communicate such decision to the applicant and on receipt of such
communication of the precise area to be granted, the applicant shall submit to
the competent authority a mining plan / simplified mining scheme, as the case
may be, along with a non-refundable fee of Rs. 2,000/- within a period of three
months from the date on which such communication is received or such other
period as may be allowed by the competent authority for approval. The said
mining plan / simplified mining scheme shall incorporate:-

(i) the plan of the precise area showing the nature and extent of the
mineral deposit, spot or spots where the excavation is to be done in the
first year and its extent, a detailed cross-section and detailed plan of
spots of excavation based on the prospecting data gathered by the
applicant and a tentative scheme of mining for the first five years of the
lease / licence / short term permit;

83
Rule 37E-37F Chapter – IVA

(ii) details of the geology and lithology of the precise area including
mineral reserves of the area;

(iii) the extent of manual mining or mining by the use of machinery and
mechanical devices on the precise area;

(iv) the plan of the precise area showing natural water courses, limits of
reserved and other forest areas and density of trees, if any, assessment
of impact of mining activity on forest, land surface and environment
including air and water pollution, details of scheme for restoration of
the area by afforestation, land reclamation, use of pollution control
devices and of such other measures as may be directed by the
Government from time to time;

(v) annual programme and plan for excavation on the precise area from
year to year for five years;

(vi) progressive mine closure plan if the mining plan is for the area
exceeding one hectare; and

(vii) any other matter which the Director or any officer so authorised may
require the applicant to provide in the mining plan / simplified mining
scheme.

37F. Modification of the approved Mining Plan / Simplified Mining Scheme.-

(1) The competent authority may require the holder of a mining lease / quarry
licence or short term permit to make such modifications in the mining plan /
simplified mining scheme referred to in rule 37B or impose such conditions as
it may considers necessary by an order in writing if such modifications or
imposition of conditions are considered necessary in the light of the
experience of operation of mining plan / simplified mining scheme or in view
of the change in the technological development.

(2) A holder of a mining lease / quarry licence / short term permit, desirous of
seeking modifications in the approved mining plan / simplified mining scheme
as are considered expedient, in the interest of safe and scientific mining,
conservation of mineral, or for the protection of environment, shall apply
along with a non-refundable fee of Rs. 1,000/- to the competent authority,
setting forth the intended modifications and explaining the reasons for the
same.

(3) The competent authority may approve the modifications under sub-rule (2) or
approve with such alterations as it may consider expedient.

84
Rule 37G Chapter – IVA

37G. Mining plan / simplified mining scheme to be submitted by the existing lessee /
licensee / short term permit holder.-

(1) In case of existing mining lease / quarry licence / short term permit which are
having area more than one hectare granted before the commencement of the
Rajasthan Minor Mineral Concession (Second Amendment) Rules, 2012,
without an approved mining plan, the holder of such mining lease / quarry
licence / short term permit shall submit a mining plan along with a non-
refundable fee of Rs. 2,000/- within a period of one year from the date of
commencement of the Rajasthan Minor Mineral Concession (Second
Amendment) Rules, 2012, to the competent authority for its approval.

(2) In case of existing mining lease / quarry licence / short term permit having
area up to one hectare, the lessee / licensee / short term permit holder shall
submit a simplified mining scheme along with a non-refundable fee of
Rs. 1,000/- within a period of one year from the date of commencement of the
Rajasthan Minor Mineral Concession (Second Amendment) Rules, 2012, to
competent authority for its approval.

(3) If a holder of a lease / licence / short term permit has not been able to submit
the mining plan or simplified mining scheme within the time specified in sub-
rule (1) or sub-rule (2), as the case may be, for reasons beyond his control, he
may apply to the competent authority for extension of time stating the reasons
of delay.

(4) The competent authority on receipt of an application submitted under sub-rule

(3) may, on being satisfied, extend the period, for submission of the mining
plan or simplified mining scheme, which may not exceed one year.

(5) The competent authority may approve the mining plan or simplified mining
scheme submitted by the lessee / licensee / short term permit holder, or may
require modifications to be carried out in the mining plan or scheme and the
lessee / licensee / short term permit holder shall carry out such modifications
and resubmit the modified mining plan or scheme as the case may be, for
approval to the competent authority.

(6) The competent authority shall within a period of ninety days from the date of
receipt of the mining plan or simplified mining scheme or the modified plan or
scheme, convey his approval or disapproval to the applicant. In case of
disapproval, the competent authority shall convey in writing the reasons for
disapproving the said mining plan or mining scheme or the modified mining
plan or scheme.

(7) If no decision is conveyed within the period stipulated under sub-rule (6), the
mining plan or simplified mining scheme or the modified mining plan or
scheme, as the case may be, shall be deemed to have been provisionally
approved and such approval shall be subject to the final decision whenever
communicated.
85
Rule 37H-37I Chapter – IVA

37H. Review of mining plan / simplified mining scheme.-

(1) Every mining plan / simplified mining scheme duly approved under these rules
shall be valid for the entire duration of the lease / licence / short term permit.

(2) The owner, agent, mining engineer or manager of every mine or quarry shall
review the mining plan / scheme as referred to in sub-rule (1) and submit a
scheme of mining for the next five years of the lease / licence / short term
permit to the competent authority for approval.

(3) Every scheme of mining submitted under sub-rule (2) shall be prepared by a
recognized person.

(4) The scheme of mining shall be submitted to the concerned authority at least
120 days before the expiry of the five years’ period, for which it was approved
on the last occasion:

Provided that the mining operations by the lessee / licensee / short term permit
holder shall not be carried out or allowed to be carried out till the approval of
scheme of mining, if the same is not submitted for approval within aforesaid
time.

(5) The competent authority shall convey his approval or refusal to the scheme of
mining within ninety days from the date of its receipt.

(6) If approval or refusal of the scheme of mining is not conveyed to the holder of
the lease / licence / short term permit within the stipulated period, the scheme
of mining shall be deemed to have been provisionally approved and such
approval shall be subject to final decision whenever communicated.

37I. Mining operations to be in accordance with mining plan / simplified mining

scheme.-

(1) Every holder of a lease / licence / short term permit shall carry out mining
operations in accordance with the approved mining plan / simplified mining
scheme with such conditions as may have been imposed under sub-rule (1) of
rule 37F or with such modifications, if any, as approved under sub-rule (3) of
rule 37F or in accordance with the mining plan / simplified mining scheme or
the scheme of mining submitted or approved under rule 37B or 37G or 37H, as
the case may be.

(2) If the mining operations are not carried out in accordance with the mining plan
/ simplified mining scheme as referred to under sub-rule (1), Mining Engineer
/ Assistant Mining Engineer concerned may pass an order for suspension of all
or any of the mining operations and permit continuance of only such
operations as may be necessary to restore the conditions in the quarry or mine
as envisaged under the said mining plan / simplified mining scheme.

86
Rule 37J Chapter – IVA

37J. Financial assurance.-

1
[(1) Financial Assurance has to be furnished by every mining lease / quarry licence /
short term permit holder. The amount of financial assurance shall be as follows,-
2
[(i) for quarry licences having rupees fifteen thousand per hectare or
area more than 0.3 hectare part thereof used in mining and allied
and all mining leases activities. (The above amount shall be
enhanced with the increase in the area of
mining and allied activities.)
(ii) in case of quarry licenses rupees five thousand]
having area between 0.1
hectare to 0.3 hectare and
for short term permits
3
[ ]

Provided that the amount of financial assurance shall not be more than
rupees 30 lacs.
Provided further that financial assurance shall not be required for the
permits granted under rule 58 and rule 63-A and in case of short term
permit granted to contractors if the total quantity each minerals as per the
work order for which short term permit is obtained is not more than
5,000 Tonnes.]
(2) The financial assurance shall be submitted in the form of fix deposit receipt
from any Scheduled Bank.
(3) The lessee / licensee / short term permit holder shall have to submit the
financial assurance to competent authority, before issue of sanction. In case of
existing mining lease / quarry licence / short term permit, the lessee / licensee /
short term permit holder shall submit the financial assurance within three
months of date of commencement of the Rajasthan Minor Mineral Concession
(Second Amendment) Rules, 2012.
(4) Release of financial assurance shall be effective upon the application given by
the lessee / licensee / short term permit holder for the satisfactory compliance
of the provisions contained in the mine closure plan and certified by the
Mining Engineer / Assistant Mining Engineer concerned:
Provided that the financial assurance shall be released by the order of
Superintending Mining Engineer concerned.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 01/01/2013

2. Substituted by Rajasthan Gazette Extra Ordinary dated 12/07/2013
3. Deleted by Rajasthan Gazette Extra Ordinary dated 12/07/2013
87
Rule 37J-37K-37L-37M Chapter – IVA

(5) If the Mining Engineer / Assistant Mining Engineer concerned has reasonable
grounds for believing that the protective, reclamation and rehabilitation
measures as envisaged in the approved mine closure plan in respect of which
financial assurance was given has not been or shall not be carried out in
accordance with the mine closure plan, either fully or partially, the Mining
Engineer / Assistant Mining Engineer concerned shall give the lessee /
licensee / short term permit holder a written notice of his intention to issue the
orders for forfeiting the amount of financial assurance along with interest
accrued thereon at least thirty days prior to the date of the order to be issued.

(6) Within thirty days of the receipt of notice referred to in sub-rule (5), if no
satisfactory reply has been received in writing from the lessee / licensee / short
term permit holder, the Mining Engineer / Assistant Mining Engineer
concerned shall pass an order for forfeiting the financial assurance amount
along with the interest accrued thereon.

(7) Upon the issuance of order referred to in sub-rule (6), the Mining Engineer /
Assistant Mining Engineer concerned may realise the amount of financial
assurance together with the interest accrued thereon for the purpose of
performance of protective, reclamation, rehabilitation measures and shall carry
out those measures.

37K. Mining operations.-

The mining operations shall be carried out in such a manner so as to ensure

systematic development, conservation of mineral deposits and protection of
environment.

37L. System of working.-

(1) System of working in mining lease / quarry licence / short term permit shall be
performed by formation of benches.

(2) Such benches in mineral and overburden including weathered mineral shall be
formed separately and the benches in overburden or weathered mineral shall
be kept sufficiently in advance so that their working does not interfere with the
working of mineral.

(3) In order to ensure optimum production with minimum waste generation, every
lease / licence / short term permit holder shall endeavour to deploy machinery
and equipment as per mining plan / simplified mining scheme.

37M. Separate stacking of non-saleable mineral.-

(1) The non-saleable mineral rejects at quarry or mine bottom shall regularly be
collected and transported to the surface and the quarry or mine floor kept
reasonably clear of debris.

88
Rule 37M-37N Chapter – IVA

(2) Small lumps of mineral shall, as far as possible, be segregated from the dumps
and stored separately for future use.

(3) The ground selected for dumping of top soil, overburden, waste material or
non-saleable mineral shall be away from workings of quarry or mine.

(4) Before starting mining or quarrying operations, conceptual ultimate limits of

the quarry or mine shall be determined and dumping ground shall be so
selected that dumping is not carried out within the limits of the ultimate size of
the quarry or mine except where simultaneous back filling is proposed.

37N. Employment of Qualified persons.-

(1) For the purpose of carrying out mining operations in accordance with these
rules, every holder of a mining lease / quarry licence / short term permit holder
shall employ:-

(i) a whole-time mining engineer or the person possessing IInd Class Mine
Manager's Certificate of Competency issued by Director General of
Mines Safety, where mining operations are carried out by deployment
of heavy mining machinery for deep hole drilling, excavation, loading
and transport, or where the average employment exceeds one hundred
per day or in case area of mining lease / quarry licence / short term
permit is 25 hectare or more.

(ii) in case of any other mine, a person having diploma in mining with two
years’ experience in mining operations or the person possessing
foreman's certificate of competency issued by the Director General of
Mines Safety or Geologist.

(iii) in case where area of lease / licence / permit is up to one hectare and
mining is carried out only by manual means the person having
qualification mentioned in clause (i) or (ii) can work for a maximum of
1
[fifteen leases or fifty quarry licenses / short term permits, provided
that all such mines / quarries are located within a radius of hundred
kilometers.]

Provided that if any doubt arises about the lease / licence / permit falling
under clause (i), (ii) or (iii) above, it shall be referred to officer
authorised by the Government in this regard for decision.

Explanation: The expression ‘average employment’ means the average

per day of the total employment of the mine during the preceding
quarter (obtained by dividing the number of man-days worked by the
number of working days).

1. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012

89
Rule 37N-37O Chapter – IVA

(2) If the holder of a mining lease / quarry licence / short term permit possesses
qualification as mentioned in sub-rule (1), he may appoint himself as the
qualified person for the purpose of sub-rule (1).

(3) A mining engineer or geologist employed by the lessee / licensee / short term
permit holder shall possess the qualifications specified below:-

(i) Geologist: A postgraduate degree in Geology granted by a University

established or incorporated by or under a Central Act, a Provincial Act
or a State Act, including any institution recognized by the University
Grants Commission established under section 4 of the University
Grants Commission Act, 1956 or any equivalent qualification;

(ii) Mining Engineer: A degree in Mining Engineering granted by a

University established or incorporated by or under a Central Act, a
Provincial Act or a State Act, including any institution recognized by
the University Grants Commission established under section 4 of the
University Grants Commission Act, 1956 or any equivalent
qualification;

(iii) Diploma in Mining Engineering: 3 years full time diploma certificate

in mining engineering awarded by the State Technical Education
Boards;

(4) The lessee / licensee / short term permit holder shall intimate to the Mining
Engineer / Assistant Mining Engineer, the details of qualified person
employed by him together with consent of such person.

(5) Where due to reduction in average employment in the mine, any change
required to be done only with previous permission in writing to the officer
authorised by the Government in this regard and subject to such conditions as
he may specify.

37O. Duties of qualified person.-

(1) It shall be the duty of the qualified person employed as per rule 37N to take all
necessary steps to plan and conduct mining operations, so as to ensure
conservation of minerals, systematic development of the mineral deposits and
protection of environment in and around the mining lease / quarry licence /
short term permit area in accordance with these rules.

(2) He / She shall be responsible for the preparation and maintenance of plans,
sections, reports and schemes in accordance with these rules.

(3) He / She shall be responsible for carrying out the study of the associated rocks
and minerals, identifying them and stacking the various minerals produced
separately.

90
Rule 37O-37OO-37P Chapter – IVA

(4) He / She shall carry out all such orders and directions as may be given in
writing under these rules by any authorized officer and shall forward a copy of
such orders or directions to the holder of mining lease / quarry licence / short
term permit.

(5) He / She shall ensure that there is sufficient provision of proper materials,
appliances and facilities at all times at mining lease / quarry licence / short
term permit for the purpose of carrying out the provisions of these rules and
orders issued there under and where he is not the owner or agent of the mining
lease / quarry licence / short term permit, he shall make requisition in writing
to the owner or agent for anything required for the aforesaid purpose. A copy
of every such requisition shall be recorded in bound paged book kept for the
purpose.

(6) On receipt of a requisition under sub-rule (5), the owner or agent shall provide
as soon as possible the materials and facilities requisitioned by the qualified
person.
1
[37OO. Environment and Health Safeguard.- Every mining lease / licence holder
shall,-

(i) use drills either equipped with dust extractors or operated with water injection
system for wet drilling to control the pneumoconiosis and silicosis;

(ii) provide protective wears / respiratory devices to the personnel working in

mining area and shall also provide adequate training and education on safety,
environment and health aspects;

(iii) organize regular health check-up camps for the workers engaged in mines and
also periodically organize occupational health surveillance program for the
workers to observe any contractions due to exposure to dust and take
corrective measures, if needed; and

(iv) provide health insurance cover to all workers engaged in mines.]

37P. Environmental Management Plan for clusters of Leases / Licenses / Short

Term Permit areas.-

For clusters of leases / licenses / short term permit areas having an area less than 5
hectares individually, Environment Management Plan shall be prepared by
association of lessees / licensees / short term permit holders of the cluster within a
period of three months of formation of association through recognised person and
submitted to the District Level Environmental Committee for approval:

Provided that the Director may in appropriate case extend above period up to a
further period of six months.

1. Inserted by Rajasthan Gazette Extraordinary dated 16/05/2016

91
Rule37Q-37R Chapter – IVA

37Q. Association of Cluster.-

Lessees / licensees / short term permit holders falling in a cluster shall form an
association within a period of three months counted from the date of declaration
of cluster as per clause (viii-a) of rule 3, for the implementation of Environment
Management Plan prepared by a recognized person and approved by the District
Level Environmental Committee. All the lessees / licensees / short term permit
holders shall be members of the concerned association and if any lessee / licensee
/ short term permit holder does not want to be a member of such association in
such case he / she shall not be allowed to work in the area:

Provided that such association shall be registered under the provisions of relevant
Law.

Provided further that any lessee / licence / short term permit holder who is granted
the lease / licence / short term permit, as the case may be, within the boundary of
cluster after formation of association shall be deemed to be member of the
association,
1
[Provided also that lessee/ licencee/ short term permit holders of more than
one cluster may form a common association, but in this case the Environment
Management Plan (EMP) shall have to be prepared separately for each cluster by the
association.]

37R. District Level Environmental Committee.-

The District Level Environmental Committee shall consist of the following,

namely:-

(i) District Collector Chairman

(ii) Regional Officer of the Rajasthan State Pollution Member
Control Board or officer nominated by the
Chairman of the Board
(iii) Deputy Conservator of Forest Member
(iv) Assistant Mining Engineer / Mining Engineer Member Secretary
Concerned
(v) Any other officer nominated by the Government Member

1. Inserted by Rajasthan Gazette Extraordinary dated 01/01/2013

92
Rule37S-37T Chapter – IVA

37S. Implementation of common issues of Environment Management Plan in a

cluster.-

Association formed as per the provisions of the rule 37Q shall be responsible
for implementation of Environment Management Plan (EMP) and in case
EMP is not implemented, mining operation of all lessees / licensees / short
term permit holders in the cluster shall be stopped by the Mining Engineer /
Assistant Mining Engineer with prior approval of Superintending Mining
Engineer concerned after giving a 30 day notice to the association. Such notice
shall be published in two local news papers at least 15 day before the intended
date of stoppage of mining activities. Mining operations, so stopped, shall be
allowed to resume only after the EMP is implemented.

37T. Environmental Safeguard to be implemented by individual lessee / licensee /

short term permit holder.-

(1) Every holder of mining lease, quarry licence or short term permit holder shall,-

(i) obtain consent to establish and consent to operate from the Rajasthan
State Pollution Control Board prior to start of mining operation and
implement the conditions of consent to operate strictly;

(ii) ensure that no natural watercourse and / or water resources are

obstructed due to any mining operation. Adequate measures shall be
taken for protection of the older-streams, if any, emanating / passing
through the mining lease, quarry licence or short term permit area
during the course of mining operation;

(iii) keep mine working restricted to above ground water level till approval
of State Ground Water Department is obtained;

(iv) temporarily store the top soil, at the place earmarked in environment
management plan / mine plan / scheme;

(v) dump over burden (OB) generated during the mining operations at
earmarked dump site/s in environment management plan / mine plan /
scheme;

(vi) take effective safeguard measures, such as regular water sprinkling in

critical areas prone to air pollution and having high levels of particulate
matter such as around crushing and screening plant, loading and
unloading point and all transfer points. Extensive water sprinkling shall
be carried out on haul roads. It shall be ensured that the Ambient Air
Quality parameters conforming to the norms prescribed by the State
Pollution Control Board is maintained throughout;

93
Rule37T(Cont.) Chapter – IVA

(vii) practice controlled blasting and implement mitigative measures for

control of ground vibrations and to arrest fly rocks and boulders.
Blasting shall be done only by a person holding of blaster certificate
from Director General of Mines Safety. Deep hole blasting shall be
carried out only after approval of Director General of Mines Safety;

(viii) take all mitigative measures during the mining operation to ensure that
the buildings / structures in the nearby areas shall not be affected due to
blasting;

(ix) use drills either operated with dust extractors or equipped with water
injection system;

(x) ensure that personnel working in dusty areas shall wear protective
respiratory devices and they shall also be provided with adequate
training and information on safety, environment and health aspects;

(xi) undertake to ensure minimum losses to the agriculture crops and

undertake to contribute suitably for compensation to the loss / damage
to the crops;

(xii) maintain the bench height and slope as per the Metalliferous Mines
Regulation, 1961, as amended from time to time;

(xiii) maintain the overall slope of mine below 45 degrees;

(xiv) keep vehicular emissions under control and regularly monitor the same.
Measures shall be taken for maintenance of vehicles used in mining
operations and in transportation of mineral. The vehicles shall not be
overloaded;

(xv) take measures for control of noise levels below 85 dBA in the work
environment.

(2) The conditions in sub-rule (1) shall be enforced inter-alia, under the provisions
of the Water (Prevention and Control of Pollution) Act, 1974, the Air
(Prevention and Control of Pollution) Act, 1981, the Environment (Protection)
Act, 1986 and the Public Liability Insurance Act, 1991 along with their
amendments and rules made there under and also any other orders passed by
the Hon'ble Supreme Court of India / High Court of Rajasthan and any other
Court of Law relating to the subject matter.

(3) Failure to comply with any of the conditions mentioned in sub-rule (1) may
result in cancellation of lease / licence / short term permit after giving 30 days
notice to the lessee / licensee / short term permit holder for compliance.

94
Rule37T(Cont.) Chapter – IVA

(4) Mine working shall be strictly as per the conditions of approved mining plan /
simplified mining scheme / scheme of mining, as the case may be.
1
[(5) Every lessee / licensee /short term permit holder in addition to deposit of
royalty and submission of financial assurance shall also deposit contribution in
environment management fund to meet out the financial requirement of
association / agency for carrying out environmental protection work as per the
environment management plan at the following rates, namely:-

(i) for limestone (dimensional) of Rs. 10/- per tonne of mineral

Kota and Jhalawar districts, dispatch
marble and granite

(ii) ordinary earth Rs. 1/- per tonne of mineral dispatch

(iii) all other minerals Rs. 5/- per tonne of mineral dispatch]

1. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012

95
Rule 37U Chapter – IVA

37U. Cluster Level Environmental Conditions.-

Following provisions shall be incorporated in the environment management

plan:-

(1) Removal and utilization of top soil:-

(i) The top soil collected during mining operations shall be managed to
stack systematically at approved site; and

(ii) Top soil so stacked shall be utilized for plantation or for restoration and
rehabilitation of the land no longer required for mining operations or
for stabilizing / landscaping the overburden dumps.

(2) Storage of overburden waste rock, etc.:-

(i) The overburden, waste rock and non-saleable mineral generated during
mining operations shall be managed to stack separately in properly
formed dumps on grounds earmarked in approved environment
management plan for cluster;

(ii) The over burden dump shall be properly secured to prevent the
degradation of the surrounding land or silting of water courses;

(iii) Wherever possible, use such waste rock or overburden or other rejects
for back filling the worked out quarry or mine where mineral has been
recovered up to the optimum depth, with a view to restore the land to
its original use or desired alternate use. Where the backfilling is not
feasible, the waste dumps shall be scientifically vegetated by suitable
native species to prevent erosion and surface run off; and

(iv) The maximum height of the already existing waste dumps shall not
exceed 5 meters and it shall be protected by walls of rubble stones on
toe to prevent the flow of fine particles.

(3) Reclamation and Rehabilitation of lands:-

Restoration, reclamation and rehabilitation of land affected by mining

operations shall be undertaken in a phased manner so that work is completed
before the conclusion of mining operations and the abandonment of the quarry
or mine with a view to leave a productive and sustainable site.

96
Rule 37U(Cont.) Chapter – IVA

(4) Precaution against air pollution:-

(i) Air pollution due to dust, exhaust emissions or fumes during, mining or
processing operations for mineral and related activities shall be
controlled and kept within permissible limits as specified under any
environmental law for the time being in force. Main haulage roads of
mine shall be kept wet by sprinkling of water; and

(ii) Periodical examination of air quality shall be monitored by the

association of the cluster and results shall be intimated to concerned
Mining Engineer / Assistant Mining Engineer as well as regional
officer of the State Pollution Control Board.

(5) Discharge of effluents:-

All possible precautions shall be taken to prevent or reduce to a minimum, the

discharge of toxic and objectionable liquid effluents from quarry or mine,
workshop or processing plant, into surface or ground water bodies and usable
lands. These effluents shall conform to the standards laid down in this regard.

(6) Precaution against noise:-

(i) Noise arising out of mining and processing operations for mineral at the
source shall be controlled so as to keep it within the permissible limit;
and

(ii) Periodical examination of noise pollution shall be monitored by the

association of the cluster and results shall be intimated to concerned
Mining Engineer / Assistant Mining Engineer as well as regional
officer of the State Pollution Control Board.

(7) Restoration of flora:-

(i) Effective measures shall be taken for plantation in the area earmarked
in environment management plan of the cluster. 1[It shall be ensured
that plantation shall be done at least 5% of the leased out area of cluster
every year, in area earmarked in environment management plan of the
cluster, subject to the norms specified by the Environment
Department];

(ii) The earmarked site(s) for plantation shall be fenced and proper
planning of watering and caring the plants shall be implemented. The
same shall be looked after during the subsistence of the cluster;

1. Substituted by Rajasthan Gazette Extra Ordinary dated 05/03/2013

97
Rule 37U(Cont.) Chapter – IVA

(iii) Suitable trees shall be planted along cluster boundary, on both sides of
the major roads, near site office of the mine and over the inactive
dumps;

(iv) The lessee / licensee / short term permit holder shall not cut or injure
any tree in area of his lease / licence / permit without the previous
sanction in writing of any officer authorised in this behalf under any
law in force; and

(v) Take all precautionary measures during mining operation for

conservation and protection of endangered flora and fauna.

(8) Water management:-

(i) Water collected shall be analyzed and if found potable then it shall be
diverted for drinking purpose in consultation with State Public Health
Engineering Department;

(ii) Accumulated un-potable rain water shall be dewatered and diverted to

nearby pond / aquifer / river / nallah, catchment area by providing
suitable pipe line or drains or link canals, as the case may be, in
consultation with State Public Health Engineering Department;

(iii) The procedure of water harvesting shall be adopted to recharge the

ground water table;

(iv) Effective steps shall be taken for setting up of a water treatment plant
wherever required to treat the effluents collected in the working pits;
and

(v) For working below ground water level the lessee, licensee or short term
permit holder shall carry out a detailed hydro-geological study taking
into account the mine water discharge, management of discharged
water and shall obtain prior approval of State Ground Water
Department.

(9) Corporate Social Responsibility:-

(i) Regular health check up camps for the workers engaged in mines shall
be organized;

(ii) Occupational health surveillance program of the workers shall be

undertaken periodically to observe any contractions due to exposure to
dust and take corrective measures, if needed;

(iii) Insurance cover to all workers engaged in mines shall be provided;

98
Rule 37U(Cont.) Chapter – IVA

(iv) Common vocational training center shall be setup at district level; and

(v) Local needs of habitant like school, creche, hospital, veterinary

hospital, sanitation, drinking water etc. shall be considered positively.

(10) Environmental Management Fund:-

1
(i) [ ]

(ii) The Environmental Management Fund shall be allotted by District

Level Environment Committee for environment development work, to
the concerned association of cluster or to the agency to whom such
work is assigned.]
2
[(11) Procedure for collection of Environment Management Fund (EMF):

(i) In case of mining leases and short term permit contribution for
Environment Management Fund shall be collected provisionally at the
time of issuing rawanna which shall be finalised at the lime of
assessment and the difference amount shall be recovered or refunded,
as the case may be.

Provided that in case of mining leases where excess royalty collection

contract is given, the contribution for Environment Management Fund
for the quantity of mineral dispatched above the dead rent limit shall be
recovered along with royalty through contractor. The contract amount
for the existing contractors to be authorised for recovering contribution
for Environment Management Fund shall be proportionately revised.

(ii) In case of quarry licences, contribution for Environment Management

Fund shall be recovered at the check post / naka by department official
or by the contractor if authorised in this behalf. The contract amount
for the existing contractors to be authorised for recovering contribution
for Environment Management Fund shall be proportionately revised.

(iii) Mining Engineer / Assistant Mining Engineer shall maintain

clusterwise ledger of EMF for keeping record of collection from
lessee/licencee/permit holder and expenditure incurred. Cash book
shall be maintained separately for EMF.]

1. Deleted by Rajasthan Gazette Extraordinary dated 14/02/2013

2. Inserted by Rajasthan Gazette Extraordinary dated 01/01/2013
99
Rule 38 Chapter – V

CHAPTER - V

Assessment of Royalty

38 Assessment of royalty:-

(1) Assessment and determination of royalty due from an assesses during an

assessment year or as required shall be made by assessing authority after the
returns in respect of that year have been filed by the assesses as required under
terms and conditions of the lease deed or the statement of production,
despatches or consumption has been submitted by the person concerned or
upon checking the stock of the mineral dealer.

Provided that the assessing authority may make provisional assessment for a
particular period during the assessment year after the receipt of statistical
returns in respect of that period.
1
[(1A) Notwithstanding anything contained in sub-rule (1) an assessment of royalty
covered under the "Scheme of Self Assessment" approved from time to time
by the Government shall be deemed completed without being called for the
records of the assessee and without being passed of a formal assessment order
by the assessing authority on the basis of the returns filed, statements
submitted and amount of royalty or other sum(s) deposited.]

(2) For the purpose of assessment of royalty as mentioned in sub-rule (1) the
assessee shall submit monthly returns in Form No. 11A by 15th of the
following month and annual returns in Form No. 11 within one month from
the date of expiry of the assessment year.

Provided that for purpose of this sub-rule, the assessing authority may fix a
date on which, the place at which the assessee shall produce such records as
may be required by it in respect of production, removals, consumption and
stocks bills of sales, labour attendance, payments and any other account books
connected with these matters.

(3) If the assessee fails to submit returns as required under sub-rule (2) or the
returns filed appear to be incorrect, the assessing authority may hold such
inquiry as it may deem fit and assess royalty for the assessment year to the
best of its judgment.

Provided that the assessing authority shall give reasonable opportunity of

being heard to an assessee before taking any action under this sub-rule.

1. Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994

100
Rule 38-39-40 Chapter – V

(4) For the purpose of sub-rule (3) the assessing authority may serve a 15 days
notice upon the assessee requiring him to appear in person or by an agent duly
authorised in writing on a date and at place specified in the notice and to
produce or cause to be produced any evidence on which the assessee relies in
support of the correctness of the returns or statements and records furnished by
him or produce or cause to be produced such accounts or documents pertaining
to the assessment year and the last five years proceeding the assessment year
as the assessing authority may require.

(5) On the day specified in the notice given in sub-rule (4) or on any other day
thereafter which the assessing authority may fix, the assessing authority, after
hearing and considering the evidence as may be produced by the assessee in
this behalf and such other evidence and documents as the assessing authority
may require, shall make an order in writing of assessment of royalty payable
by the assessee.
1
(6) [ ]

39 2[Assessment on the basis of best judgment in case of failure to submit monthly

and annual returns or in case of likely evasion of royalty:-

If the assesses fails to submit the returns within the period prescribed in sub rule (2)
of rule 38 or the returns submitted are incorrect or the assessing authority has reasons
to believe that the assesses had evaded or avoided any royalty, the assessing authority
may after giving to assesses a reasonable opportunity of being heard and after making
such inquiry, as it considers necessary, assess the royalty for the period to the best of
its judgment. The amount so assessed shall be payable by assesses forthwith and in
case of default in payment, the amount so assessed shall be recoverable as an arrear
of land revenue.

Provided that no such royalty assessment shall be made on best judgment basis
without obtaining prior approval of the next higher authority.]

40 Reopening of cases of best judgment of assessment:-

Where an assessment has been made to the best of judgment of the assessing
authority and the assessee makes an application to the assessing authority within 30
days from the date of service of notice of demand in consequence of assessment for
the cancellation of the assessment on the ground:

(a) That he did not receive the summons or notice issued to him for the purpose of
assessment; or

(b) That he was prevented by sufficient cause for complying with any summons or
notices.

1. Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
101
Rule 40-41 Chapter – V

The assessing authority shall if satisfied about the existence of such ground cancel the
assessment and proceed to make a fresh assessment in accordance with the provisions
of rules 38 and 39 as the case may be.

Provided that the assessing authority of it's own motion may also reopen the
assessments made on the basis of best judgment if it has sufficient reasons to do so.

41 Assessment of royalty incorrectly assessed:-

(1) If for any reason, the whole or any part of despatches of mineral from the
leased area or consumption of mineral within the leased area, escaped royalty
or was assessed at a low rate in any year, the assessing authority may serve a
notice upon the assessee in the Form No. 13 and may proceed to assess or
reassess the correct amount of royalty.

Provided that nothing in this sub-rule shall be deemed to prevent the assessing
authority from making an assessment to the best of it's judgment.

(2) No notice under sub-rule (1) above shall be issued in respect of despatch and
consumption of mineral for any year after expiry of five years from the date of
relevant assessment.

Provided that this rule shall not apply for any assessment or re assessment
made in consequence of or to give effect to any finding or direction contained
in an order of appeal or revision or in an order of any competent court.

102
Rule 42-43-44 Chapter – VI

CHAPTER - VI

Delegation of Powers, Appeal and Revision

42 Delegation of Powers:-

The State Government may, by notification in the official Gazette direct that any
power exercisable by it under these rules may in relation to such matters and subject
to such conditions, if any, as may be specified in the notification be exercisable also
by such officer or authority subordinate to the State Government.

43 Appeal:-
1
[(1) Any person aggrieved by any order of the Superintending Mining Engineer,
Superintending Mining Engineer (Vigilance), Mining Engineer (Vigilance),
Mining Engineer or Assistant Mining Engineer passed under these rules shall
have the right of appeal to the Director.]

(2) Any person aggrieved by any order passed in appeal under sub-rule (1) or any
other order passed by the Director under these rules shall have the right of
appeal to the Government.

(3) Any person aggrieved by any order of the Director by virtue of the powers
delegated or otherwise exercised under these rules on the matters mentioned in
sub-rule (1) shall have the right of appeal to the Government.

(4) The orders passed by the Government in appeal shall be final.

44 Form of Appeal and Fees:-

(1) An appeal under rule 43 shall be in the form of memorandum of appeal in

duplicate numbered in paragraphs stating concisely and precisely the grounds
of objection and relief demanded.

(2) The memorandum of appeal shall be accompanied by a challan of 2[Rs.2000/-]

deposited as fee in the Government treasury under the 3[relevant] head of
Account.
4
[ ]

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Substituted by Government Notification dated 18/12/2004
3. Inserted by Rajasthan Gazette Extraordinary dated 29/08/1996
4. Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996
103
Rule 45-46-47 Chapter – VI

45 Limitation:-

An appeal under rule 43 shall be filed within three months of the date of
1
[communication of] the order appealed against.

Provided that an appeal may be admitted after the said period if the appellant satisfies
the appellate authority that he has sufficient cause for not filing the appeal within the
said period.

46 Procedure of appeal:-

(1) Upon receipt of memorandum of appeal satisfying requirement of rules 44 and

45 the appellate authority shall fix a date for hearing. It may, if it thinks fit,
call for the relevant records and other information from the officer whose
order is the subject of appeal.
2
[Provided that the concerned Mining Engineer / Assistant Mining Engineer
shall send the parawise comments, factual report and relevant record of the
case within 30 days from the receipt of intimation of appeal in his office.]

(2) The appellate authority may confirm / modify or set aside the order under
appeal, after giving the appellant an opportunity of being heard and
considering any comments that might be offered by the officer who gave the
order under appeal.

47 Revision:-

(1) The State Government in respect of any order, whether in appeal or otherwise
passed under these rules by the Director, 1[/ Additional Director (Mines),] /
Superintending Mining Engineer, 3[Superintending Mining Engineer
(Vigilance), Mining Engineer (Vigilance),] Mining Engineer, or Assistant
Mining Engineer may on an application by an aggrieved party made within 3
months of 1[communication of] such order in this behalf or of its own motion
call for and examine the connected records for the purpose of satisfying itself
as to the correctness, legality or propriety of the order and may confirm,
modify or rescind such order.
4
[ ]

1. Inserted by Rajasthan Gazette Extraordinary dated 29/08/1996

2. Added by Rajasthan Gazette Extraordinary dated 28/01/2011
3. Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994
4. Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994
104
Rule 47(Cont.) Chapter – VI

Provided that an application for revision may be admitted by the Government

after the said period of 3 months if the Government is satisfied that the
applicant had sufficient cause for not filing the revision application in time.

(2) Every application for revision shall be made in Form No. 14 in duplicate and
shall be accompanied by a treasury challan of 1[Rs. 2000/-] deposited as fee in
the Government Treasury under the 2[relevant] head of Account.
3
[ ]

1. Substituted by Government Notification dated 18/12/2004

2. Substituted by Rajasthan Gazette Extraordinary dated 27/12/1999
(effective from 01/01/2000)
3. Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996
105
Rule 48 Chapter – VII

CHAPTER - VII

Offences Penalties and Prosecutions

48 Unauthorised working:-

(1) No person shall undertake any mining operations except in accordance with
the terms 1[and conditions of the prospecting licence, mining lease], quarry
licence, short term permit or any other permission granted under these rules.
1
[(2) The lessee or any other person shall not remove or despatch mineral from the
mines (except from the quarry licence area) without rawanna. Rawanna shall
be in Form No. 12 appended to these rules and duly stamped by the concerned
office.]
2
[(2A) No person shall transport or store or cause to be transported or stored any
mineral otherwise than in accordance with the provisions of these rules.]
1
[(3) Who ever contravenes the provisions of 3[sub-rule (1), (2) or (2A)] shall be
punished with imprisonment for a term which may extend to two years, or
with fine which may extend to twenty-five thousand rupees, or with both.

Provided that the Additional Director (Mines) / Superintending Mining

Engineer / Superintending Mining Engineer (Vigilance) / Mining Engineer /
Mining Engineer (vigilance) / Assistant Mining Engineer or any other officer /
official authorised by the 3[Government / Director in this behalf] may either,
before or after the institution of the prosecution compound the offence
committed in contravention of the sub-rule (1) on payment of such sum as he
may specify.

Provided further that the amount specified under the above proviso shall not be
less than Rs. 5,000/- and shall be in addition to the cost of mineral if
recoverable.]

(4) Where any person trespasses on any land on contravention of the provisions of
sub-rule (1) such trespasser may be served with an order of eviction by the
1
[Additional Director (Mines)], Superintending Mining Engineer,
Superintending Mining Engineer (Vigilance), Mining Engineer, Mining
Engineer (Vigilance) or Assistant Mining Engineer concerned or any other
officer / official authorised by the 3[Government / Director / Additional
Director (Mines) in this behalf].

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011
3. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012
106
Rule 48(Cont.) Chapter – VII

(5) Whenever any person without a lawful authority or in contravention of the

terms and conditions of the mining lease / quarry licence, short term permit or
any other permit raises any mineral from any land and for that purpose bring
on the land any tool, equipment, vehicle or other thing 1[such mineral, tool,
equipment like wire saw, crane, excavator, loader, power hammer,
compressor, drilling machine, crusher etc., vehicle like dumper, tractor trolly,
half body trucks, full body trucks, trolla etc.] or other thing may be seized by
the authorities mentioned in sub-rule (4).

Provided that where mineral so raised has already been dispatched or

consumed, the authorities mentioned in sub-rule (4) may recover cost of the
mineral along with rent, royalty or the tax chargeable on land occupied or
mineral excavated which will be computed as 2[10] times the royalty payable
at the prevalent rates.

Provided further that every officer seizing any property or mineral under this
rule shall give a receipt of the property so seized to the person from whose
possession the property or mineral is so seized and make a report of such
seizure to his superior officer and to the Magistrate having jurisdiction over
the area to try offence.

(6) The property other than the mineral seized under sub-rule (5) may be released
by the officer who seized the property in the execution of a bond by the
trespasser or the owner of the property or any other person to the satisfaction
of such officer that the property so released shall be produced at the time and
at the place when such production is required by such officer.

Provided that where a report has been made to the Magistrate under sub-rule
(5) the property shall be released only under the orders of the Magistrate.

(7) All property seized under this rule shall be liable to be confiscated by an order
of Magistrate trying the offence if the rent, royalty or tax or / and cost of the
mineral as mentioned above are not paid by the trespasser within a period of 3
months from the date of commission of such offence or when the recoveries
are not effected by that time.

Provided that on payment of these dues within the said period of 3 months all
properties seized shall be ordered to be released and shall be handed over to
the trespasser or the owner of the property.

1. Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011

2. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
107
Rule 49-50-51-52 Chapter – VII

49 Contravention of certain conditions of lease:-

Any lessee or his transferee or his assignee, who commits a breach of any of the
conditions of the lease mentioned in clauses 1[(9) or (12)] of rule 18 shall be punished
with imprisonment for a term which may 2[extend to one year] or with fine which
may 2[extend to Rs. 5,000/-] or fine which may extend to 2[five hundred rupees] for
every day during which such contravention continues after conviction for the first
such contravention.

50 Offence cognizable only on written complaint:-

No court shall take cognizance of any offence punishable under these rules except
upon a complaint in writing made by a person 2[not below the rank of Mines Forman,
(Grade-II) / Surveyor.]

Provided that 2[Mines Forman, Grade-I / Grade-II or Sr. Surveyor / Surveyor] shall
obtain prior approval of the Mining Engineer / Assistant Mining Engineer before
filing any complaint.
2
[51 Role of police:-

The authorities empowered to take action under rule 48 and rule 68 shall, if
necessary, request in writing for the help of the local police or request for registration
of F.I.R. and the police authorities shall render such assistance, as may be necessary
and also register F.I.R. under relevant law or theft of public property to enable the
officers to exercise the powers conferred on them by these rules to stop unauthorized
mining and movement of minerals.]

52 Investigation of offences:-

(1) Subject to such conditions as may be specified, the 3[State Government or

Director may authorise] either generally or in respect of a particular case or
class of cases, any officer not below the rank of 2[3[Mines Forman/Surveyor or
any officer of the State Directorate of Revenue Intelligence] to investigate] all
or any of the offences punishable under these rules.

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

1. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
3. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012

108
Rule 53-54 Chapter – VII

53 Power to take evidence on oath:-

The assessing authority or investigating officer not below the rank of an Assistant
Mining Engineer and the appellate authority shall for the purpose of these rules have
the same powers as are vested in a court under the Code of Civil Procedure when
trying a suit in respect of the following matters namely:-

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

(b) Compelling production of documents; and

(c) Issuing commission for examination of witnesses and any proceedings before
the appellate authority, the assessing authority and investigating officer shall
be deemed to be a "Judicial Proceedings" within the meaning of Section 193,
196 and 228 of the Indian Penal Code.

54 Powers of entry, inspection of records and seizure of books of accounts of a

Dealer / Lessee:-

(1) An assessing authority or investigating officer not below the rank of an

1
[Assistant Mining Engineer or Revenue Intelligence Officer of the State
Directorate of Revenue Intelligence authorised by the Government or Director
in this behalf] may for the purposes of these rules, require any dealer / lessee
to produce before him the accounts, registers and other documents and to
furnish any other information relating to mining operations or business.

(2) All accounts, registers and other documents pertaining to the business of a
dealer / lessee, the minerals in his possession or in the possession of his agent,
or broker for the time being on his behalf and their office, godown, factory,
vehicle or any other place where the business is done or accounts are kept shall
be open for inspection and examination of any such authority or person at all
reasonable time.

(3) If any such authority or person has reason to suspect that any dealer / lessee is
attempting to evade payment of royalty or other dues under these rules, he
may, for the reasons to be recorded in writing, seize such accounts, registers or
other documents of the dealer / lessee as he may consider necessary and shall
give receipt to the dealer / lessee or any other person from whose custody such
accounts, registers and documents are seized. The accounts, registers and
documents so seized shall be retained by such officer only for their
examination or for any inquiry or proceedings under these rules or for
prosecution.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012

109
Rule 54(Cont.) Chapter – VII

Provided that the accounts, registers and documents so seized shall not be
retained by such officer beyond a period of 3 months from the date of seizure
without the written order of the Director for reasons to be recorded in writing.

Provided further that before returning the accounts, registers and documents,
such officer may require that the dealer / lessee shall give a written
undertaking that the accounts, registers and documents, shall be presented
whenever required by any competent authority for proceedings under these
rules and that such undertaking shall be supported by a security in such form
as may be specified for a sum not exceeding Rs. 5000/-.

(4) For the purpose of sub-rule (2) and (3) any such authority or person shall have
powers to enter and search at all reasonable times any offices, godown, factory
or vehicle or any other place of business or any building or place where any
such authority or person, has reason to believe that the dealer/lessee keeps or
for the time being keeping any mineral’s accounts, registers or other
documents pertaining to his business or mining operations and also to search
the body of any other person found in such office, godown, factory, vehicle,
building or place about whom any such authority or person 1[has reason to
suspect that he may have in his personal] possession any such minerals, books
of accounts registers or documents.

(5) Such authority or person may, when it is not practicable to seize any books or
accounts, registers, documents or mineral, serve upon the dealer / lessee or the
person who is in immediate possession or control thereof, an order that he
shall not remove, part with or otherwise deal with them except with the
previous permission of such authority or person who may take such steps in
accordance with rules, as may be necessary for ensuring compliance of this
sub-rule.

(6) The power conferred by sub-rule (4) and (5) shall include the power to break
open any box or receptacle in which any mineral, accounts, registers or
documents of dealer / lessee may be contained or to break open the door of
any premises where any such mineral, accounts registers or documents may be
kept or to place marks of identification on his books of accounts, registers or
documents for to make or cause to be made extracts or copies thereof.

Provided that the power to break open the door shall be exercised only after
the dealer / assessee or any other person in occupation of the premises, if he is
present therein, fails or refuses to open the door on being called upon to do so.

1. Substituted by Rajasthan Gazette Extraordinary dated 26/04/1986

110
Rule 54(Cont.) Chapter – VII

(7) Any such authority or person shall have power to seize any mineral, the
removal or sale of which is liable to payment of royalty or cost and which are
found in possession of a dealer / lessee or in the possession of his agent or
broker or of any other person for the time being on his behalf or in any office,
go down, factory, Vehicle or any other place of business or building of the
dealer / lessee or of the agent, the broker or of any other person holding the
said mineral on his behalf but not accounted for by the dealer / lessee in his
accounts, registers and other documents maintained in the course of his
business or any mining operations.

Provided that list of minerals / documents seized under this sub-rule shall be
prepared by such authority or person and signed by two respectable witnesses.

(8) An officer not below the rank of an Assistant Mining Engineer authorised
under sub-rule (1) or the assessing authority may after giving the dealer /
lessee an opportunity of being heard and holding such further inquiry as he
may consider fit, realize from him, for the possession of mineral not accounted
for, the cost of mineral at 1[10] times of royalty.

(9) Such officer or authority may release the mineral or documents seized under
these rules on payment of cost of mineral or on furnishing 2[such security in
the form of Bank Guarantee for a minimum period of six months equivalent to
the cost of mineral for payment] thereof as he may consider necessary.

(10) Any such authority or person may require any person:-

(a) Who transports or holds in custody for delivery to or on behalf of any

dealer / lessee, any mineral to give any information likely to be in his
possession in respect of such mineral or to permit inspection thereof as
the case may be;

(b) Who maintains or has in his possession any accounts, books or

documents relating to the business / mining operations, to produce such
accounts, books or documents for inspection.

(11) The provisions of Code of Criminal Procedure relating to searches shall apply,
so far as may be, to the searches made under these rules.

1. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
111
Rule 55-56-57-58 Chapter – VIII

CHAPTER - VIII

Miscellaneous

55 Application of rules to all renewals:-

(1) These rules shall apply to the renewal of the leases granted or renewed before
the commencement of these rules, as they apply in relation to renewal of
mining lease granted after such commencement.

(2) Where Rent-Cum-Royalty-Leases have been granted before the

commencement of these rules they shall be converted to quarry licences as per
provisions of these rules.

56 Register to be open for inspection:-

All registers maintained in the office of the Mining Engineer / Assistant Mining
Engineer under these rules shall be open for inspection by any person who holds or
intends to acquire a mining lease or a quarry licence under these rules on payment of
a fee of Rs. 10/- for each inspection.
1
[57 Rectification of mistakes:-

Any clerical or arithmetical mistake in any order passed by Government or any other
officer under these rules and any error arising therein from accidental slip or omission
may be corrected by the Government or officer, as the case may be.

Provided that no order prejudicial to any person shall be passed unless he has been
given a reasonable opportunity for stating his case.]

58 Exemption:-

Notwithstanding anything contained in these rules no rent, royalty or fee shall be

charged for:-

(a) Excavation of ordinary clay including brick making clay, bajri, sand and
masonry stone from areas, which are not working pits of a lessee, by a tenant
for bonafide purpose of construction or repairs of:-

(i) Irrigation tanks, channels and drains;

(ii) Wells;
(iii) Compound walls for fields; or
(iv) Residential house including compound walls and cattle sheds in rural
areas.

1. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994

112
Rule 58(Cont.) Chapter – VIII
1
[(aa) excavation of ordinary earth from village ponds / tanks situated in gram
panchayat for de-silting and further use of such earth by tenants for filling /
leveling in agricultural fields or any other community work in village.]

Provided that:-

(1) Such excavation and removal of aforesaid mineral shall be on the basis
of the permits issued by the Panchayat or Patwari of the village, where
the tenant resides. The permit shall contain the details of the total
quantity of mineral, period or its excavation and removal and name and
address of the tenant.

(2) Excavation of lime stone or lime kankar for lime burning from the areas
which are not occupied by a lessee may be made by a tenant for
bonafide use under a permit valid for two months issued on payment of
2
[Rs. 50/-] as permit fee by the Mining Engineer or Assistant Mining
Engineer, having jurisdiction over the area.

(3) Nothing in this sub-rule shall abridge the rights of cultivators under
section 36 of the Rajasthan Tenancy Act, 1955.
3
[(b) excavation of clay used by the potters for earthenware pots and kawelus.]

(c) Excavation and use of clay or earth in construction of houses except earth used
for brick making.

(d) Search for and obtaining the samples of minerals on the surface by chipping of
outcrops without involving any disturbance of the soil by way of bore hole,
pit, trench or otherwise.

(e) Excavation of mineral by any person from his private land for personal use at
the spot itself.

(f) Excavation of mineral from river or stream bed and use of protection works of
the same river or stream at or near the same spot, and

(g) Excavation of masonry stone, morrum and bajri from areas which are not the
working pits of a lessee by any person or institution, for construction of such
public utility buildings as schools and hospitals in the rural areas from
donation or contribution.

1. Inserted by Government Notification dated 16/05/2016

2. Substituted by Government Notification dated 18/12/2004
3. Substituted by Government Notification dated 01/01/2013
113
Rule 58-59-60 Chapter – VIII

Provided that such excavation and removal of aforesaid minerals, shall be

under a permit granted by the Mining Engineer or Assistant Mining Engineer,
having jurisdiction over the area and only after a certificate from the Sarpanch
/ Pradhan in this behalf has been produced.
1
[Provided further that no such short term permit shall be granted in
contravention of Environment Impact Assessment Notification dated
14.09.2006 issued by the Ministry of Environment and Forest, Government of
India, as amended from time to time.]

59 2[ ]

60 2[ ]

1. Added by Rajasthan Gazette Extra Ordinary dated 19/06/2012

2. Deleted by Rajasthan Gazette Extraordinary dated 12/07/2013
114
Rule 61-62-63 Chapter – VIII

61 Rate of Interest:-

Interest at the rate of 1[15%] shall be charged on all dues in respect of dead rent,
royalty, quarry licence fee and royalty collection contract 2[or excess royalty
collection contract amounts from the due date.]

62 Dues may be recovered as arrears of Land Revenue:-

Notwithstanding anything contained in these rules, Government may recover any

dues in respect of dead rent, royalty, quarry licence fee royalty collection contract
amount, cost of mineral, penalties and any other dues under these rules together with
interest as arrears of Land Revenue under the law in force relating to such recovery.

63 Grant of Short term permit:-

(1) Notwithstanding anything contained in these rules the Mining Engineer or

Assistant Mining Engineer may grant short-term-permit to a person on
payment of a fee as laid down in sub-rule (4) and such person may excavate
and take away mineral on payment of advance royalty from the area specified
in the permit. The conditions under which the permit holder shall work and
safety precautions which he must take shall be as specified in the permit.
3
[Provided that:-

(a) unless otherwise specified the dimension of the area for which a short term
permit may be granted shall not exceed one hectare.

(b) in case of private land short term permit may be granted to the Khatedar of
the land or to a person having prior consent of the Khatedar of the land.

(c) no such short term permit shall be granted in contravention of Environment

Impact Assessment Notification dated 14.09.2006 issued by the Ministry of
Environment and Forest, Government of India, as amended from time to
time.]

(2) Short term permit shall not be granted for the following minerals:-

(i) Sandstone and limestone used as (dimensional stone, Patti Katla, mill
stone, ashler and flooring stone);

(ii) Limestone used for burning and chips making;

(iii) Marble and dolomite;

1. Substituted by Government Notification dated 18/12/2004

2. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
3. Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
115
Rule 63(Cont.) Chapter – VIII

(iv) Granite used for making blocks, slabs and tiles;

(v) Serpentine used as block and for chips making;

(vi) Rhyolite and chert used for chips making;

(vii) Fullers earth, bentonite, salt-petre and slate stone; and

(viii) Other mineral notified by the Government.

(3) Every application for short term permit shall be accompanied by the
description of the land giving approximate location of the area from where
excavation of mineral shall be made.
1
[ ]
2
[(4) The permit fee required to be paid under sub rule (1) shall be charged as
under: -

(a) For a short- term-permit up to 2 tonnes Rs. 5/-

(b) For a short term permit exceeding 2 Rs. 20/-

tonnes and upto 8 tonnes of mineral.

(c) For a short term permit exceeding 8 Rs. 50/-

tonnes and upto 30 tonnes of mineral

(d) For a short term permit exceeding 30 Rs. 100/-

tonnes and upto 200 tonnes of mineral

(e) For a short term permit exceeding 200 Rs. 200/-

tonnes and upto 500 tonnes of mineral

(f) For a short term permit exceeding 500 Rs. 200/- + Rs. 50/- for
tonnes of mineral every additional 100
tonnes or part thereof
3
[(4a) Short term permit holder 4[shall deposit contribution] towards the
Environmental Management Fund and shall also comply provisions of rule
37T of these rules.]

1. Deleted by Rajasthan Gazette Extraordinary dated 25/05/2012

2. Substituted by Government Notification dated 18/12/2004
3. Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
4. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012
116
Rule 63(Cont.) Chapter – VIII

(5) No short term permit shall be granted for quantities exceeding 500 tonnes
except in case of contract of Works Department of State Government / Central
Government / Autonomous bodies / Government undertaking, on
recommendation of concerned Department.

(6) Period for which a short term permit may be granted shall not exceed four
months.

Provided that in case of Works Department of the Government, short term

permits may be granted for a period longer than four months depending upon
the period of work contracts.

Provided further that the period of short term permit shall be deemed to have
been extended by 25% of the original period of short term permit if the permit
holder fails to excavate and remove the quantity stipulated in the short term
permit within the period originally sanctioned.

Provided further also that if a permit holder has excavated and carried mineral
to the extent of 10% over and above the quantity specified in the permit within
the stipulated time of the permit, only single royalty 1[and more than 10% but
up to 25% over and above the quantity specified in the permit, two times
royalty] will be charged from the permit holder. The permit holder shall be
responsible for submission of his record within 15 days of the expiry of
permit. However, if the permit holder excavated and carried a quantity more
than 25% of the quantity sanctioned in the permit, entire quantity excavated
and removed over and above the quantity sanctioned in the permit shall be
treated as unauthorised excavation and permit holder shall be liable to pay the
cost of such excess material.

Provided also that any excess quantity of mineral carried away by the permit
holder after the expiry of time limit specified in the permit or any quantity of
mineral removed after the extended period of short term permit under first
provision to this sub-rule 7 shall be treated as unauthorised excavation.

(7) The Mining Engineer / Assistant Mining Engineer may refuse to grant a short
permit for any mineral in any area.

1. Inserted by Rajasthan Gazette Extraordinary dated 31/03/2011

117
Rule 63A-63B Chapter – VIII
1
[63A Grant of permit for over burden to be used as construction material:-

(1) The Mining Engineer or Assistant Mining Engineer may grant permit for
building stone to a person for dispatch of over burden lying inside or outside
any lease area on payment of special permit fees to be computed @ 10/- Rs.
per Tonne, which shall be in addition of the royalty. Such permit shall be
granted for a maximum period of one year for the quantity as desired by the
applicant. Royalty and special permit fees, so deposited, shall not be adjusted
in the dead rent payable by lessee.

Provided that where over burden is lying within the lease area permit may be
granted to the lease holder or the person submitting consent of lessee.

Provided further that permit holder shall dispatch over burden with transit pass
to be issued by concern Mining Engineer or Assistant Mining Engineer and
shall submit record of such dispatch within one month from the completion of
the permit.

(2) Every application for permit shall be accompanied by sketch map showing
location of over burden dump, quantity applied for and period required for
dispatch.

Provided that the Mining Engineer or Assistant Mining Engineer after

inspection, verifying lots of over burden and mineralogical examination, if
required, and ascertaining that misuse of mineral shall not be done, may grant
permit, after depositing special permit fees and royalty in advance, mentioning
therein quantity of mineral and period of permit.

Provided further that the period of permit shall be deemed to have been
extended by one fourth of the original period of permit if the permit holder
fails to remove the quantity stipulated in the permit within the period
originally granted.

(3) The Mining Engineer or Assistant Mining Engineer may refuse to grant permit
for any over burden in any area with reasons to be recorded in writing.]
2
[63-B Excavation of earth and clay up to certain depth.-

Notwithstanding anything contained in these rules, the excavation of brick earth,

ordinary earth and ordinary clay up to a depth of one and half meters from the
adjoining ground level shall be allowed but brick earth, ordinary earth and ordinary
clay so excavated shall be disposed off or consumed only after obtaining a permission
from the Mining Engineer / Assistant Mining Engineer concerned on payment of the
royalty as per Schedule-I and fee as specified in sub-rule(4) of rule 63.]

1. Inserted by Rajasthan Gazette Extraordinary dated 14/10/2011

2. Inserted by Rajasthan Gazette Extraordinary dated 26/11/2014
118
Rule 64-65-65A-66 Chapter – VIII

64 Acquisition of Bapi and Proprietary rights:-

The Government shall not recognize any Bapi or proprietary right in or any land
wherein such a right is claimed by any person over any mineral bearing land, quarry
or mine unless declared so by a court of competent jurisdiction. The Government may
acquire such Bapi or proprietary rights so declared after payment of reasonable
compensation in accordance with the provisions of law for the time being in force.
1
65 [ ]
1
65A [ ]

66 Special mode of recovery:-

(1) Notwithstanding anything contained in these rules or contract to the contrary,

the assessing authority may at anytime, by notice in writing (a copy of which
shall also be sent to the assessee at his last known address) require any person
from whom any amount is due or may become due to an assessee who has
failed to pay any rent, royalty, penalty, interest or any sum due to the
Government to pay such amount limiting to total dues on demand by the
assessing authority.

(2) The assessing authority issuing a notice under sub-rule (1) may at any time
amends or revoke such notice or extend the period for making any payment in
pursuance of the notice.

(3) Any person making any payment in compliance of a notice issued under sub-
rule (1) shall be deemed to have made the payment under the authority of the
assessee and the treasury receipt for payment shall constitute a good and
sufficient discharge of the liability of such person to the assessee to the extent
of the amount specified in such receipt.

(4) Any person discharging any liability to the assessee after service of the notice
upon him under sub-rule (1) shall be personally liable to the State Government
to the extent of the discharge of the liability to the assessee in respect of any
other sum due from the assessee to the Government.

(5) Any amount which a person is required to pay or for which he is personally
liable to pay to the State Government under sub-rule (1) shall if such amount
remains unpaid, be recoverable as an arrears of land revenue from such person.

1. Deleted by Rajasthan Gazette Extraordinary dated 03/04/2013

119
Rule 67-68 Chapter – VIII

67 Refund:-

(1) The assessing authority shall, on an application made in this behalf and after
satisfying the correctness of the claim made by the applicant, refund to an
assessee any amount paid by him in excess of the amount due from him under
these rules, either by cash payment or by adjustment of such excess against the
amount due from the assessee in respect of any other period.

Provided that no claim for refund shall be allowed unless it is made within two
years from the date on which the order of assessment was made or within 12
months of the final order passed in appeal whichever may be the later.

(2) Any sum refundable under sub-rule (1) if not refunded within sixty days from
the date of receipt of the assessee’ application shall carry simple interest @ 4%
per annum after expiry of aforesaid period of sixty days.

68 Establishment of check posts and barriers and weighment and inspection of

goods in transit:-

(1) If the State Government, Director, Superintending Mining Engineer or

1
[Mining Engineer / Assistant Mining Engineer considers it necessary] to do
so, with a view to prevent or check the evasion of royalty under these rules at
any place or places within the State he may direct the setting up of check post
or erection of a barrier or both at such place or places by an order in writing.

Provided that the 1[Mining Engineer / Assistant Mining Engineer concerned

may not direct] setting up of check post or barrier for a period exceeding
6 months, the Superintending Mining Engineer for a period is exceeding
1year, and the Director for a period exceeding 2 years.

Provided further that the setting up of check post or erection of a barrier for a
period exceeding 2 years shall be notified in the Official Gazette and in other
cases display of the notice at the place of establishment of check-post or
erection of a barrier and on the Notice Board of the office of the concerned
Mining Engineer and Assistant Mining Engineer may suffice.
1
(2) [The Director, Additional Director (Mines), Superintending Mining
Engineer], Mining Engineer, Superintending Mining Engineer (Vigilance),
Mining Engineer (Vigilance), Assistant Mining Engineer or any other 2[officer
authorised by any of them or by the State Government] in this behalf may
check a vehicle carrying the mineral at any place and the owner or the person
in charge of the vehicle shall furnish a valid Rawanna 3[or transit pass or
Royalty Receipt issued by Department of Mines and Geology in the prescribed
form and other documents / particulars] as demanded by the officer.

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011
120
Rule 68(Cont.) Chapter – VIII

(3) At every check post or barrier set up under sub-rule (1) or at any other place
when so required by the officer incharge of the check post or barrier or any
other officer empowered by the Director / State Government in this behalf, the
driver or any other person incharge of the vehicle shall stop the same, get the
minerals contained therein weighed, shall pay weighing charges as fixed by
the Government from time to time and shall keep the vehicle stationed so long
as may reasonably be necessary and allow officer in charge of the check post
or the barrier or such other officer as aforesaid to examine the minerals in
transit and also inspect all records relating to the minerals in possession of
such driver or other person. The driver or other person shall, if so required by
the officer in charge of the check post or the barrier or any other officer so
empowered give his name and addresses as also that of the owner of the
vehicle and the name and address of the consignor and the consigned. After
checking the minerals and vehicle the officer incharge of the check post of the
barrier or such other officer as aforesaid shall put his signature on the rawanna
so as to avoid any further checking at another check post.

(4) Every owner or person incharge of a vehicle shall carry with him a valid
rawanna or 1[Royalty Receipt or transit pass issued by Department of Mines
and Geology] in respect of the materials carried and shall produce the same
before any officer incharge of a check post or barrier or other officer
2
[empowered under sub-rule (2) or (3)].

(5) If the officer incharge of the check post or any other officer mention in 2[sub-
rule (2) or (3)] above has a reason to believe that royalty is likely to be evaded
in respect of any mineral liable to assessment for royalty, such officer may
require the owner or person incharge of the vehicle to pay an amount equal to
3
[10] times the amount of royalty payable on the mineral 1[in accordance with
Schedule-I along with compounding fee as specified by the officer authorized
under section 22 of the Act.]
4
[ ]

Provided 4[ ] that where on weighment or by measurement at the

check post it is found that the entire quantity of mineral is not covered by the
rawanna, the amount of royalty on such difference, shall be recovered by the
officer incharge of the check-post.

1. Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011

2. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994
4. Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996
121
Rule 68(Cont.) Chapter – VIII

(6) (i) The officer incharge of the check post or the barrier or the officer
empowered under sub-rule (2) shall have the power to seize and
confiscate 1[mineral along with vehicle which is not covered by a valid
rawanna, or transit pass issued by Department of Mines and Geology, if
the owner or person incharge of the vehicle refused to make payment as
required under sub-rule (5), the seized vehicle along with mineral shall
be handed over to SHO / incharge of nearest Police Station.]

(ii) The officer incharge of the check post or the barrier or any officer
empowered in this behalf shall give a receipt of 1[such mineral along
with vehicle seized by him] to the person from whose possession or
control it is seized.
2
[(iii) The officer incharge of the check post or any officer empowered under
sub-rule (2) or (3) may direct the person incharge of the vehicle to carry
the vehicle along with mineral, so seized, to the nearest police station or
check post or barrier of the Department].

(7) Whenever an order of confiscation 1[in respect of mineral along with

vehicle seized] under sub-rule (6) is made by an officer empowered by the
Government in this behalf such officer shall give an option to the owner or
incharge of the vehicle to pay an 3[amount as per sub-rule (5)] in view of
such confiscation. In case of failure of the owner or person incharge of the
vehicle to exercise such option the confiscated material may be disposed of
by the confiscating officer or any other officer authorised in this behalf by
public auction by beat of drum or he may sell in directly at the rate
prevalent in the adjacent area.

Provided 1[that no such mineral along with vehicle] confiscated under sub-
rule (6) shall be disposed of by the confiscating officer or any other officer
authorised in this behalf before 48 hours of such confiscation and till that
time option shall remain with the owner or person incharge of the vehicle
to carry the mineral after paying 4[an amount as per sub rule (5).]
5
[Explanation: The word check post” wherever occurs in this rule shall
include “Naka.”]

1. Substituted by Rajasthan Gazette Extraordinary dated 17/01/2011

2. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012
3. Substituted by Rajasthan Gazette Extraordinary dated 24/03/2011
4. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011
5. Added by Rajasthan Gazette Extraordinary dated 29/08/1996
122
Rule 69-70-71 Chapter – VIII

69 Power to summon:-

(1) The assessing authority for the observance of these rules and for reasons to be
recorded may summon any of the parties using and or dealing in the mineral in
the State and may demand necessary information and sources from where the
mineral has been procured and the assessing authority may also depute any
official by a general or special order in writing to collect such information an
thereafter assess the royalty or the cost of mineral recoverable as the case may
be.

(2) Any person who is engaged in trading of minerals shall maintain a correct
account of mineral purchased stocked and sold by him and these records shall
be produced for inspection if required by assessing authority or a person
authorised by assessing authority in this behalf.

Provided that if such trader fails to produce record for mineral purchased by
him, the assessing authority may enter into any place where the mineral is
stored and, measure or count it and assess cost of mineral which shall be
recovered from the trader.

70 Stoppage of mining operations:-

The Director / Superintending Mining Engineer or Mining Engineer / Assistant

Mining Engineer or any other officer authorised by the Director in this behalf may
prohibit mining and seize minerals, equipment, tools and vehicle in case the mining
operations are being carried out not in accordance with the terms and conditions of
the mining lease quarry licence or short term permit granted under these rules or
without any lease or permit irrespective of that such minerals, tools, equipment and
vehicles are lying at site or are in transit.

71 Service of Notice:-

(1) Every notice under these rules required to be given to the lessee / licensee shall
be given in writing in person or by registered post addressed to him at the
address recorded in his lease deed / licence or such other address as the lessee
or licensee may form time to time intimate in writing to the concerned
authorities having jurisdiction.

(2) The service of such notices on any adult male member of the family, his agent
or any other person purporting to be his agent or any other person maintaining
his books of accounts or issuing rawanna or filing monthly statistical returns
shall be deemed to be proper and valid service upon the lessee / licensee and
shall not be questioned or challenged by him. An endorsement by postal
employee that the lessee / licensee or any of the aforesaid persons refused to
take the delivery or non-availability of the person at the last known address
may be deemed to be prima facie proof of service.

123
Rule 72-73-74-75 Chapter – VIII

72 Mining operations to be under lease or licence:-

No mining lease, quarry licence, short-term-permit or any other permit shall be

granted otherwise than in accordance with the provisions of these rules and if granted
shall be deemed to be null and void.
1
[73 Reservation of area for prospecting or mining operations by the Government:-

Where the Government proposes to undertake prospecting or mining operations of

any mineral, it shall issue a notification reserving the area, in at least one daily new
paper having wide circulation in the State as well as on such daily newspaper having
wide circulation in the locality nearest to the area in question. The notification shall
give details of area and the period for which such operations are proposed to be
undertaken. Such reservation shall be effective from the date of its entry in the
register of mining lease kept under rule 10.

74 Status of the grant on the death of applicant for mining lease / quarry licence:-

(1) Where an applicant for grant or renewal of mining lease / quarry licence dies
before the order granting him a mining lease / quarry licence or its renewal is
passed the application for the grant or renewal of a mining lease / quarry
licence shall be deemed to have been made by his legal representative.

(2) In the case of an applicant in respect of whom an order granting or renewing a

mining lease / quarry licence is passed, but who dies before the deed referred
to in sub-rule (2) of rule 19 is executed, 2[or before quarry licence is issued]
the order shall be deemed to have been passed in the name of the legal
representative of the deceased.

75 Dead rent on reduction in mining lease area:-

Notwithstanding anything contained in these rules or in mining lease agreement, if an

area of mining lease is reduced in size consequent to part surrender or otherwise, the
competent authority may 3[ ] proportionately reduce the dead rent of such lease.]

1. Added by Rajasthan Gazette Extraordinary dated 12/08/1994

2. Inserted by Rajasthan Gazette Extraordinary dated 29/08/1996
3. Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996
124
Rule 76-77 Chapter – VIII
1
[76 Amalgamation of mining leases / quarry licences:-

The Additional Director (Mines) concerned may, in the interest of mineral

development and with reasons to be recorded in writing, permit amalgamation of two
or more adjoining leases / quarry licences held by a lessee / licensee:

Provided that the period of amalgamated lease / licence shall be co-terminus

with the lease / licence whose period expires first.”

77 Conversion of Minor Mineral lease into Major Mineral lease.-

In case minor mineral produced from minor mineral lease can be used as a major
mineral, in such cases the State Government may convert the minor mineral lease on
an application by the lessee into major mineral lease subject to the following
conditions, namely:-

(i) If it is recommended by a committee comprising Superintending Geologist,

Mining Engineer /Assistant Mining Engineer and Geologist concerned.

(ii) There is no revenue loss to the State Government.

(iii) The lease area converted shall not be the less than the prescribed size of lease
area for major minerals provided in rule 22-D of Mineral Concession Rules
1960.

(iv) Prior to conversion, the lessee shall obtain all requisite consents from the
concerned Departments required for allotment of a major mineral lease.]
2
[78 Savings of the certain notifications.-

All notifications issued under rule 65A which are in force on the date of
commencement of the Rajasthan Minor Mineral Concession (Third Amendment)
Rules, 2013, shall continue to be in force:

Provided that the State Government may at any time rescind or supersede such
notifications.]

*********

1. Added by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Added by Rajasthan Gazette Extraordinary dated 03/04/2013
125
 1
[SCHEDULE – I

RATE OF ROYALITY
[(See rule 18(1) (a) (b)]
S. Name of Quality shape and size of mineral Rate of Conversion
No. Mineral royalty factor in
(Rs. P/T) Tonne / Cu.m.
1 2 3 4 5
Part-A
1 Sandstone Dimensional stones – 2.4
(i) Dressed, polished or cut slabs, patti katla, 240.00
ashlar, tiles, flooring & roofing stones
and blocks.

(ii)Undressed, irregular or rough slabs, patti

katla, ashlar, tiles, flooring & roofing
stones and blocks.

(a) Bharatpur, Dholpur, & Karoli districts 155.00

(b) Kota & Bundi districts 130.00

(c) All other districts 100.00

Cobbles 100.00

Mill Stone 100.00

Khanda
(a) Bharatpur, Dholpur, Karoli & Jodhpur 30.00
Districts
(b) Other districts 23.00
2 Limestone Dimensional stones - 2.7
(i) Used as flooring, roofing & pillaring
stone etc. :-
(a) Kota & Jhalawar districts 110.00
(b) Jaisalmer district 125.00
(c) Jaisalmer Ashlar 30.00
(d) All other districts 100.00
(ii) Mineral waste of Limestone 23.00
(Dimensional) used for purposes other
than raw material by an industry.
(iii) Mineral waste if used in industries. 90.00

Cobbles 100.00

1. Substituted by Rajasthan Gazette Extraordinary dated 24/04/2015

126
 3 Limestone & Suitable for lime making 90.00 1.4
lime Lime 135.00
4
Lime Kanker, Lime Kanker & Jhajhara Kanker 20.00 1.4
Jhajhara Kanker
1
[5 Marble, 1. (a) Slabs & tiles having one dimension 2.7
serpentine & (width) 35 cm and above and other
other finished products:–
decorative (a-i) For Makrana Area 380.00
stone (a-ii) For All other Area of Rajasthan 430.00
(b) Tiles having one dimension (width) 350.00
less than 35 cm:
2. Blocks 240.00
3. Irregular blocks processed by single wheel 130.00
cutters whose diameter is not more than
60 cm located within the State of
Rajasthan:
Provided that such blocks are not
processed in the factory premises where
other wheel cutters having diameter more
than 60 cm or Gangsaw of any design are
installed.
4. Karezi 65.00
5. Khanda / Karezi used in industries 90.00
6. Khanda used as masonary Stone
(i) Alwar, Bharatpur, Jaipur, Jhunjhunu and 30.00
Sikar districts
(ii) Other districts 23.00
6 Granite, (i) Blocks having any dimension more than 215.00 3.0
Diorite & 70 cm.
other igneous (ii) Blocks having no dimension more than 90.00 2.0
rock types 70 cm.
suitable for (iii) Khanda used as masonary Stone 2.0
polishing
(i) Alwar, Bharatpur, Jaipur, Jhunjhunu and 30.00
Sikar districts
(ii) Other districts 23.00]
7 Chips and Used for making chips and powder. 65.00 2.7
powder making
minerals like
Marble,
Dolomite,
Serpentine,
Rhyolite, Chert,
Limestone,
Quartzite etc.
Provided that no royalty shall be payable on marble slurry /
marble powder.

1. Substituted by Rajasthan Gazette Extraordinary dated 09/07/2015

127
 1
[8 Masonary Stone (a) Used as Khanda, ballast, road metal, 1.4
(Limestone, fatchere, gitty/ grit, papada, crusher dust,
Rhyolite, gravel, jhajhara, Quarry rubbish,
Quartzite, Granular Sub-Base (G.S.B.) etc. :-
Schist, Phyllites (i) Alwar, Bharatpur, Jaipur, Jhuhujhunu 30.00
etc.) and Sikar districts.
(ii) Other districts 23.00
(b) Used for making cobbles. 100.00]
9 Bajri, Kanker (a) Bajri, Kankar - 1.4
and ordinary
sand (i) Bharatpur, Jhunjhunu, Dholpur, Tonk and 35.00
Sikar districts.
(ii) Other districts 30.00
(b) Ordinary sand / ordinary earth used for -
(i) Manufacturing of Earthenwares, tiles etc. 12.00

(ii) Filling or leveling purposes in 3.00

construction of embankment, roads,
railways, buildings etc.
10 Brick earth, 25.00 1.4
Murram, Surkhi
11 Phyllite and Dimensional Stone used as Pati, kattla, 60.00 2.2
Schist roofing, flooring etc.
12 Fuller’s earth 100.00 1

13 Bentonite 110.00 1.2

14 Slate stone 120.00 2

15 Salt petre 2500.00 -

16 Ordinary clays 15.00 1.5

used for colour
washing

17 (a) Bricks earth, Used for special purposes in industry 120.00 1.4
Phyllite &
Schist, Sand
(including
Bajri)
(b) Shale, 100.00
Gneisses,
Quartzite, Clay
and any other
rocks/ minerals
used for special
purposes.

1. Substituted by Rajasthan Gazette Extraordinary dated 09/07/2015

128
 Part-B
18 Ball Clay i. Crude 60.00 -
ii. Processed 120.00
19 Barytes i. White 70.00 -
ii. Off Colour 55.00
20 Calcite 120.00 -

21 China Clay i. Crude 50.00 -

ii. Processed 400.00
22 Dolomite i. Blocks 240.00 -
ii. Khanda 90.00
23 Felspar i. Blocks 215.00 -
ii. Khanda 60.00
24 Fireclay 60.00 -

25 Gypsum 125.00 -

26 Jasper 100.00 -

27 Mica i. Crude 500.00 -

ii. Waste & scrap 80.00
28 Ochre 24.00 -

29 Pyrophyllite 75.00 -

30 Quartz 60.00 -

31 Quartzite Blocks used as flooring, tiling etc. 265.00 -

32 Silica Sand 70.00 -

33 Steatite or Talc i. Khanda 30.00 -

or Soapstone ii. Low Grade 75.00
iii. Talc Grade 350.00
34 Other minerals 12% of pit -
not specified mouth
above. value

Note: Marble Khanda / Lime Stone if used in Industries other than burning then royalty shall be
payable at the higher rate of minor mineral or major mineral whichever is higher.]

129
 1
[SCHEDULE-II

Dead rent on Minor Minerals

[See Rule 18 (3)]
S. No. Name of Mineral Rate of Dead rent in
Rs. Per ten square
meter or part thereof
Part-A
1 Dimensional stone:
(a) Sandstone, Limestone, Slate stone and other 70.00
Dimensional stones which have not been mentioned
anywhere in this schedule.

(b) Phyllite and schist 35.00

2 Mineral used for lime making:

(a) Limestone 60.00

(b) Lime Kanker, Dhandhla and jhajhara Kankar 25.00

3 Mineral used for making chips and powder:

Limestone, Marble, Chert, Serpentine, Rhyolite, Quartzite 60.00
and other rocks

4 Mineral used as Blocks and sawn as slabs and tiles:

(a) Marble, Serpentine and other rocks 100.00

(b) Granite, Diorite, Rhyolite, Dolorite and other rocks 60.00

5 Masonry stone and mineral used in construction works 30.00

such as ballast, road metal, brick earth, murrum, kankar,
bajri or surkhi etc.

5a Bajri when granted under mining lease by auction / tender 3.00

6 Other Minerals:
(a) Fuller’s earth 25.00

(b) Bentonite 45.00

(c) Saltpetre 15.00

(d) Ordinary white/ yellow/ red clays 20.00

7 Other minerals not specified above 50.00

1. Substituted by Rajasthan Gazette Extraordinary dated 24/04/2015

130
 Part-B
8 Ball Clay 30.00

9 Barytes 45.00

10 Calcite 30.00

11 China Clay 30.00

12 Dolomite 30.00

13 Felspar 25.00

14 Fireclay 30.00

15 Gypsum 30.00

16 Jasper 30.00

17 Mica 30.00

18 Ochre 30.00

19 Pyrophyllite 30.00

20 Quartz 25.00

21 Quartzite

i. Blocks 70.00

ii. Khanda 30.00

22 Silica Sand 30.00

23 Steatite or Talc or Soapstone 30.00

24 Other minerals not specified above 50.00

131
 SCHEDULE III

List of Associated Minerals

[See rule 11 (2)]

The Following minerals shall be treated as associated minerals within their respective groups:

1. Dimensional Stones

(a) Sandstone;
(b) Limestone;
(c) Phyllite and schist;
(d) Slate stone used as dimensional stones.

2. Mineral used as blocks and sawn as slabs and tiles.

(a) Marble;
(b) Dolomite;
(c) Rhyolite;
(d) Granite;
(e) Serpentine;
(f) Diorite and Dolorite;
(g) Any other rock used for slab or tile making.

3. Minerals used for lime burning.

(a) Limestone;
(b) Dolomite, Limestone;
(c) Marble fragments suitable for burning.

4. Minerals used for chips and powder burning.

(a) Limestone;
(b) Marble;
(c) Rhyolite;
(d) Chert;
(e) Serpentine;
(f) Dolomite and other rocks used for similar purpose.

5. Minerals used as masonry stone, road metals, ballast etc.

132
 1
[FORM No. 1-A

(To be submitted in triplicate)

APPLICATION FOR MINING LEASE
(See Rule 5)

To
Affix your
The Mining Engineer /
passport size
Assistant Mining Engineer,
photograph
Department of Mines and Geology,
Rajasthan………………………………

Sir,

1. I/We ……………………………………………………………………request you to

grant me/us Mining Lease for mineral……….over an area of………hectares for a
period of ……..years under the Rajasthan Minor Mineral Concession Rules, 1986.

2. I have deposited Rs……………..as the application fee payable under rule 5 vide
demand draft / treasury challan No…..........…..dated…................…..

3. Following are the required particulars:-

(A) Name of the applicant and address…………………………………

………………………………………………………………………

(B) Telephone No. Office …………… Residence ………….………

Fax No. ……………………….…. Cell No. ………………...….
Email address ………………………………………………...…….

(C) In case the applicant is an individual:

(1) Father’s Name/Husband’s Name
(2) Caste
(3) Occupation
(4) Nationality

(D) In case the applicant is Firm / Company / Association / Society:

(1) Kind of business
(2) Place of business
(3) Place of registration
(4) Nationality of Director/Partners

N.B. Please enclose copies of Certificate of Firm’s registration, Partnership-deed, Power

of Attorney, Certificate of Incorporation, Memorandum and Articles of Association and
resolution of Board of Directors about applying for mining lease.

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

133
4. Details of areas held by the applicant in Rajasthan

S. Name M.L. Mineral for Extent of area Period of lease Location

No. of No. which lease held (in From To of leased
Office is held hectares) area

5. Total area already acquired for the mineral applied for (in hectares)..............….

6. Details of applications already submitted / applied simultaneously:-

1. ……………………………………………………………………
2. ……………………………………………………………………
3. ……………………………………………………………………

7. Are you intending to set up a mineral based industry in the area and consuming this
mineral as raw material. (If so, give particulars of the same.)
……………………………………………….……..…

8. Category to which the applicant belongs (as specified in rules) (Please attach
necessary certificates)
…………..……………………………………..…….

9. (a) Please enclose plan and description report of the applied area with reference to the
nearest permanent feature and showing length and bearing of all the lines along
with latitude and longitude of reference point.
......……………………………………….……....….

(b) Please enclose a copy of khasra map covering the applied area and a copy of
Revenue jamabandi to indicate the status of applied area i.e. to indicate whether
the applied area is Khatedari Land / Government Land / Forest Land / Abadi Land
/ Charagah / Catchment area of any Dam / Tank etc.
………………………………………………….…….

10. Number and date of no dues certificate in respect of payment of mining dues (Copy
attached). …………………………………………………..………

(If on the date of application the applicant does not hold a prospecting licence /
mining lease / contract etc., an affidavit to this effect shall be enclosed)

11. Please indicate the distance of the following from the applied area:

(a) Any important tank or dam falling within 1.00Km. radius of applied area.
……………………………………….……………………….

134
 (b) Any important temple, mosque or any other place of worship or place of
archaeological, tourist importance including burial ground etc. falling within 1.00
Km. radius of the applied area. ……….…………………..

(c) Any river, canal / pucca road / rail line passing within 1.00 Km. radius of the
applied area. ………………………………….……………………..

(d) Any permanent structure like power line/Microwave tower/water reservoir etc.
within a radius of 1.00 Km. from the applied area. ..………

12. Please indicate if the applied area has been notified by the Government or by any
local authority for any other public or special purposes, give details.……

13. Self attested copy of anyone of the following document is to be enclosed –

(i) Copy of PAN Card;

(ii) Copy of Driving Licence;
(iii) Copy of Voter Identification Card;
(iv) Copy of Passport
(v) Bank Pass Book

I / We declare that particulars given above are correct and I / We will furnish any other
details required in the connection on demand.

Yours Faithfully

Signature of applicant

Submitted by
Signature …………………..
Name & Address
……………………………….
Place:_____________
Date:_____________

Note: 1. The information from para 9 (b) to 11 is required to have an idea of the status
and the surface features of the applied area. The said information shall be furnished
within a period of 30 days of the presentation of the application failing which the
application shall be liable to be rejected.

Note: 2. The restrictions on the grant of mining lease will remain the same as envisaged
in chapter II of these rules.]

135
 1
[FORM NO. 1-B
(To be submitted in triplicate)
APPLICATION FOR RENEWAL OF MINING LEASE
[See Rule 5]

To
Affix your
The Mining Engineer /
passport size
Assistant Mining Engineer,
photograph
Department of Mines and Geology,
Rajasthan………………………………

Sir,

1 I/We ............................................................. request you to grant me / us renewal of

Mining Lease No........................... (existing lease period from .............. to .................)
for mineral ................................ over an area of.............................hectares for a period
of..............years from...................to.......................under the Rajasthan Minor Mineral
Concession Rules, 1986.

2 I have deposited Rs. ............................as the application fee payable under Rule 5 and
Rs. .......................... as the penalty payable under rule 17 vide demand draft / treasury
Challan No...........................dated..................................

3 Following are the required particulars:-

(A) Name of the applicant and address ……………………….………
…………………………………………………………………….
(B) Telephone No. Office …………………… Residence …..………
Fax No. ………………………… Cell No. …..…………………..
Email address ……………………………………………………..

(C) In case the applicant is an individual:

(1) Father’s Name/Husband’s Name
(2) Caste
(3) Occupation
(4) Nationality

(D) In case the applicant is Firm / Company / Association / Society:

(1) Kind of business
(2) Place of business
(3) Place of registration
(4) Nationality of Director/Partners
N.B. Please enclose copies of Certificate of Firm’s registration, Partnership-deed,
Power of Attorney, Certificate of Incorporation, Memorandum and Articles of
Association and resolution of Board of Directors about applying for renewal of
mining lease.

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

136
4 Details of areas held by the applicant in Rajasthan

S. Name of M.L Mineral for Extent of Period of Locatio

No. Office . which lease area held (in lease n of
No. is held hectares) From To lease
1 2 3 4 5 6 7

5. Have you set up a mineral based industry for consumption of the mineral. It so, give
details of location, annual requirement of minerals and various resources from where
raw material is being procured at present including the quality of mineral used from
the existing lease. ………………………………

6. Are you intending to set up a mineral based industry in the area and consuming this
mineral as raw material. (If so, give particulars of the same.)
…………………………………………..…………….

7. Year wise details of the production and amount of excess royalty / dead rent paid to
the department during last five year (excluding the last year) of the lease.

S. Year Annual Quantity of mineral Amount of Remarks

No. dead rent (In Tonnes) Excess royalty
(In Rs.) Raised Despatched paid (In Rs.)
1 2 3 4 5 6 7

8. (a) Please enclose plan and description report of the area applied for renewal with
reference to the nearest permanent feature and showing length and bearing of all the
lines along with latitude and longitude of reference point.
………………………………..…………
(b) Please enclose a copy of khasra map covering the applied area and a copy of
revenue jamabandi to indicate the status of applied area i.e. to indicate whether the
applied area is Khatedari Land / Government Land / Forest Land / Abadi Land /
Charagah / Catchment area of any Dam / Tank etc.
……….……………………..…………

9. Number and date of no dues certificate in respect of payment of mining dues (Copy
attached). ………………..…………………………

(If on the date of application the applicant does not hold a prospecting licence/
mining lease/contract etc., an affidavit to this effect shall be enclosed)

137
10. Self attested copy of anyone of the following document is to be enclosed -

(i) Copy of PAN Card;

(ii) Copy of Driving Licence;
(iii) Copy of Voter Identification Card;
(iv) Copy of Passport
(v) Bank Pass Book

I / We declare that particulars given above are correct and I / We will furnish any other
details required in this connection on demand.

Yours faithfully,

……………………………….……………….

(Signature of lessee / Power of Attorney Holder)

Submitted by

Signature ……………………………………..

Name & Address …………………………….

Place: _____________
Date: _____________ ]

138
 1
[FORM NO. 1-C

APPLICATION FOR GRANT OF QUARRY LICENSE

[See Rule 23]

To
The Mining Engineer/ Affix your
passport size
Assistant Mining Engineer,
Department of Mines and Geology, photograph
Rajasthan…………………………

Sir,

1 I/We …………………………………………….. request you to grant me / us quarry

license for mineral……………over Plot No………….. in an area (name of boundary)
………………………………….............….for a period of…………years under the
Rajasthan Minor Mineral Concession Rules, 1986.

2 I have deposited Rs…………….. as the application fee payable under rule 23 vide
demand draft / treasury Challan No…………Receipt No………….dated……………

3 Following are the required particulars:-

(A) Name of the applicant and address ……………………….………

…………………………………………………………………….
(B) Telephone No. Office …………………… Residence …..………
Fax No. ………………………… Cell No. …..…………………..
Email address ……………………………………………………..

(C) In case the applicant is an individual:

(1) Father’s Name/Husband’s Name
(2) Caste
(3) Occupation
(4) Nationality

(D) In case the applicant is Firm/Company/Association/Society:

(1) Kind of business
(2) Place of business
(3) Place of registration
(4) Nationality of Director/Partners

N.B. Please enclose copies of Certificate of Firm’s registration, Partnership-deed,

Power of Attorney, Certificate of Incorporation, Memorandum and Articles of
Association and resolution of Board of Directors about applying for quarry license.

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

139
4 Details of areas held by the applicant in Rajasthan

S. Name M.L Mineral for Extent of Period of Locatio

No. of ./ which lease/ area held lease/ licence n of
Office Q.L. licence is held (in From To lease/
No. hectares) licence
1 2 3 4 5 6 7

5 Total area already acquired for the mineral applied for (in hectares) …...…….

6. Details of applications already submitted/ applied simultaneously

1. …………………………………………………………………….
2. …………………………………………………………………….
3. …………………………………………………………………….

7. 1[Category to which the applicant belongs [see rule 22(3)] (Please attach necessary
certificates)................................................................................................................]

8. Are you intending to set up a mineral based industry in the area using this mineral as
raw material. (If so give particulars of the same)

9. Self attested copy of anyone of the following document is to be enclosed -

(i) Copy of PAN Card;
(ii) Copy of Driving Licence;
(iii) Copy of Voter Identification Card;
(iv) Copy of Passport
(v) Bank Pass Book

I / We declare that particulars given above are correct and I / We will furnish
any other details required in this connection on demand.

Yours Faithfully

Signature of applicant
Submitted by

Signature ………………………..
Name & Address
……………………………..…….
Place:_____________
Date:_____________ ]

1. Substituted by Rajasthan Gazette Extraordinary dated 12/07/2013

140
 1
[FORM No. 1-D

(To be submitted in triplicate)

APPLICATION FOR PROSPECTING LICENCE
(See Rule 3-B (1))

To
Affix your
The Mining Engineer/ passport size
Assistant Mining Engineer, photograph
Department of Mines and Geology,
Rajasthan…………………………

Sir,

1. I/We……………………………… request you to grant me / us Prospecting Licence

for mineral……......….over an area of……………hectare for a period of ….…..years
under the Rajasthan Minor Mineral Concession Rules, 1986.

2. I have deposited Rs…..............…….as the application fee payable under rule 3B vide
demand draft / treasury challan No…………..dated…………….…..

3 Following are the required particulars:-

(A) Name of the applicant and address ……………………….………
…………………………………………………………………….
(B) Telephone No. Office …………………… Residence …..………
Fax No. ………………………… Cell No. …..…………………..
Email address ……………………………………………………..
(C) In case the applicant is an individual:
(1) Father’s Name/Husband’s Name
(2) Caste
(3) Occupation
(4) Nationality
(D) In case the applicant is Firm/Company/Association/Society:
(1) Kind of business
(2) Place of business
(3) Place of registration
(4) Nationality of Director/Partners

N.B. Please enclose copies of Certificate of Firm’s registration, Partnership-deed, Power

of Attorney, Certificate of Incorporation, Memorandum and Articles of Association and
resolution of Board of Directors about applying for Prospecting Licence.

4. Particulars of the mineral-wise areas held / applied by the applicant in the State.
(Details to be enclosed in separate sheet.)

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

141
5. Please indicate the distance of the following from the applied area:

(a) Any important tank or dam falling within 1.00Km. radius of applied area.
………………………………….…

(b) Any important temple, mosque or any other place of worship or place of
archaeological, tourist importance including burial ground etc. falling within 1.00
Km. radius of the applied area. ……….……………………

(c) Any river, canal / pucca road / rail line passing within 1.00 Km. radius of the
applied area. ………………………….…………………………

(d) Any permanent structure like power line/Microwave tower/water reservoir etc.
within a radius of 1.00 Km. from the applied area .……………………………

6. Category to which the applicant belongs (as specified in rules) (Please attach
necessary certificates). ………………….…………………………………

7. (a) Please enclose plan and description report of the applied area with reference to the
nearest permanent feature and showing length and bearing of all the lines along
with latitude and longitude of reference point as well as the corner pillars.
(b) Please enclose a copy of khasra map covering the applied area marked on it and a
copy of Revenue jamabandi to indicate the status of applied area i.e. to indicate
whether the applied area is Khatedari Land / Government Land/Forest Land /
Abadi Land / Charagah / Catchment area of any Dam / Tank etc. ………………

8. Number and date of no dues certificate in respect of payment of mining dues (Copy
attached). ……………………………………
(If on the date of application the applicant does not hold a prospecting licence /
mining lease / contract etc., an affidavit to this effect shall be enclosed)

9. Self attested copy of anyone of the following document is to be enclosed -

(i) Copy of PAN Card;
(ii) Copy of Driving Licence;
(iii) Copy of Voter Identification Card;
(iv) Copy of Passport;
(v) Bank Pass Book;

I / We declare that particulars given above are correct and I / We will furnish any other
details required in the connection on demand.
Yours Faithfully

Signature of applicant
Submitted by
Place:_____________ Signature ………………………..
Name & Address
Date:_____________ …………………………………. ]

142
 1
[FORM NO. 1-E

(To be submitted in triplicate)

APPLICATION FOR RENEWAL OF PROSPECTING LICENCE
[See Rule 3-B (1)]
To,

The Mining Engineer / Assistant Mining Engineer,

Department of Mines & Geology,
Rajasthan ………………………….

Sir,
1. I/We ………………………………………………………………. request you to
grant me / us renewal of Prospecting Licence No. ………………. (existing period
from …………… to …..………… ) for mineral ……………………….. over an
area of ............. hectares for a period of…….……..years from …………………..
to……………….. under the Rajasthan Minor Mineral Concession Rules, 1986.

2. I have deposited Rs………………. as the application fee payable under Rule 3(B)
and Rs……………. as penalty under Rule 3(C) (4) vide demand draft / treasury
Challan No…………………..dated…………………

3. Name of the applicant with complete address …………………………………….

……………………………………………………………………………………..
Telephone No. Office ……………… Residence …………………………………
Fax No. …………………………….. Cell No. …………………………………...
Email address ……………………………………………………………………...

4. Reasons for which renewal is desired. ……………………………………………

……………………………………………………………………………………..

5. In case the renewal applied for is only for part of the area held under prospecting
licence.

(a) The area applied for renewal. ……………………………………………..

(b) Description of the area applied for renewal (description should be adequate
for the purposes a demarcating the plot) along with latitude and longitude
of reference point as well as the corner pillars. …………………………….
……………………………………………………………………………….

(c) Composite map of area held and applied for renewal ………………………

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

143
6. (a) Does the applicant continue to have the surface right over the areas of the
land for which he requests renewal of a prospecting licence?

(b) If not, has he obtained the consent of the owner and the occupier for
undertaking prospecting operations ? If so, the consent of the owner and
occupier of the land obtained in writing should be filed.

7. No. and date of no dues certificate ………………….. (copy enclosed).

8. Self attested copy of anyone of the following document is to be enclosed

(i) Copy of PAN Card;

(ii) Copy of Driving Licence;
(iii) Copy of Voter Identification Card;
(iv) Copy of Passport;
(v) Bank Pass Book;

9. Any other particulars which the applicant may wish to furnish.

I / We declare that particulars given above are correct and I / We will furnish any other
details required in this connection on demand.

Yours faithfully,

(Signature of licensee / Power of Attorney Holder)

Submitted by
Signature ………………………..
Name & Address
………………………………….
………………………………….
Place:_____________
Date:_____________

Note: If application is signed by Power of Attorney Holder then enclosed copy of Power
of Attorney.]

144
 1
[FORM NO. 1-F
APPLICATION FOR BID IN AUCTION FOR RCC / ERCC
[See rule 34(v) (A)]

1. Contract Type RCC/ERCC :

2. Contract Area :
3. Mineral :
4. Contract Period :
5. Reserve Price :
6. Bidders Name :

Registration No. and Validity

(i) For individual :

Father’s Name- :
Complete Postal address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(ii) For Partnership Firm / Company / :

Association of persons
Complete Postal Address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(iii) Details of Power of Attorney holder :

Name :
Father’s Name- :
Complete Postal address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

145
 7. Details of Earnest Money :
Banker’s cheque/Draft No./ Date/ :
Amount

Note: The earnest money shall be as follows:

(a) For bid up to Rs. 1 lac : 10,000/-
(b) For bid above Rs.1 Lac & up to Rs.5 : 50,000/-
lacs
(c) For bid above Rs. 5 lacs & up to Rs. 10 : 1,00,000/-
lacs
(d) For bid above Rs.10 lacs, : 1,00,000/-+ one lac
for each additional
bid of Rs.10 lacs or
part thereof.
8. Details of mining leases / prospecting :
licences / RCC / ERCC Contracts / any
other concession held by bidder / all
partners/ all directors

9. Enclosures:- :

(i) An attested copy of registration of : Yes / No

contactor as per rule 32(4) for RCC /
ERCC contract.

(ii) An affidavit of bidder / all partners of : Yes / No

firm / all directors of company
regarding no dues, affidavit should not
be older then 15 days.

(iii) Power of attorney / copy of resolution, : Yes / No

whichever is applicable.

I / We declare that particulars given are correct and I / We, will furnish any other details
required in this connection. I / We, further declare that all the terms and condition of the
bid have been read out and I / We accept all the terms and conditions of the bid.

Signature of the bidder / POA]

146
 1
[FORM NO. 1-G

APPLICATION FOR MINING LEASE

[See rule 34(v) (A)]

1. Particulars of area : Affix your

2. Tehsil / district : passport size
3. Mineral : photo (For
4. Reserve Price : individuals
5. Bidders Name : only)

(i) For individual :

Father’s Name :
Complete Postal address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(ii) For Partnership Firm / Company / Society :

Complete Postal Address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(iii) Details of Power of Attorney holder :

Name :
Father’s Name :
Complete Postal address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

1. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012

147
 6. Details of application Fee (which is non- :
refundable) (As per rule 5)
Banker’s cheque / Draft / Treasury Challan :
No. / Date / Amount:
7. Details of Earnest Money :

Banker’s cheque / Draft No. / Date / Amount :

Note: The earnest money shall be as follows:

(a) For bid up to Rs. 1 lac :
10,000/-
(b) For bid above Rs.1 Lac & up to Rs.5 lacs :
50,000/-
(c) For bid above Rs. 5 lacs & up to Rs. 10 lacs :
1,00,000/-
(d) For bid above Rs.10 lacs, :
1,00,000/-+ one lac for
each additional bid of
Rs.10 lacs or part
thereof.
Note:- Difference of earnest money for bidding within one next slab above shall
only be accepted during the course of auction.
8. Details of mining leases/ prospecting :
licences/ RCC/ ERCC Contracts/ any other
concession held by bidder/ all partner/ all
director

9. Enclosures :

(i) An affidavit of bidder / all partners of firm / : Yes / No

all directors of company regarding no dues,
affidavit should not be older then 15 days.

(ii) Power of attorney / firm registration : Yes / No

certificate / partnership deed / certificate of
incorporation and memorandum of articles
of association & copy of resolution,
whichever is applicable.
(iii) PAN CARD, Address Proof : Yes / No

I / We, declare that particulars given are correct and I / We, will furnish any other details
required in this connection. I / We, further declare that all the terms and condition of the
bid have been read out and I / We, accept all the terms and conditions of the bid.

Signature of the bidder / POA]

148
 1
[FORM No. 1-H

APPLICATION FOR TENDER FOR RCC / ERCC

[See rule 35(iv)]

1. Contract Type RCC/ ERCC :

2. Contract Area :
3. Mineral :
4. Contract Period :
5. Reserve Price :
6. Tenderers Name :

Registration No. and validity :

(i) For individual :

Father’s Name
Complete Postal address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(ii) For Partnership Firm / Company / Association :

of persons
Complete Postal Address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(iii) Details of Power of Attorney holder :

Name :
Father’s Name- :
Complete Postal address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

149
 7. Tender Amount (Yearly) :
In figures :

In words :

8. Details of Earnest Money :

Banker’s cheque/Draft No./ Date/ Amount :

Note: The earnest money shall be 10% of tender amount mentioned by the tenderer
at serial number 7 of this form.

9. Details of mining leases/ prospecting licences/ :

RCC/ ERCC Contracts/ any other concession
held by tenderer/ all partners/ all directors

10. Enclosures :

(i) An attested copy of registration of contactor as : Yes / No

per rule 32(4) for RCC/ERCC contract.

(ii) An affidavit of tenderer/ all partners of firm/ : Yes / No

all directors of company regarding no dues,
affidavit should not be older then 15 days.

(iii) Power of attorney/ copy of resolution, : Yes / No

whichever is applicable.

I / We declare that particulars given are correct and I / We will furnish any other details
required in this connection. I /We, further declare that all the terms and condition of the
bid have been read out and I/We accept all the terms and conditions of the bid.

Signature of the bidder/POA]

150
 1
[FORM NO. 1-I

APPLICATION FOR MINING LEASE

[See rule 35(iv)]

1. Particulars of area : Affix your

2. Tehsil / district : passport size
3. Mineral : photo (For
4. Reserve Price : individuals
only)
5. Tenderers Name :

(i) For individual :

Father’s Name :
Complete Postal address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(ii) For Partnership Firm / Company :

/ Society
Complete Postal Address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(iii) Details of Power of Attorney :

holder
Name :
Father’s Name- :
Complete Postal address

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

1. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012

151
6. Details of application Fee (which :
is non-refundable)
(As per rule 5)
Banker’s cheque / Draft / :
Treasury Challan No. / Date /
Amount
7. Details of Earnest Money :
Banker’s cheque/Draft No./ :
Date/ Amount
8. Tender Amount (One time :
premium offered in addition to
yearly dead rent payable as per
rules)
In figures :

In words :

Note: The earnest money shall be 10% of tender amount mentioned by the
tenderer at serial number 7 of this form.
8. Details of mining leases / :
prospecting licenses / RCC /
ERCC Contracts / any other
concession held by tenderer / all
partners / all directors
9. Enclosures :
(i) An affidavit of tenderer / all : Yes / No
partners of firm / all directors of
company regarding no dues,
affidavit should not be older then
15 days.
(ii) Power of attorney / firm : Yes / No
registration certificate /
partnership deed / certificate of
incorporation and memorandum
of articles of association &
copy of resolution, whichever is
applicable.
(iii) PAN CARD, Address Proof : Yes / No

I / We, declare that particulars given are correct and I / We, will furnish any other details
required in this connection. I / We, further declare that all the terms and condition of the
bid have been read out and I / We, accept all the terms and conditions of the bid.

Signature of the bidder/POA]

152
 1
[FORM NO. 1-J

APPLICATION FOR FRESH / RENEWAL OF REGISTRATION

[See rule 32-A (1)]
To,

The Additional Director (Mines),

Department of Mines & Geology,
………………… (Rajasthan)

Sub: For registration of a contractor to participate in auction/tender for grant of

contract to collect royalty/excess royalty with or without permit fee/other
charges.
Sir,
1. With reference to above, I / we / am / are submitting following information to
register me / us as a contractor for class A / B / C.

2. (A) Name of the applicant and address

(B) Telephone No. Office ……..……… Residence ……………….
Fax No. …………………………. Cell No. …..……………..
Email address ………………………………………………….

(C) In case the applicant is an individual:

(1) Father’s Name/Husband’s Name

(2) Caste
(3) Occupation
(4) Nationality

(D) In case the applicant is Firm/Company/Association of persons/Society:

(1) Kind of business

(2) Place of business
(3) Place of registration
(4) Nationality of Director/Partners

N.B. Please enclose copies of Certificate of Firm’s registration, Partnership-deed,

Power of Attorney, Certificate of Incorporation, Memorandum and Articles of
Association and resolution of Board of Directors about applying for registration of
contract.

3. Present business : …………………………………………….

…………………………………………….

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

153
4. Experience of various contracts / M.L. / Q.L. in the Mines Department for last
five years:

S. Particulars of Area Mineral Period Jurisdiction

No. contract/ML/QL of ME/AME
1
2
3
4
5

Note: 1. Enclose no dues certificate issued from AME/ME of the particular jurisdiction.

2. Please attach separate sheet for more details, if any.

5. Details of held contracts/ML/QL in the name of applicant and his family members
and partners of firm/director of co./association of persons :

S.No. Particulars of Area Mineral Period Jurisdiction

contract/ML/QL of ME/AME
1
2
3
4

Note: 1. Enclose no dues certificate issued from AME/ME of the particular jurisdiction.

2. Please attach separate sheet for more details, if any.

6. Enclose net worth certificate of Chartered Accountant for value of Rs.

____________ as per performa attached with form.

7. Enclosed security amount in form of FDR / NSC for due observance of terms and
conditions of tender/auction pledged in favour of Additional Director (Mines)
___________ FDR / NSC No. ____________ dated _____________ issued from
________________ for a period of ___________ years.

8. Properly sworn affidavit stating that:

(a) No dues of the Department is outstanding against the applicant and family
members.

(b) The applicant is financially sound and fully capable to run such contracts.

(c) The information furnished by an applicant is true and correct.

154
 (d) In case of breach of any terms and conditions of tender/ auction of contract, or
if any information furnished will found incorrect, the department may cancel
the registration and impose penalty with forfeiture of security amount after
serving 15 days notice to the contractor.

9. Self attested copy of anyone of the following document is to be enclosed

(i) Copy of PAN Card;

(ii) Copy of Driving Licence;
(iii) Copy of Voter Identification Card;
(iv) Copy of Passport;
(v) Bank Pass Book;

10. Any other particulars which the applicant may wish to furnish Enclosures

1. Demand Draft of Rs. ___________

2. F.D.R./N.S.C. of Rs. ___________
3. Affidavit
4. Net worth certificate issued by Chartered Accountant
5. Papers of property mentioned in Net worth certificate
6. Any other documents as per item number 2

Yours faithfully,

(Applicant)
Dated: ___________ ]

155
 1
[CERTIFICATE
(To be enclosed with Form 1-J)

We have verified the statement of assets and liabilities of Mrs. / Mr. / M/s.
________________________________ on the basis of our information and according to
the explanations furnished to us. We certify that the net worth of Mrs. / Mr. / M/s.
______________________ is as under (Amount Rs. In Lacs)

Assets Sub Total Basis of

total valuation
A. 1. Immovable Assets
(a)
(b)
(c)
(d)

Provide complete details of immovable property including description, location,

land area, built up area etc.

2. Movable assets
(a) Investments
(b) Loans & advance / receivable
(c) Cash and bank balances
(d) Any other assets
Total assets (A)

B. Liabilities
a) Secured loans
(b) Unsecured loans and deposits
(c) Other liabilities
Total liabilities (B)

C. Net worths (A-B)

The above furnished information has been verified by us on the basis indicated above.

For Chartered Accountants

( )
Partner / Proprietor,
M. No. ________

Note: The basis of valuation should be mentioned in detail like the 1. valuable report of
approved velour, 2. income tax records, 3. original title deeds, 4. balance
sheet as submitted with income tax or 5. audited balance sheet etc. ]

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

156
 1
[FORM N0. 1-K

APPLICATION FOR RENEWAL OF QUARRY LICENSE

[See Rule 26(2)]

To
The Mining Engineer / Affix your
Assistant Mining Engineer, passport size
Department of Mines and Geology, photograph
Rajasthan………………………

Sir,
1. I/We------------------------------request you to grant me / us renewal of quarry license
No. ……..for mineral---------------over Plot No. --------- in an area (name of
boundary) …………………….for a period of----------years from ……………. to
………….… under the Rajasthan Minor Mineral Concession Rules, 1986.

2. I have deposited Rs.--------------as the application fee payable under rule 26 (4)
and Rs. …… as penalty payable under rule 26 (5) and 26 (7) vide demand draft /
treasury Challan No.---------Receipt No.--------dated--------

3. Following are the required particulars:-

(A) Name of the applicant and address ……………… …………….
(B) Telephone No. Office …………… Residence ……………….
Fax No. ………………………..…. Cell No. ……………..…..
Email address …………………………………………….……..
(C) In case the applicant is an individual:

(1) Father’s Name/Husband’s Name

(2) Caste
(3) Occupation
(4) Nationality

(D) In case the applicant is Firm/Company/Association/Society:

(1) Kind of business

(2) Place of business
(3) Place of registration
(4) Nationality of Director/Partners

N.B. Please enclose copies of Certificate of Firm’s registration, Partnership-deed,

Power of Attorney, Certificate of Incorporation, Memorandum and Articles of
Association and resolution of Board of Directors about applying for renewal of quarry
license.

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

157
4. Details of areas held by the applicant in Rajasthan

S. Name of M.L. / Mineral for Extent of Period of Location

No. Office Q.L. which lease / area held lease / of lease /
No. licence is held (in licence licence
hectares) From To
1 2 3 4 5 6 7 8

5. Total area already acquired for the mineral applied for (in hectares) ……

6. Details of applications already submitted/ applied simultaneously

1. ------------------------------------------------------------------------------
2. ------------------------------------------------------------------------------
3. ------------------------------------------------------------------------------

7. Category to which the applicant belongs (please attach necessary certificates )

(i) Manual workers employed in mines, belonging to Schedule Caste

(ii) Manual workers employed in mines, belonging to Schedule Tribes
(iii) Manual workers employed in mines, belonging to Other Backward
Classes / Special Backward Class
(iv) Manual workers employed in mines other than Schedule Caste /
Schedule Tribes / Other Backward Classes / Special Backward Class
(v) Persons belonging to Schedule Caste
(vi) Persons belonging to Schedule Tribes
(vii) Persons belonging to Other Backward Classes / Special Backward
Class
(viii) Persons selected under Integrated Rural Development Programme or
Antyodaya Yojna / Below Poverty Line of the State Government
(ix) Village artisans and land-less labourers
(x) Ex-soldiers including members of para military forces belonging to
Rajasthan who have been permanently disabled and the dependents of
those who have died while in service.
(xi) Rajasthan State Government servants who have become permanently
disabled while on duty or the dependents of those who have died while
in service.
(xii) Registered society for the unemployed youth
(xiii) Other applicants

8. Are you intending to set up a mineral based industry in the area using this mineral
as raw material. (If so give particulars of the same)

158
9. Self attested copy of anyone of the following document is to be enclosed

(i) Copy of PAN Card;

(ii) Copy of Driving Licence;
(iii) Copy of Voter Identification Card;
(iv) Copy of Passport
(v) Bank Pass Book

I / We declare that particulars given above are correct and I / We will furnish any
other details required in this connection on demand.

Yours Faithfully

Signature of applicant

Submitted by
Signature ………………………..
Name & Address ………………..
……………………………..…….
Place:_____________
Date:_____________

159
 1
[FORM No. 1-L

(To be submitted in triplicate)

APPLICATION FOR MINING LEASE
(See Rule 5)

To Affix your
The Mining Engineer / passport size
Assistant Mining Engineer, Photo (For
Department of Mines and Geology, individuals
Rajasthan……………………………… only)
Sir,

1. I/We ……………………………………………………………………request you to

grant me / us Mining Lease for mineral…..............…….over plot no......................
N/V............................ as advertised in news paper ...................... dated ............... for a
period of …….…..years under the Rajasthan Minor Mineral Concession Rules, 1986.

2. I have deposited Rs…………….. as the application fee payable under rule 5 vide
demand draft / treasury challan No………………………..dated…………….…..

3. Following are the required particulars:-

(A) Name of the applicant and address…………………………………

………………………………………………………………………
(B) Telephone No. Office …………… Residence ………….………
Fax No. ……………………….…. Cell No. ………………...….
Email address ………………………………………………...…….

(C) In case the applicant is an individual:

(5) Father’s Name / Husband’s Name
(6) Caste
(7) Occupation
(8) Nationality

(D) In case the applicant is Firm / Company / Association / Society:

(1) Kind of business
(2) Place of business
(3) Place of registration
(4) Nationality of Director / Partners

N.B. Please enclose copies of Certificate of Firm’s registration, Partnership-deed, Power

of Attorney, Certificate of Incorporation, Memorandum and Articles of Association and
resolution of Board of Directors about applying for mining lease.

1. Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012

160
4. Details of areas held by the applicant in Rajasthan

S. Name M.L. Mineral for Extent of area Period of lease Location

No. of No. which lease held (in From To of leased
Office is held hectares) area

5. Total area already acquired for the mineral applied for (in hectares)..............….

6. Details of applications already submitted / applied simultaneously

1. ………………………………………………………………………..
2. ………………………………………………………………………..
3. ………………………………………………………………………..

7. Are you intending to set up a mineral based industry in the area and consuming this
mineral as raw material. (If so, give particulars of the same.) .....……………………

8. Category to which the applicant belongs (as specified in rule 7) (Please attach
necessary certificates) .............…………..……………………………………..…….

9. Number and date of no dues certificate in respect of payment of mining dues (Copy
attached). ……………………………………………..........................……..………

10. Any other matter needed to be mentioned…………..………...................…………

(If on the date of application the applicant does not hold a prospecting licence /
mining lease / contract etc., an affidavit to this effect shall be enclosed)

11. Self attested copy of PAN Card and anyone of the following document is to be
enclosed as address proof –
(i) Copy of Driving Licence;
(ii) Copy of Voter Identification Card;
(iii) Copy of Passport;
(iv) Bank Pass Book;

I / We declare that particulars given above are correct and I / We will furnish any other
details required in the connection on demand.
Yours Faithfully
Applicant / PoA

Signature …………………..
Place:_____________ Name & Address
Date:_____________ ……………………………...]

161
 1
[FORM NO. 1-M

APPLICATION FOR QUARRY LICENCE

[See rule 23(1)]

1. Particulars of area : Affix your

2. Tehsil / district : passport size
3. Mineral : photo (For
4. Reserve Price : individuals
only)
5. Bidders Name :

(i) For individual :

Father’s Name :
Complete Postal address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(ii) For Partnership Firm / Company :

/ Society
Complete Postal Address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

(iii) Details of Power of Attorney :

holder
Name :
Father’s Name :
Complete Postal address :

Telephone No. :
Cell No. :
Fax No. :
PAN No. :
Bank name & Account No. :

1. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012

162
6. Details of Fee (which is non- :
refundable)
(As per rule 23(2))
Banker’s cheque / Draft / :
Treasury Challan No. / Date /
Amount
7. Details of Earnest Money :
Banker’s cheque / Draft No. / :
Date / Amount
Earnest money shall be 10% of tender amount (Annual License Fees)
mentioned by the tenderer at serial number 8 of this form
8. Tender amount (Yearly license :
fee exclusive of royalty offered
by tenderer)
In figures :

In words :

9. Details of quarry licenses / :

mining leases / prospecting
licenses / RCC/ ERCC Contracts
/ any other concession held by
bidder / all partner / all director
10. Enclosures :
(i) An affidavit of bidder / all : Yes / No
partners of firm / all directors of
company regarding no dues,
affidavit should not be older then
15 days.
(ii) Power of attorney / firm : Yes / No
registration certificate /
partnership deed / certificate of
incorporation and memorandum
of articles of association &
copy of resolution, whichever is
applicable.
(iii) PAN CARD, Address Proof : Yes / No

I / We, declare that particulars given are correct and I / We, will furnish any other details
required in this connection. I / We, further declare that all the terms and condition of the
bid have been read out and I / We, accept all the terms and conditions of the bid.

Signature of the bidder / POA]

163
 GOVERNMENT OF RAJASTHAN
DEPATMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO. 2

ACKNOWLEDGEMENT OF APPLICATION FOR GRANT / RENEWAL OF

MINING LEASE
[See Rule 6]

S.No._________________ Date ___________________

Received the application with the following enclosures for the mining lease /

renewal of mining lease of Shri / Sarva Shri ---------------------------------------------------

on ---------------- 20---------- for ------------- hectares of land located in district -------------

for mining --------------- mineral / minerals.

Enclosures:-
---------------------------------
---------------------------------
---------------------------------
---------------------------------

Signature & designation

of receiving officer
Place: ------------------
Date: ------------------

164
 1
[GOVERNMENT OF RAJASTHAN
DEPATMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO. 2-A

ACKNOWLEDGEMENT OF APPLICATION FOR GRANT / RENEWAL OF

PROSPECTING LICENCE
[See Rule 3-B (3)]

S.No._________________ Date ___________________

Received the application with the following enclosures for the Prospecting

Licence / renewal of Prospecting Licence of Shri / Sarva Shri ---------------------------------

-------------------------- on ---------------- 20------ for ------------- hectares of land located

n/v ……….…………………….. tehsil ………………………... district …………… for

prospecting …………………… mineral / minerals.

Enclosures:-

---------------------------------
---------------------------------
Signature & designation
of receiving officer
Place: ------------------
Date: ------------------

Submitted by
Signature ………………………..
Name & Address
………………………………….
………………………………….
Place:_____________
Date:_____________ ]

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

165
 GOVERNMENT OF RAJASTHAN
DEPATMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO. 3

REGISTER FOR MINING LEASE APPLICATIONS

[See Rule 10 (1)]

S. Name of applicant with Caste and Present Date of

No. father’s / husband’s name and Occupation Address Application
permanent address
1 2 3 4 5

Date of receipt of Area applied along Period of lease Mineral / Minerals

application with Description applied applied
6 7 8 9

Order No. & Date of Whether for grant or Signature of Remarks

grant / rejection renewal officer
10 11 12 13

166
 1
[GOVERNMENT OF RAJASTHAN
DEPATMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO. 3-A

REGISTER FOR PROSPECTING LICENCE APPLICATIONS

[See Rule 3-L (1)]

S. Date of Date of Name of applicant with Area Mineral /

No Application receipt of father’s / husband’s applied minerals
application name and along with applied
permanent address Description
1 2 3 4 5 6

Application fee Period of Order No. & Signature of Remarks

details prospecting Date of officer
licence applied grant/rejection
7 8 9 10 11

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

167
 GOVERNMENT OF RAJASTHAN
DEPATMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO. 4

REGISTER FOR MINING LEASES

[See Rule 10 (2)]

S. No. Name of grantee with Caste and Date of receipt of

Father’s / husband’s name occupation application
and address
1 2 3 4

Area Granted with Mineral / Order No. & Date of Period of

description Minerals Grant / renewal Lease/renewal
under lease
5 6 7 8

Amount of dead rent Security Name of transferee with Date of transfer

Original / revised deposited Father’s / husband’s name
& address
9 10 11 12

Date of expiry / Date from which Signature of Remark

termination / area is free officer
surrender for grant
13 14 15 16

168
 1
[GOVERNMENT OF RAJASTHAN
DEPATMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO. 4-A

REGISTER FOR PROSPECTING LICENCE

[See Rule 3-L (2)]

S. Name of licensee Date of Area Granted Order No. & Mineral /

No with complete receipt of with Date of Minerals
address application Description Grant/ renewal under licence
1 2 3 4 5 6

Period Application Prospecting Security Name of transferee Transfer

of fee details fee and deposit with date
Grant / royalty, if Father’s / husband’s
renewal payable name & address
7 8 9 10 11 12

Date of expiry Date of Disposal of Date on which Signature Remarks

/relinquishment application for refund of the area is of the
/cancellation of mining lease security available for officer
licence (if any) deposit re-grant
13 14 15 16 17 18

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

169
 GOVERNMENT OF RAJASTHAN
DEPATMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO. 5

MODAL FORM OF MINING LEASE

[See Rule (19)]

This indenture made this ------------------- day of 20 ------- between the

Governor of the State of Rajasthan (hereinafter referred to as the Government which
expression shall, where the context so admits, include his successors in office and
assigns) of the one part
and

(1) When the lessee is an individual ------------------------------------------------------

(Name of person) (hereinafter referred to as the ‘lessee’ which expression shall
where the context so admits, include his heirs, executors, administrators,
representatives, and permitted assigns)

(2) When the lessees are more than one individual --------------------------------------
(Name of person) ---------------- of ----------------------------------------------------
(Address and occupation) and ---------------------------------------------------------
(name of person) of ----------------------------------------------------- (Address and
occupation) and ----------------------------- (name of person) of --------------------
------------------ (Address and occupation) (hereinafter referred to as the
“Lessees” which expression shall, where the context so admits include their
respective heirs, executors, administrators, representatives and permitted
assign).
(3) When the lessee is a firm ---------------------------------------------------------------
(Name of person) of --------------------------------------------------- (Address) and
----------------------------------------- (Name of person) of -------------------------
(Address) and ---------------------------- (Name of person) of -----------------------
--- (Address). All carrying on business in partnership at (address of the firm ---
---------------------------) under the name and style of (Name of the Firm) --------
------------------------- (hereinafter referred to as the “Lessees” which
expression shall, when the context so admits, include all the partners of the
said firm, their representatives, heirs, executors, administrators and permitted
assigns).
(4) When the lessee is a registered Company ------------------------------ (Name of
the Company) a Company registered under ------------------------------------ (Act
under which incorporated) and having its registered office at ---------------------
-------------- (Address) (hereinafter referred to as the “Lessee” which
expression shall, where the context so admits, include its successors and
permitted assigns) of the other part.

170
 Whereas the Lessee / lessees has / have applied to the Government in
accordance with the Rajasthan Minor Mineral Concession Rules, 1986
(hereinafter referred to as the said rules) for a mining lease for -------------------
in respect of the lands hereinafter described in clause 1 (b) and has/have
deposited with the Government the sum of Rs.----------------- as security.

Now, therefore this deed witnesses-

And the parties hereto hereby agree as follows:-

1 Demises-

(a) In consideration of the rents and royalties covenants and agreements

hereinafter contained and on the part of the Lessee / Lessees to be paid,
observed and performed the Government hereby grants and demises up to the
Lessee / Lessees, all these mines / beds / veins / seams of (hereinafter referred
to as the said minerals) situated, lying and being in or under the lands which
are referred to hereinafter and subject of other provisions of this lease.

(b) The area of the said lands is as follows (hereinafter referred to as the said lands
or the leased area)

(c) The Lessee / Lessees shall hold the premises hereby granted and demised from
the date -------------------- of registration for period of ------------------- years
thence next ensuing.

2 Liberties, powers and privileges to be exercised and enjoyed by the lessees:-

The following liberties, powers and privileges may be exercised and enjoyed by the
lessee / lessees subject to the other provisions of this lease:-

(a) To enter upon land and search for, win, work etc- Liberty and powers at all
times during the terms hereby demised to enter upon the said lands and to
search for, mine, bore, dig, drill for, win, work, dress, process, convert, carry
away and dispose of the said minerals.

(b) To sink, drive and make pits, shaft and inclines etc- Liberty and powers for
or in connection with any of the purposes mentioned in this clause to sink,
drive, make, maintain and use in the said lands, and pits, shafts, inclines, drifts,
levels, water-ways, air-ways and other works and to use, maintain, deepen or
extend any existing works of the like nature in the said lands.

(c) To bring and use machinery and equipment- Liberty and power for or in
connection with any of the purposes mentioned in this clause to erect,
construct, maintain and use on or under the said lands any engines, machinery,
plant, dressing floors, furnaces, coke ovens, brick kilns, workshops, store
houses, bungalows, godowns, sheds and other buildings and other works and
conveniences on the like nature on or under the said lands.

171
 (d) To use water from streams etc- Liberty and power for or in connection with
any of the purposes mentioned in this clause but subject to the rights of any
existing or future lessees and with the written permission of the Collector to
appropriate and use water from any stream, water courses, springs or other
source in or upon the said lands and to divert, step up of dam any such stream
or water course and collect or impound. Any such water and to make,
construct and maintain any watercourse, culverts drains or reservoirs but not
so as to deprive any cultivated land. Villages, buildings or watering places for
a livestock of a reasonable supply of water as before accustomed nor in any
way to foul of pollute any stream or spring provided that the lessee/lessees
shall not interfere with the navigation in any navigable stream nor shall divert
such stream without previous written permission of the government.

3 Restriction as to the exercise of the liberties etc.-

The liberties, powers and privileges granted by the clause 2 are subject to the
following restrictions and subject to the other provisions of this lease:-

(a) The mining operations within 45 metres of the public works etc.- The
Lessee / Lessees shall not work or carry on or allowed to be worked or carried
on any mining operations at or to any point within a distance of 45 metres
from any Railway line except with the previous written permission of the
Railway Administration concerned, or from any reservoir, canal or other
public works or buildings or inhabited site except with the previous permission
of the Collector or any other officer authorised by the Government in this
behalf and otherwise than in accordance with such instructions, restrictions
and conditions either general or special as may be attached to such
permissions. The said distance of 45 metres shall be measured in the case of
Railway, reservoir or canal horizontally from the outer toe of the bank or the
outer edge of the cutting as the case may be and in case of a building
horizontally from the plinth thereof.

Explanation:- For the purpose of this clause:-

(i) The expression “Railway Administration” shall have the same meaning
as it is defined to have in the Indian Railway Act 1890 by sub-section
(4) of section 3 of that Act.

(ii) “Public road” shall mean a road which has been constructed or
artificially surfaced as distinct from a track resulting from a repeated
use.
1
[Provided that in case of mining approach road, the safe distance
prohibiting mining activity shall be taken as 10 meter from the center of
the road on both sides.]

1. Added by Rajasthan Gazette Extra Ordinary dated 02/11/2012

172
 (b) Permission for surface operation in a land not already in use- Before using
for surface operation and land which has not already been used for such
operations. The Lessee / Lessees shall give to the Collector of the District two
calendar months previous notice in writing specifying the situation and the
extent of the land proposed to be so used and the purpose for which the same
is required and the said land shall not be so used if objection is issued by the
Collector within two months after receipt by him of such notice unless the
objection so stated shall on reference to the Government be amulled or
waived.

4 The Lessee / Lessees hereby covenants with the Government as following:-

(1) Covenants in accordance with Rajasthan Minor Mineral Concession Rules,

1986. The Lessee / Lessees shall pay royalty on the quantity of the said
mineral dispatched from or consumed within the leased area at the rates
specified in Schedule-I appended to Rajasthan Minor Mineral Concession
Rules, 1986.

Provided that the said rates shall be liable to be revised by the Government and
such revision shall apply to this lease subject to the condition that the
enhancement in the rate of royalty shall not be made more than once during
1
[any period of three years].

(2) Surface rent- The Lessee / Lessees shall pay for the surface area used by him
/ them (for the purpose of mining) surface rent equal to the land revenue
payable under the Rajasthan Land Revenue Act,1956 or any other law in force
to the Land Revenue Department of State.

(3) Dead Rent- The Lessee / Lessees shall also pay for every year, the yearly
dead rent as determined from time to time.

Provided that the Lessee / Lessees shall be liable to pay the dead rent or
royalty in respect of each mineral, which ever be higher but not both.

(4) Rate and mode of payment of dead rent etc.- Subject to the provisions of
sub-clause (3) above as from the day of……..during the subsistence of the
lease, the Lessee / Lessees shall pay to the Government in four equal quarterly
installments on the……….day of …………………….the day of ………… the
day of and the day of …………………for each year the minimum annual
royalty as “deal rent” of Rs………….. in the Office of the Mining Engineer /
Assistant Mining Engineer of the Division / Sub-Division subject as aforesaid.
This provision will also apply to the payment of Royalty. Surface rent will be
deposited with the Revenue Department.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012

173
(4-a) Dump removal charges: The Lessee / Lessees shall pay such amount per year
or part thereof to the Government for ecological restoration of mines and
quarries in the said area at such time and such rate as may be fixed by the
Government from time to time.

(5) To pay compensation for damage and indemnify the Government- The
Lessee / Lessees shall make and pay such reasonable satisfaction and
compensation for all damage, injury or disturbance which may be done by him
/ them 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.

(a) To indemnify against all claims and to pay compensation for

infringement of rights of third person- The Lessee / Lessees shall
make and pay such reasonable satisfaction and compensation as may be
assessed by lawful authority in accordance with the law in force on the
subject for all damage, injury or disturbance which may be done by him
/ them in exercise of the powers granted by this lease and shall
indemnify and keep indemnified fully and completely the State
Government against all claims which may be made by any person or
persons in respect of any such damage, injury or disturbance and all
costs and expenses in connection therewith.

(b) If in exercise of any right conferred by this lease the rights of any
person are infringed by the occupation or disturbances of the surface
or any land, required and quarrying in the area hereby demised and for
the purposes subsidiary there to Lessee / Lessees shall pay such
compensation for such infringement and the amount of such
compensation shall be calculated by the Collector of if his award is not
accepted, by the Civil Court, as far as possible, in accordance with the
provision of the Rajasthan Land Acquisition Act,1953 (Rajasthan Act
XXIV of 1953)

(c) The Lessee / Lessees shall not enter on or occupy the surface of any
land without the previous sanction of the Collector unless the
compensation has been determined and tendered to the persons whose
rights are infringed.

(d) If the Lessee / Lessees fail to pay any compensation as provided in this
sub-clause, the Collector may recover such compensation from him /
them on behalf of the person entitled to it as if it were an arrear of land
revenue.

(6) Not to injure tree- The Lessee / Lessees shall not cut or injure any tree in area
of his / their lease without the previous sanction in writing of the Chief
Conservator of Forests, Rajasthan or an officer authorised by him.

174
 (7) To maintain boundary pillars- The Lessee / Lessees shall at his / their own
expense erect and at all times maintain and keep in repair boundary pillars and
marks according to the demarcation shown in the plan annexed hereto.

(8) Not to erect buildings etc. on certain places- The Lessee / Lessees shall not
erect any building or carry or any surface operations on any public pleasure
grounds, places of worship, scared graves, burial grounds or village sites for
houses, public roads or other places which the competent authority may
determine as public grounds to bring within this restriction.

(9) To commence mining operations 1[within six months] and carry them on
properly- The Lessee / Lessees shall commence mining operations 1[within
six months] from the date of the lease to him / them and thereafter carry on
such operations effectively in a proper skilful and workman like manner both
as regards prevention of waste by removal of sufficient overburden careful
storage of waste and drainage and as regards removal of all valuable minerals
within the mine.

(10) Accounts- The Lessee / Lessees shall keep correct accounts showing the
quantity and particulars of all minerals obtained from the mine, detail of
mineral sold or despatched, and the number of persons employed therein and
also complete plans of the mine and shall allow any officer of the Department
at any time to examine such accounts and plans and shall furnish him with
such information and return in respect of aforesaid matter as he may require.

(11) Abiding by Rules- The Lessee / Lessees shall abide by all existing Acts and
Rules enforced by the Government of India or a State Government and all
such other Acts or rules as may be enforced from time to time in respect of
working of the mine and other matters affecting 2[safety, environment, health
and convenience] of the employees of the lessee / lessees or of the public.

(12) To allow facilities to other lessee etc- The Lessee / Lessees shall allow
existing and future Licencees or Lease holders of any land which is comprised
in or adjoins or is approachable by the land held by the Lessee / Lessees,
reasonable facilities for access thereto.

(13) To allow entry of officers- The Lessee / Lessees shall allow any officer of the
Department or of the Indian Bureau of Mines to enter upon the premises
comprised in the lease for the purpose of inspecting the same and abide by
instructions issued by him from time to time regarding the conservation and
development of minor minerals and other related matters.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012

2. Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012
175
(14) Building erected by Lessee- The Lessee / Lessees may erect on the area
granted to him / them any building, required for bonafide mining purposes and
such building shall be the property of the Government after expiry of the lease.

(15) To report accident and discovery of any other mineral- The Lessee /
Lessees shall without delay report to Director, Mining Engineer, Assistant
Mining Engineer or any other officer authorised by them any accident which
may occur at or in the said premises and also the discovery on or within any of
the lands of mines demised by the lease of any minerals whether minor or
otherwise not specified in the lease.

(16) Working of newly discovered minerals- If the Lessee / Lessees intends to

work such newly discovered mineral or minerals he / they shall within three
months of making such report as is mentioned in sub-clause (15) intimate his /
their intention to the Officer of the Department having jurisdiction over the
area and apply for quarry licence or mining lease in respect thereof in
accordance with the rules regulating the grant of mining concessions for that
mineral. But such quarry licence or mining lease shall not be granted as a
matter of right.

(17) Not working the newly discovered minerals- If the lessee / Lessees intimates
his / their intention not to work the newly discovered minerals or fails to
intimate his / their intention to work it within a period of three months, then it
shall be open to the Government to grant a licence or lease for the working of
the same to any other person.

(17-a) To hand over possession of protected area- If any area out of the lease area
is declared as a protected area under the Ancient Monuments Preservation Act.
1904 (Central Act VII of 1904). The lessee will have to deliver the possession
back to the State Government without claiming any compensation for that
area.

(18) Liberty to determine the lease- The Lessee / Lessees may at any time
determine this lease with immediate effect by giving a notice in writing to the
State Government or to such officer or authority as the State Government may
specify in this behalf and shall pay all rents. Water rates, royalties
compensation for damages and other moneys which may than be due and
payable under these presents to lessor or any other person or persons and shall
deliver these presents to competent authority and then this lease and the said
term and the liberties. Powers and privileges hereby granted shall absolutely
cease and determine but without prejudice to any right or remedy of the lessor
in respect of any breach of any of the covenants or agreement contained in its
presents.

176
(19) Cancellation- The Lease shall be liable to be cancelled by the Director if the
Lessee / Lessees ceases to work the mine for a continuous period of six
months without obtaining written sanction of the Government.

(20) Pre-emption- The Government shall have the rights of pre-emption at current
market rates over all minerals lying in or upon the lands demised by the lease
and shall be indemnified be the Lessee / Lessees against claims of any other
party in respect of such minerals.

(21) Consequence of non payment of royalty or rent- The Government shall

determine the lease after serving a notice on the lessee to pay the dues within
15 days from the date of the receipt of notice and forfeit the security amount if
the dead rent or royalty or dump removal charges are not paid within 15 days
next after the date fixed in these presents. The Government shall have the right
at any time after serving the above notice to enter upon the said lands and to
distrain all or any of the minerals or movable property therein and shall carry
away, detain or order the sale of property so distrained or so much of it as will
suffice for satisfaction of the rent or royalty of dump removal charges and all
costs and expenses occasioned by the non-payment thereof. These rights shall
be without prejudice to the right of the Government to realise all its dues,
under the Rajasthan Public Demand Recovery Act. 1952 (Rajasthan Act V of
1952) or Rajasthan Land Revenue Act. 1956 (Rajasthan Act No.15 of 1956).

(22) Consequence of breach of other covenants- In case of any breach on the part
of Lessee / Lessees of any covenant or condition contained in the lease
whether contained in this clause or any other clause of this lease, the
Government may determine the lease and forfeit the security amount and take
possession of the said premises or in the alternatively may impose payment of
a penalty not exceeding twice the amount of the annual dead rent from the
Lessee / Lessees. Such action shall not be taken unless the Lessee / Lessees
has/have failed to remedy the breach after 15 days notice.

(23) Delivery on termination of lease- On expiry or earlier determination of the

lease the Lessee / Lessees shall deliver up the said premises and all mines (if
any) dug in respect of any working as to which the Government might have
sanctioned abandonment.

(24) (a) Determination of lease in the public interest- The Government may
determine the lease if the Government considers that the minor minerals
under the lease are required for establishing an industry beneficial to
the public

(b) Determination of lease for the aforesaid purpose shall not be valid
unless six calendar months notice in writing has been given by the
Government to the Lessee / Lessees. Such notice need not however, by
given in war of emergency.

177
5 Further covenants of the lessee-

The Lessee / Lessees hereby Covenants / Covenant with the Government as follows:-

(1) Unless specifically exempted by the State Government, the Lessee / Lessees
shall provide and at all time keep at or near the pit- head at which the said
minerals shall be brought to bank a properly constructed and efficient
weighing machine and shall weigh or cause to be weighed thereon all the said
minerals from time to time brought to bank, sold, exported and also the
converted products, and shall at the close of each day cause the total weights
of the said minerals, ores and products raised, sold, exported and converted
during the previous twenty four hours to be ascertained and entered in the
aforesaid books of accounts. The Lessee / Lessees shall permit the
Government at all time during the said term to employ any person or persons
to be present at the weighing of the said minerals as aforesaid and to keep
accounts thereof and to check the accounts kept by the Lessee/Lessees. The
Lessee / Lessees shall give 15 days previous notice in writing to the Mining
Engineer / Assistant Mining engineer of every such measuring or weighing in
order that he or some officer on his behalf may be present thereat.

(2) To allow test to weighing machine- The Lessee / Lessees shall allow any
person or persons appointed in that behalf by the Government at any time or
all times during the said term to examine and test every weighing machine to
be provided and kept as aforesaid and the weights used therewith in order to
ascertain whether the same respectively are correct and in good repair and
order and if upon any such examination or testing any such weighing machine
or weight shall be found incorrect or out or repair or order, the Government
may require that the same be adjusted, repaired and put in order by and at the
expenses of the Lessee / Lessees within fourteen days failing which the
Government may cause such weighing machine or weight to be adjusted,
repaired and put in order and the expense of so doing shall be paid by the
Lessee / Lessees to the Government on demand, and if upon any such
examination of testing as aforesaid any error shall be discovered in any
weighing machine or weights to the prejudice of the Government, such error
shall be regarded as having existed for three calendar months previous to the
discovery thereof or inform the last occasion of so examining and testing the
same weighing machine and weights, in case such occasion shall be within
such period of three months and the said rent and royalty shall be paid and
accounted for accordingly.

178
 (3) Not to obstruct working of other minerals- The Lessee / Lessees will
exercise the liberties and powers hereby granted in such manner as to cause no
unnecessary or reasonably avoidable obstruction or interruption to the
development of any working within the said lands of any minerals not
included in this lease and shall at all time afford to the Central and State
Government and to the holders of prospecting licence or mining leases in
respect of any such minerals within any land or any minerals within any land
adjacent to the said lands as the case may be, reasonable means of access and
safe convenient passage upon and across the said lands, to such minerals for
purpose of getting, working, developing and carrying away the same provided
that the Lessee / Lessees shall receive reasonable compensation for damage or
injury which he / they may sustain in consequence of the use of such passage
by such lessees or holders of prospecting licences.

(4) Forfeiture of property left more than 1[three] months after determination
of lease- If on expiration of lease or earlier determination of the lease or after
the date from which any surrender by the Lessee of a part or parts of the said
lands under the provision contained in sub-clause (18) of clause 4 of this lease
becomes effective, there remain in or upon the said land of the surrendered
part or parts thereof as the case may be, any engines, machinery, plants,
structures, tramways, railways and other work erections and conveniences or
other property which are not required by the Lessee / Lessees in connection
with his / their operations in those parts of the said lands they shall become the
property of the Government and may be sold or disposed of in such manner
after period of 1[three] months from the date of expiration or earlier
determination of the lease the Government may deem fit without liability to
pay any compensation.

(5) Exemption of royalty for tenants- No royalty shall be charged on minor

minerals required by the tenant for any bonafide purposes as specified in rule
58 of the rules.

6 Further covenants of the lessee-

The Lessee / Lessees further covenants / covenant with the Government as follows:-

(1) Interest- The Lessee / Lessees shall pay to the Government simple interest at
the rate of 2[15%] per annum on all amounts outstanding against the
Lessee/Lessees under this lease, whether as dead rent, royalty, surface rent or
otherwise.

(2) Keeping mines etc. in good order- The Lessee / Lessees shall keep
throughout the terms of his/their lease all mines, building, engines, machinery
and other mining plants in good repair and working order.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012

2. Substituted by Rajasthan Gazette Extraordinary dated 18/12/2004
179
(3) Taking ballast etc. for leased area only- The Lessee / Lessees shall take out
and use ballast, Khandas and rubbles from his / their quarries for his / their
bonafide use in the leased area only and shall pay royalty for minerals so used.

(4) Delivery of samples of rocks etc- The Lessee / Lessees shall deliver to or
permit to be taken by the representative of the Government a sample or
samples of all rocks found on mines or raised and all intermediate and finished
products sold on intended for sale by the Lessee / Lessees.

(5) Security of pits and Shafts and not filling them up- The Lessee / Lessees
shall properly secure pits and shafts and will not with out permission in
writing of the Mining Engineer, will fully close, fill up or choke any mine or
shafts.

(6) Setting apart land for public purposes- The Lessee / Lessees shall when
required by the Government so to do, set apart land for public purposes and
Government may occupy the same whenever it thinks necessary of expedient
but Government will, so far as is compatible with the objects aforesaid, select
the land so as not to interfere with the mining operations of Lessee / Lessees
and will from to time pay to the Lessee / Lessees such sums of money
expended in buying surface rights over any of the lands so set apart and cost
of removal of any work carried there on and for any loss or damages caused to
the Lessee / Lessees by any interference in the mining operations.

(7) (a) Abstaining from entering occupied land- The Lessee / Lessees shall
abstain from entering on the surface of any occupied Government land
or of any private land comprised within the leased area without
previously obtaining the consent of the occupant in writing.

(b) The Lessee / Lessees shall abstain from opening any new quarry or
depot in the leased area without the previous sanction of the Mining
Engineer, Assistant Mining Engineer concerned.

(8) Not to obstruct road etc- The Lessee / Lessees shall keep open and in no way
obstruct any road path or way by any means whatsoever.

(9) Not to obstruct working of other mineral- The Lessee / Lessees shall in the
event of his/their declining to take a lease, permit the Government or other
persons duly authorised by the Government in that behalf to enter into the
leased area and to conduct prospecting and mining operations thereon in
respect of minerals or other substance other than………… but the Government
will so far as is compatible with the objects aforesaid, select the land to be so
set apart and appropriated in such a manner as not to interfere with the mining
operations of the Lessee/Lessees and will indemnify the Lessee / Lessees for
any loss or damage caused to the lessee by any interference with the mining
operations.

180
 (10) To allow free use of tanks, water courses etc, to the public and Government.
The Lessee / Lessees shall abstain from all interference with and allow to the
public and the Government the free use of tanks, water courses, places of
worship, scared graves, burial grounds and village sites for houses which may
be existing or may hereafter be set apart or appropriated as herein before
provided on the leased area.

(11) Not to use land for other purposes- The Lessee / Lessees shall not cultivate
or use the land save for the purposes of the lease.

(12) Not to enter upon or commence operations in Forest Land etc- The Lessee
/ Lessees shall not enter upon or commence any mining operations in any State
Forest or land under special protection comprised in the leased area except
after previously obtaining permission in writing of the competent officer.

(13) To respect water rights and not to injure adjoining property- The Lessee /
Lessees shall not injure or cause to deteriorate any sources of water, power or
water supply and shall not in any other way render any spring of stream of
water unfit to be used or do anything to injure adjoining lands, villages or
houses.

(14) Removal of stock of minerals on expiry or determination of the lease- The

Lessee / Lessees shall on the termination or earlier determination of the lease
remove within 15 days all extracted minerals from the premises of the leased
areas. All extracted minerals in the said lands left over indisposed after 15
days of the termination or determination of lease shall be deemed to be the
property of the Government.
1
[Provided that in case of mining lease of mineral bajri, the lessee shall not
have any right to remove any stock of bajri after the expiry of lease period or
receipt of the order of determination of the lease.]

(15) Service of notice on lessee- The Lessee / Lessees shall at all times have at the
lease area a duly accredited Superintendent or Agent to whom all notices may
be given and all communications from the Officers of the Department or the
Government may be delivered, if there be no such agent of Superintendent on
the leased area, the Government shall be at liberty to treat any other person
present there as such agent and to serve all notices and other documents upon
the said person or in the case of there being no such other person as aforesaid,
then by affixing such notice or documents on some conspicuous portion of
the mining block.

1. Added by Rajasthan Gazette Extra Ordinary dated 02/11/2012

181
 (16) Supply of stones to the Public- The Lessee / Lessees shall not unless
prevented by reasonable cause e.g. collapse of the quarry etc. to the
satisfaction of the Government, fail or neglect or delay to supply……….to the
public at pits mouth within reasonable period of……… (to be specified). In
the event of unsatisfactory supply by the Lessee / Lessees to local public the
……………….. with the approval of the Director, may allow the consumers to
quarry / extract with their own arrangement in the leased area outside the
existing quarries or depots and the Lessee / Lessees will not be entitled to any
royalty on this account but the same will be payable to the Government. This
quantity will not be taken into account if the maximum quantity
of……………mentioned in …………….
1
(17) [Employment of qualified person- for the purpose of carrying out mining
operations in accordance with the approved practices:-

(i) a whole-time mining engineer or the person possessing IInd Class Mine
Manager's Certificate of Competency issued by Director General of Mines
Safety, where mining operations are carried out by deployment of heavy
mining machinery for deep hole drilling, excavation, loading and transport,
or where the average employment exceeds one hundred per day or in case
area of mining lease / quarry licence / short term permit is 25 hectare or
more.

(ii) in case of any other mine, a person having diploma in mining with two
years’ experience in mining operations or the person possessing foreman's
certificate of competency issued by the Director General of Mines Safety
or Geologist.

(iii) in case where area of lease / licence / permit is up to one hectare and
mining is carried out only by manual means the person having qualification
mentioned in clause (i) or (ii) can work for a maximum of six leases or
eighteen quarry licenses / short term permits, provided that all such mines /
quarries are located within a radius of 50 kilometers:

Provided that if any doubt arises about the lease / licence / permit falling
under clause (i), (ii) or (iii) above, it shall be referred to officer authorised
by the Government in this regard for decision.

Explanation: The expression ‘average employment’ means the average

per day of the total employment of the mine during the preceding quarter
(obtained by dividing the number of man-days worked by the number of
working days).]

Provided further that the lessee shall pay to the Mining Engineer/Mines
Foreman, emoluments not below what would have been admissible to them
in Government Service.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012

182
 (18) The Lessee shall inform the Government of any change in his immovable
property and its value within a period of 15 days from such change.

7 Calculation of royalty, assignment of tax and recovery of dues- It is hereby

further agreed between the parties hereto as follows:-

(1) The royalty payable hereunder shall be calculated on the quantity dispatched
from or consumed within the leased area as per the rates prescribed in
Schedule-I of Rajasthan Minor Mineral Concession Rules, 1986

(2) The Lessee / Lessees shall not assign, sublet or part with the possession of the
leased area or any part thereof except in the manner permitted by rule 15 of the
said rules.

(3) Without prejudice to any other mode of recovery under any provision of this
lease or any law, all amounts falling due hereunder against the Lessee /
Lessees may be recovered as arrears of land revenue under the law in force for
such recovery.

(4) The Lessee / Lessees shall duly and regularly pay to the competent authority
all taxes, cesses and local dues in respect of the leased area, said minerals or
the working of the mines.

8 If in any event the orders of competent authority are revised or cancelled by the
Appellate Authority or by State Government in pursuance of the proceedings under
Chapter VI of the Rajasthan Minor Mineral Concession Rules, 1986 or under any
other provisions of the said rules, the Lessee / Lessees shall not be entitled to
compensation for any loss sustained by him / them in exercise of the powers and
privileges conferred upon him / them by these presents.

9 If in any event the orders of the Government or any other officer empowered under
these rules are revised, reviewed or cancelled by the Appellate Authority or Court of
law, the Lessee / Lessees shall not be entitled to compensation for any loss sustained
by the Lessee / Lessees in exercise of the powers and privileges conferred upon him /
them by these presents.

183
10 In the event of the existence of a state of war or of emergency (of which existence the
Government shall be sole judge and a notification to this effect in the Rajasthan
Gazette shall be conclusive proof), the Government shall from time to time and all
times, during the said terms have the right (to be exercised by a notice in writing to
the Lessee / Lessees) forthwith to take possession and control of the works, plant,
machinery and premises of the Lessee / Lessees situated on the said lands or meant
for use in connection with the said lands or the operations under this lease, during
such possession or control and the Lessee / Lessees shall confirm to and obey all
directions given by or on behalf of the Government regarding the use or employment
of such works, plants, premises and minerals.

Provided that fair compensation which shall be determine in default of

agreement by the Government shall be paid to the Lessee / Lessees for all loss or
damages sustained by him / them by reason or in consequence of the exercise of
powers conferred this clause:

Provided also that the exercise of such powers shall not determine the said
term hereby granted or affect the terms and provisions of these presents further than
may be necessary to give effect to the provisions of this clause.

11 Security and forfeiture thereof-

(a) The Government may forfeit the whole or part of the amount deposited by the
Lessee / Lessees as security under this lease in case the Lessee / Lessees
commits / commit a breach of any covenant to be performed by the Lessee /
Lessees under this lease.

(b) Whenever the said security deposit or any part thereof or any further sum
deposited with the Government in replacement thereof shall be forfeited under
sub-clause (a) or applied by the Government in satisfaction of any dues of the
Government under this lease (which the Government is hereby authorised to
do) and the Lessee / Lessees shall immediately deposit with the Government
such further sum as may be sufficient with the unappropriated part thereof to
bring the amount in deposit with the Government up to the sum of
Rs. …………………

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

184
12 Interpretation-

In this lease unless the context otherwise requires:-

(a) ‘Department’ means the Department of Mines & Geology, Rajasthan.

(b) ‘Director’ means the Director of the Mines & Geology, Rajasthan for the time
being and includes any officer lawfully authorised by him to perform any of
his functions.

(c) ‘Government’ includes an officer of the Government to whom any powers of

the Government have been for the time being lawfully delegated.

IN WITNESS WHEREOF this indenture has been signed by the Lessee / Lessees.

……………………………….. ………………………………….
Signed by Lessee/Lessees Signature ……………………….
……………………………….
By order and on behalf of the
And by Governor of Rajasthan
……………………………… (Designation)
Witness (1)…………………
………………………………
Witness (2) …………………

(Plan with boundary marks of demarcation report to be annexed)

185
 1
[GOVERNMENT OF RAJASTHAN
DEPATMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO. 5-A

MODAL FORM OF PROSPECTING LICENCE

[See Rule 3-J (1)]

This indenture made this --------------- day of 20 ------- between the Governor of the State
of Rajasthan (hereinafter referred to as the Government which expression shall, where
the context so admits be deemed to include his successors and assigns) of the one part

and

(1) When the licensee is an individual ----------------------------------------------- (Name

of person with address & occupation) (hereinafter referred to as the ‘licensee’
which expression shall where the context so admits be deemed to include his
heirs, executors, administrators, representatives, and permitted assigns)

(2) When the licensee are more than one individual -----------------------------------------
------------------------------------------------------ (Name of person with address &
occupation) and -------------------------------- (Name of person with addresses &
occupation) and ------------------------------- (Name of person with addresses &
occupation) (hereinafter referred to as the “licensee” which expression shall,
where the context so admits be deemed to include their respective heirs,
executors, administrators, representatives and permitted assigns).

(3) When the licensee is a registered firm -------------------------------------------------

(Name & address of partner) and --------------------------------------------- (Name &
address of partner) and ---------------------------------------------------- (Name &
address of partner) All carrying on business in partnership under the firm name
and style of (Name of the Firm) ------------------------------------------------
registered under the Indian Partnership Act, 1932 (9 of 1932) and having their
registered office at ----------------- in the town of --------------------- (hereinafter
referred to as the “the licensee” which expression shall, when the context so
admits be deemed to include all the partners of the said firm, their respective
heirs, executors, legal representative and permitted assigns).

(4) When the licensee is a registered Company ----------------------------------------------

(Name of the Company) a Company registered under ----------------------------------
(Act under which incorporated) and having its registered office at -------------------
------------------------------------------------------ (Address) (hereinafter referred to as
the “the licensee” which expression shall, where the context so admits be deemed
to include its successors and permitted assigns) of the other part.

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

186
 Whereas the Licensee / licensees has/have applied to the State Government in
accordance with the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter
referred to as the said rules) for a licence to prospect for -----------------------------------
-------- (mineral) and / or other associated minerals in the land specified in Schedule-
‘A’ hereunder written and delineated in the plan herewith annexed (hereinafter
referred to as the said lands) and has/have deposited with the State Government the
sum of Rs.----------------------------------- as prescribed security in respect of such
licence and has/have paid to the State Government the sum of Rs. ----------- as
prescribed prospecting fee for -------------- months / years in advance in respect of
such licence and whereas there is no objection to grant of such licence (and
WHEREAS the State Government has approved the grant of this licence) NOW
THESE PRESENTS WITNESS as follows:

PART – I

In consideration of the fees, royalties, covenants and agreements hereinafter reserved

and contained and on the part of the Licensee / Licensees to be paid, observed and
performed the State Government hereby grants and demises into the Licensee /
Licensees, the sole rights and the licence.

To enter upon the lands and to search for, win, carry away and dispose of mineral
won:-

(1) To enter upon the said lands and to search for by quarrying, boring and
digging ---------------------- (name of mineral) or being within under or
throughout the said lands;

(2) This licence shall not confer upon the licensee a right to win or carry away the
minerals for commercial purposes;

Provided that the licensees may win and carry away for purposes other
than commercial purposes-

(a) Any quantity of ---------------------- (name of mineral) and or other

associated minerals not exceeding 200 (tonnes) as specified in rule 3-
M(ii) for testing its use in any industry specified by the Government in
this behalf, on payment of royalty;

(b) With the written approval of the State Government, the licensee may carry
away quantities of minerals in excess the limit specified in the 3-M (ii)
for any test purpose.

187
To clear undergrowth the brushwood etc:-

(3) Subject to the provisions of clauses 5 & 6 of Part-II of these presents for the
purpose aforesaid to clear undergrowth and brush wood and trees with the
sanction of the Collector previously obtained in writing to make and use any
drains or water course on the said lands for purposes as may be necessary
effectually carrying on the prospecting operations and for the workmen
employed thereon and with the like sanction to use any water provided always
that such use shall not diminish or interfere with the supply of water to which
any cultivated land, village building or watering palace for livestock has
heretofore been accustomed and that streams, springs or well shall be fouled or
polluted by any such use or the prospecting operations hereby licensed.

To bring upon and erect machinery etc. on the said lands:-

(4) To erect and bring upon the said lands all such temporary huts, sheds etc.
engine machinery and conveniences, for effectively carrying on the
prospecting operations hereby licensed or for the workmen employed thereon.

RESERVED nevertheless to the State Government full power and liberty at all
times to enter into and upon and to grant or demise to any person or persons
whomsoever liberty to enter into and upon the said lands for all or any
purposes other than those for which sole right and licence are hereby expressly
conferred upon the license/licensees and particularly (and without hereby in
any way qualifying such general power and liberty) to make on, over to
through the said lands such roads, etc. shall be considered necessary or
expedient for any purpose and to obtain from and out of the said lands such
stone, earth or other materials as may be necessary or requisites for making,
repairing or maintaining such roads, to pass and repass at all times over and
along such roads, for all purposes and as occasion shall require.

To hold the said right and licence into the licence / licensees from the date of these
presents for the terms of (hereinafter referred to as the said term):-

(5) Paying therefore annually in advance a sum of Rs-------------- being the

prospecting fee for each year or portion of a year and immediately on the
expiration or sooner determination of the said term clear of all fees, rates,
taxes, charges, deductions and royalty at prevalent rate on the minerals won
and carried away by the Licensee / Licensees during the said term.

188
 PART-II

Covenants by Licensee / Licensees

The Licenses / Licensees hereby covenants / covenant with the State Government as
follows:-

Payment and rates of royalty:-

(1) To pay royalty to the State Government at such rates specified in Schedule-I of
the said rules and at such time mentioned hereunder for experimental
purposes.

(i) Royalty……………………..

(ii) Time of payment …………..

Payment of Licence fee:-

(2) To pay annually in advance a prospecting fee in respect of ensuing year or part
of the year at such rates and time as are specified in the said rules.

To carry on work in workman like manner:-

(3) To work and carry on the operations hereby licensed in a fair orderly skilful
and workman like manner and with as little damage as may be to the surface
of the lands and to trees, crops, buildings structures and other property
thereon.

To undertake prospecting in Khatedari or any private land with the registered

consent of Khatedar or occupier or owner of such land;

Not to enter upon any land in the occupation of any person without the consent
of the occupier nor to cut or in any way injure any trees, standing crops,
buildings, huts, structures or property of any kind of the occupier of any land
or any other person without the written consent of such owner, occupier or
person.

Maintenance of correct accounts:-

(4) Licensee / Licensees shall maintain a correct and faithful account of all the
expenses incurred by him/them on prospecting operations and also the quantity
and other particulars of …………….… (name of mineral) or other minerals
obtained during such associated or (Transit Pass) operations and their dispatch
with proper Departmental Rawanna.

189
No prospecting operations within 50 meter from public work, etc:-

(5) The Licensee / Licensees shall not work or carry on or allow to be worked or
carried on any prospecting operations at or to any points within a distance of
50 meters from any railway line except with the previous written permission of
the Railway Administration concerned or from any reservoirs, canal or other
public works such as public roads and buildings or inhabited site except with
the previous written permission on the Collector or any other Officer
authorised by the State Government in this behalf and otherwise than in
accordance with such permission. The said distance of 50 meters shall be
measured in the case of railway line, reservoir or canal horizontally from the
outer toe of the bank or the outer edge of the cutting as the case may be and in
case of a building horizontally from the plinth thereof. In the case of village
roads no workings shall be carried on within a distance of 10 meters of the
outer edge of the cutting except with the previous written permission of the
Collector or any other officer duly authorised by the State Government in this
behalf and otherwise than in accordance with such directions, restrictions and
additions, either general or special, which may be attached to such permission.

Explanation:-

For the purposes of this clause the expression ‘Railway Administration’ shall
have the meaning as it is defined to have in the Indian Railway Act, 1890 by
clause (6) of section 3 of that Act.

‘Public Road’ shall mean a road which has been constructed by artificially
surfaced as distinct from track resulting from repeated use. Village road will
include any track shown in the Revenue records as village road.

Not to enter and cut or injure trees in forest land, etc. without previous
permission:-

(6) (i) Not to enter and cut or injure any timber or tree on any forest land
except in accordance with the provisions of the Forest (Conservation)
Act, 1980 and guidelines issued by the Central Government from time
to time.

(ii) Not to enter upon or commence prospecting in any forest land without
obtaining the prior written sanction of the authorised Forest Officer and
in accordance with such conditions as may be prescribed in such
sanction as per provisions of the Forest (Conservation) Act, 1980 and
guidelines issued by the Central Government from time to time in this
regard.

190
Indemnify Government against all claims:-

(7) (a) To make reasonable satisfaction and pay such compensation as may be
assessed by lawful authority in accordance with the law in force on the
subject for all damage, injury, or disturbance which may be done by
him in exercise of the powers granted by this licence and to indemnify
and keep indemnified fully and completely the State Government
against all claims which may be made by any person or persons in
respect of any such damage, injury or disturbance and expenses in
connection therewith.

(b) To pay a wage not less the minimum wage prescribed by the Central or
State Government from time to time.

(c) To comply with the provisions of the Mines Act, 1952.

(d) To comply with the provisions of Rajasthan Minor Mineral Concession

Rules 1986.

(e) To take measures, at his own expense, for the protection of

environment like planting of trees, reclamation of mines land, use of
pollution control devices and such other measures as may be prescribed
by the Central or State Government from time to time.

(f) To pay compensation to the occupier of the surface of the land on the
date and in the manner laid down in these rules.

Forfeiture of security deposit, etc:-

(8) Whenever the security deposit of Rs. ……………. or any part thereof or any
further sum hereinafter deposited with the State Government in replenishment
thereof shall be forfeited or applied by the State Government pursuant to the
power hereinafter declared in that behalf the Licensee / Licensees shall
forthwith deposit with the State Government such further sum as may be
sufficient with the unappropriated part thereof to bring the amount in deposit
with the State Government up to the sum of Rs. ………………...

Licensee not to be controlled by trust, syndicate, etc:-

(9) The Licensee / Licensees shall not be controlled or permit himself / themselves
to be controlled by any trust, syndicate, corporation, firm or person except
with the written consent of the State Government.

191
Report of accident:-

(10) The Licensee / Licensees shall within 24 hours send to the Director, Mines &
Geology, Additional Director (Mines), Superintending Mining Engineer,
Mining Engineer, Assistant Mining Engineer of the area concerned a report of
any accident causing death or serious bodily injury to property or seriously
affecting or endangering life or property which may occur in the course of the
operation under this licence.

(11) The licensee shall abide all the provisions of the said GCDR 1999 / MDCR
2002 & the rules as amended from time to time and shall not carry on
prospecting or other operations under the said licensee in any way other than
as prescribed under these rules.

Plugging of bore holes, fencing etc., and restoring the surface land after
determination or abandonment:-

(12) Same in the case of land over which the Licensee / Licensees shall be granted
a prospecting licence on or before the expiration or sooner determination of
the licence or the site of abandonment of the undertaking, whichever shall first
occur, securely plug any bore hole and fill up or fence any holes or
excavations that may have been made in the lands to such an extent restore the
surface of the land and all building thereon which may have been damaged or
destroyed in the course of prospecting provided that Licensee / Licensees shall
not be required to restore the surface of the land, or any building in report of
which full and proper compensation has already been paid.

Removal of machinery etc., after expiration, determination or abandonment:-

(13) Upon the expiration or sooner determination the Licensee / Licensees shall
remove within 30 days at his / their own cost all buildings structure, plant,
engines, machinery implements, utensils and other property and effects thereto
erected or brought by the Licensee / Licensees and then standing or being
upon the said lands and also all minerals theretofore won by the Licensee /
Licensees under the authority of these presents and then being upon the said
lands.

Provided that this covenant shall not apply to any part of the said lands which
may be comprised in any mining lease granted to the Licensee / Licensees. If
the machinery etc. is not removed within specified period it shall be the
Government property.

192
Report of work done before the refund of security deposit:-

(14) At any time before the said security deposit as returned to him / them or
transferred to any other account or within one month after the expiration or
sooner determination of the licence or abandonment of the operations
whichever is earlier, the Licensee / Licensees shall submit to the State
Government confidentially a full report of the work done by him / them and
disclose all information acquired by him / them in the course of the operations
carried on under this licence regarding the geology and mineral resources of
the area covered by the licence.

Report of information by licensee:-

(15) A. The licensee shall submit to State Government.

(a) a quarterly report of the work done by him stating the number of
persons engaged and disclosing in full the geological, geophysical,
or other valuable data collected by him during the period. The final
report shall be submitted within three months of the close of the
period to which it relates;

(b) within three months of the expiry of the licence, or abandonment of

operations or termination of the licence, whichever is earlier, a full
report of the work done by him and all information relevant to
mineral resources acquired by him in the course of prospecting
operations in the area covered by the licence.

B. While submitting report under sub-clause-A, the licence may specify that
the whole or any part of the report or data submitted by him shall be kept
confidential; and the Director shall there upon keep the specified portions
as confidential for a period of two years from the expiry of the licence, or
abandonment of operations or termination of the licence, whichever is
earlier.

Employment of Foreign nationals:-

(16) The Licensee / Licensees shall not employ, in connection with the prospecting
operations any person who is not an Indian National except with the previous
approval of the Central Government.

193
 PART-III

Powers of the Government

It is hereby agreed as follows:-

Cancellation of the licence and forfeiture of the security deposit in case of breach of
conditions:-

(1) In the case of any breach of any condition of the licence by the Licensee /
Licensees or his transferees or assignees, the competent authority shall give a
reasonable opportunity to the Licensee / Licensees of stating him / their case
and where it is satisfied that the breach is such as can not be remedied, on
giving thirty days notice to the Licensee / Licensees or his transferees
assignees, determine the licence and forfeit the said security deposit of Rs.
……………... In case the competent authority considers the breach to be of a
remediable nature, it shall give notice to the Licensee / Licensees or his
transferees or assignees as the case may be requiring him / them to remedy the
breach within thirty days from the date of receipt of the notice informing him
of the penalty proposed to be inflicted if such remedy is not made within such
period. If the breach is not remedied within prescribed period the licence shall
be cancelled with forfeiture of the security deposit.

Right of pre-emption:-

(2) (a) The State Government shall from time to time and at all times during
the said term have the right (to be exercised by notice in writing to the
Licensee / Licensees) of pre-emption of the said minerals lying in or
upon the said lands or elsewhere under the control of the Licensee /
Licensees and the Licensee / Licensees shall with all possible
expedition deliver all minerals or products or minerals purchased by the
State Government under the power conferred by this provision in the
quantities at the time in the manner and at the place specified in the
notice exercising the said right.

(b) The price to be paid for all minerals or products of minerals taken in
pre-emption by the State Government in exercise of the right hereby
conferred shall be the fair market price prevailing at the time of pre-
emption. The Licensee / Licensees shall if so required furnish to the
State Government for the confidential information of the Government,
particulars of the quantities, descriptions and prices of the said mineral
or products thereof sold to other customers.

194
 PART-IV

Right of Licensee / Licensees

It is hereby further agreed as follows:-

(1) The Licensee shall not except with the previous sanction of the Director or any
other officer authorised by State Government, transfer his licence;

(a) Provided that the competent authority shall not give its sanction unless
the Licensee has furnished an affidavit along with his application for
transfer of the prospecting licence specifying therein the amount that he
has already taken or proposes to take as consideration from the
transferee;

(b) The Licensee has submitted / application with a fee of Rs. 5,000/-
which shall not be refunded.

(c) The transfer of the prospecting licence is to be made to a person or

body directly undertaking prospecting operation:

Renewal of prospecting Licence:-

(2) If the Licensee / Licensees be serious of taking a renewal licence of the

premises hereby demised or of any parts of that for a further term from the
expiration of term hereby granted and is otherwise eligible, he will apply to the
competent authority for renewal at least 90 days prior to the date of expiration
of the term of licence under these covenants and shall pay the rents and
royalties hereby reserved and shall observe and perform the several covenants
and agreements herein contained and on the part of the Licensee / Licensees to
be observed and performed up to the expiration of the term hereby granted.
The State Government on receipt of the application for renewal shall consider
it in accordance with GCDR 1999 / MDCR 2002 and shall pass such orders as
it may deem fit. If renewal is granted the State Government or any officer
authorised in this behalf will at the expense of the Licensee / Licensees and
upon his / their executing and delivering to the State Government if required,
the counter part premises or part thereof, execute and deliver to the Licensee /
Licensees the renewal licence of the said premises or part thereof for a further
term of ……….…. year at such rates of royalty and on such terms and subject
to such rates and royalties and on such covenants and agreements including
this present covenant be renewed and shall in accordance with GCDR 1999 /
MDCR 2002 and RMMCR 1986 applicable for Grant on the day next
following the expiration of the term hereby granted.

195
Preferential right of the Licensee / Licensees for obtaining Mining Lease:-
1
(3) [The Licensee / Licensees shall have a preferential right for obtaining a
mining lease in respect of whole or part of that land over any other person,
provided that he applies for a mining lease within three months after the
expiry of the prospecting license or any renewal thereof and] the State
Government is satisfied that the Licensee / Licensees has / have not committed
any breach of the terms and conditions of the prospecting licence, (has
undertaken prospecting operations to establish mineral resources in such land)
and is otherwise a fit person for being granted the mining lease.

(4) Where a prospecting licence has been granted in respect of any land, the
licensee shall have a preferential right for obtaining a mining lease in respect
of that land over any other person in terms of Prospecting Licence.

(i) Has undertaken prospecting operations to establish Prospecting

resources in such land;

(ii) Has not committed any breach of the terms and conditions of the
Prospecting Licence; and is otherwise a fit person for being granted the
mining lease.

Refund of deposit:-

(5) An applicant for a prospecting licence shall before the deed referred to in sub-
rule (1) of 3-J is executed, deposit as security for the due observance of the
terms and conditions of the licence, a sum of rupees ten thousand for first 5
hectare or part thereof and thereafter rupees two thousand for every additional
one hectare or part thereof, duly pledged in favour of Assistant Mining
Engineer / Mining Engineer concerned, or enhanced by the Government from
time to time.

(6) The licensee shall submit to the State Government or to any officer authorised
in this behalf, a quarterly / monthly report of the work done by stating the
number of persons engaged and disclosing in full the geological, geophysical
or other valuable data collected by him during the period. The report shall be
submitted within three months from the close of the period to which it relates.

(7) Any deposit made under sub-rule (1) above, if not forfeited under these rules,
shall be refunded to the applicant as soon as the report referred to sub-rule (1)
of 3-K is submitted.

1. Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012

196
 PART-V

General Provisions

It is lastly agreed as follows:-

Delay in fulfillment of the terms of licence due to force measure:-

(1) Failure on the part of the Licensee / Licensees to fulfill any of the terms and
conditions of this licence shall not give the State Government any claim
against him/them or to be deemed a breach of the licence is so far as such
failure is considered by the State Government to arise from force measure. In
the fulfillment of the Licensee / Licensees of any of the terms and conditions
of this licence by delayed from force measure, the period of such delay shall
be added to the period fixed by this licence.

Discovery of new minerals:-

(2) The licensee shall report to the State Government the discovery of any mineral
not specified in the licence within a period of 60 days from the date of such
discovery and shall not undertake any prospecting operations in respect of
such mineral unless such mineral is included in the licence.

IN WITNESS WHEREOF these presents have been executed in the manner

hereunder appearing the day and year first above written.

SCHEDULE-A

The land covered by the licence

(Here insert the description of lands with area, boundaries, names of District, Sub-
Division, Thana, etc. and cadastral survey numbers, if any. In case a map is attached,
refer the map in the description to be inserted.)

SCHEDULE-B

Prospecting Fee

(Here specify the amount of the prospecting fee and the manner and time of payment)

197
 SCHEDULE –C
Royalty

Rates of royalty on minerals shall be in accordance with the Schedule-I of the

Rajasthan Minor Mineral Concession Rules, 1986.

……………………………….. ………………………………….
Signed by Licensee / Licensees Signature ……………………….

And by By order and on behalf of the

Governor of Rajasthan
……………………………… (Designation)
Witness (1)…………………

………………………………
Witness (2) …………………

198
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM No.6

REGISTER FOR APPLICATIONS FOR QUARRY LICENCE

[See Rule 24 (1)]

S. Name of Applicant with Caste and Date of Name of the block

No. father's/Husband’s name occupation receipt of and
and address application Plot No. applied
1 2 3 4 5

Size of Mineral or Order No. and Signature of the Remarks

the Plot Minerals Date of Grant / officer
Applied Rejection
6 7 8 9 10

199
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM No.7

REGISTER FOR QUARRY LICENCE

[See Rule 24 (2)]

Name of the block No. of quarries added by extending the

block
Total No. of quarries
in the block ………………………..
1. By order dated ……….…….
2. ………………………………
3. ………………………………

S. Quarry Name of the licence with Caste and Date of Order No. &
No. No. Father's/Husband’s name Occupation Receipt of date of
And address the grant of licence
application
1 2 3 4 5 6

Details of Amount of Amount of Date on which Date of Expiry /

Subsequent Security Annual Licence Licence fee has been termination /
renewal of Deposit Fee Paid with amount surrender
licence
7 8 9 10 11

Date of Name of Transferee with Date from which Signature of Remarks

transfer Father’s/Husband’s Plot is free for the
Name Grant officer
12 13 14 15 16

200
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM No.8
PERFORMA OF QUARRY LICENCE
[See Rule 26 (1)]

1. Name of Licensee -------------------------------------------

2. Father’s Name/
Husband’s Name -------------------------------------------

3. Address --------------------------------------------

4. Name of block in
which quarry licence
has been granted Name ----------------------------------

Tehsil ---------------------------------

Distt. ----------------------------------

5. Quarry or Plot No. -------------------------------------------

6. Name of office of issue -------------------------------------------

7. No. & Date of order

of grant of licence -------------------------------------------

8. Period of licence
covered by initial grant
From ---------------------------------------

To ------------------------------------------

Details about payment of licence fee and period of subsequent renewals

S. Amount Challan/Cash Date of Period of Signature of Mining

No. deposited Receipt No. Deposits Renewal Engineer / Asst.
Mining Engineer
1 2 3 4 5 6

201
 GOVERNMENT OF RAJASTHAN

DEPARTMENT OF MINES & GEOLOGY RAJASTHAN

FORM NO. 09

REGISTER FOR MINING LEASE GRANTED BY AUCTION

[See rule 36]

S. Name & Father’s / Date of Order No. & Date of Execution of

No. Husband’s name of the auction Date of grant lease
lessee with address
1 2 3 4 5

Mineral or Area granted Amount of Period of Amount of dead

minerals under with description Security lease / rent original /
lease deposit renewal revised
6 7 8 9 10

Date of Name & Father’s / Date of Date on Signature Remarks

transfer husband name expiry / which of officer
with address to termination / reauction is
transferee surrender proposed
11 12 13 14 15 16

202
 1
[GOVERNMENT OF RAJASTHAN

DEPARTMENT OF MINES & GEOLOGY RAJASTHAN

FORM NO. 10

MODEL FORM OF AGREEMENT FOR COLLECTION OF ROYALTY AND /

OR EXCESS ROYALTY WITH OR WITHOUT COLLECTING PERMIT FEE /
OTHER CHARGES
[See rule 37 (2)]

This indenture made this …………. day of …………….20……… between the

Governor of the State of Rajasthan (hereinafter referred to as “The State
Government” which expression shall where the context so admits, be deemed to
include his successors in office and assigns) of the one part

and

……………………...…………………………… ……………………………………
………………………..(herein after referred to as “the contractor” which expression
where the context so admits be deemed to include his heirs, executors, administrators,
representatives, and permitted assigns) of the other part.

Whereas the contractor has offered a bid for the grant of royalty collection contract
and / or excess royalty collection contract for ………………...…... (Mineral)
excavated and removed from the quarries situated near…………..………… (village)
in an area………….…………...…… revenue boundary) ...................……........ Tehsil
….………………. (District).

And whereas the said bid has been accepted by the State Government and the
contractor had paid Rs. ……….......... for first installment of the contract and has
under taken to pay the remaining amount of in monthly / quarterly installments,
payable in advance on the due date of concerning month / quarter to the State
Government with the condition that the working mining lease / quarry holders shall
enjoy the right of mining on payment of royalty and /or permit fee to the contractor at
the rates specified in the Rajasthan Minor Mineral Concession Rules, 1986.

And whereas the contractor has further undertaken to pay increased amount of
contract money, security and guarantee in proportion to the enhancement in the rate
of royalty due to amendment in the First Schedule to the Rajasthan Minor Mineral
Concession Rules, 1986 or increase in permit fee / other charges for the remaining
period of the contract from the date of such enhancement alongwith the monthly /
quarterly installment payable as above.

1. Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011

203
And whereas the contractor has paid a security of Rs…….……….. and guarantee in
the Form of Bank Guarantee / FDR of Rs. ...................... for the fulfillment of the
terms and covenants hereinafter mentioned:

Now, these presents witness as follows:-

(1) The State Government hereby grants to the contractor authority to collect
royalty / excess royalty / permit fee / other charges …......................... (specify)
for which the contract has been given from holders of mining lease / quarry
license or from persons carrying or removing ……………..…………. (name
of mineral) excavated from the mining leases / quarries of such mining lease /
quarry holders, royalty / permit fee / other charges …......................... (specify)
on…………………………… (Mineral) despatched from the area under this
agreement at the rates specified in the First Schedule and permit fee as per
provisions of the Rajasthan Minor Mineral Concession Rules,1986 and other
charges as specified in the sanction order.

(2) The agreement shall remain in force from …..................................……. (date)

to .............................................. (date).

(3) The contractor shall abide by following terms and conditions-

(i) The Contractor shall make his own arrangements for collection of
royalty and the State Government shall not be responsible, if any person
refuses to pay royalty to him, but if a complaint is made by him in this
respect, the same may be considered for taking action under Rajasthan
Minor Mineral Concession Rules, 1986.

(ii) The contractor shall arrange to print royalty receipt books in form No.
12A / 12B, at his own expense and get stamped from the concerned
Assistant Mining Engineer / Mining Engineer office.

(iii) The contractor shall collect the royalty near the lease area / at the
quarry mouth and if the royalty is not collected near the lease area at the
quarry mouth then at any other place near the lease / quarry but within
the jurisdiction of contract area, provided that such place shall be fixed
after prior approval in writing from Mining Engineer / Assistant Mining
Engineer concerned. Such permission shall be given by Mining
Engineer / Assistant Mining Engineer concerned on an application
made by contractor with a payment of Rs. 1,000/- (non-refundable) for
every place for which permission is required. Mining Engineer /
Assistant Mining Engineer concerned can refuse to grant permission for
reasons to be recorded for any or particular place applied by contractor.

204
(iv) The contractor shall issue printed receipts duly stamped and issued by
the concerned Assistant Mining Engineer / Mining Engineer in form
No. 12A / 12B, for the amount of royalty / excess royalty / permit fee /
other charges collected for every despatch of the said mineral and shall
fill all the columns of the receipt. The contractor shall give first copy of
receipt to the incharge of the vehicle, submit second copy of the receipt
to the concerned Mining Engineer / Assistant Mining Engineer
alongwith monthly statement and retain third copy with him.

(v) The contractor shall collect amount only from such vehicles having
valid Rawannas issued by the concerned Mining Engineer/Assistant
Mining Engineer to lessee. The contractor shall retain second copy of
the Rawannas with him and return first copy after stamping to vehicle
owner. The contractor shall deposit second copy of Rawanna with
second copy of receipt issued by him with monthly statement in Form
No. 11-D to concerned Mining Engineer / Assistant Mining Engineer.

(vi) The contractor shall not recover any royalty from the vehicles having
Departmental Rawannas issued against yearly dead rent. However,
upon weighment any quantity of mineral is found in excess of weight
mentioned in such Rawanna, contractor shall recover the royalty of
such difference weight.

(vii) In case the mineral specified above is used by the State Government
Departments themselves under a valid short term permit granted by the
concerned Assistant Mining Engineer / Mining Engineer, the contractor
shall not charge any royalty from such permit holders, if the mineral is
excavated from lands other than working pits of a lessee or licensee.

(viii) Separate short term permit under rule 63 shall be issued to the
contractors of the various Works Departments of the State & Central
Government / Autonomous bodies by the concerned Assistant Mining
Engineer / Mining Engineer. Royalty and / or permit fee received from
such works shall not be adjusted against the contract amount and the
contractor shall not recover royalty and / or permit fee from such short
term permit holders.

(ix) The contractor shall not recover royalty and / or permit fee from the
minerals used in construction / renewal of Megha Highways / Four / Six
Lane roads, laying and renewal of railway tracks. For construction /
renewal of such works separate short term permit shall be issued,
royalty and / or permit fee received from such works shall not be
adjusted against the contract amount.

(x) No royalty shall be charged on the minor minerals removed by a tenant

from the areas which are not working pits of a lessee or licensee as
provided in rule 58 of the Rajasthan Minor Mineral Concession Rules,
1986.
205
(xi) The contractor shall not recover any royalty and / or permit fee from the
minerals used in famine works.

(xii) The royalty shall be collected on the despatch of minor minerals

specified in the contract during the contract period from the area under
contract and not on minor minerals brought outside from the contract
area or from the major mineral leases.

(xiii) The contractor for royalty and / or excess royalty collection contract
shall submit monthly statement of royalty collection in Form No. 11-D
and 11-E respectively within 15 days from the month end.

(xiv) In case it is found that the contractor is recovering the royalty in excess
of the actual royalty calculated as per the mineral under transit or
recover permit fee in excess of prescribed rates, the contractor may be
blacklisted or debarred for further royalty collection contract or excess
royalty collection contract for a period of next three years and excess
amount so collected shall be recovered from the contractor. Besides, the
contract shall be terminated after giving 15 days notice.

(xv) The contractor shall not have any other right regarding leases / quarries
in the contract area except realization of royalty / permit fee / other
charges mentioned in the contract for the actual weight of the mineral
transported at the scheduled rates for which contract has been awarded
on behalf of the State Government.

(xvi) Cancellation / surrender of leases or sanctioning of new leases /

revision of dead rent of existing leases in the area concerned shall not
have any impact on yearly contract amount.

(xvii) The Contractor shall pay the installment of contract money according to
the stipulations laid down in the contract, and if any amount is not paid
on due date it shall be collected as an arrears of land revenue and an
interest @ 15% will be charged from due date irrespective of any other
action being taken for cancellation of contract or imposition of penalty
under relevant rules.

(xviii) The contractor shall not transfer the contract as a whole or in part and
shall also not grant any sub-contract to or in the name of any other
person.

(xix) In case of default in the due observance of the terms and conditions of
the contract. The contract may be terminated by Assistant Mining
Engineer / Mining Engineer after giving 15 days notice with forfeiture
of security deposit or in the alternative may impose penalty under
relevant rules.

206
 (xx) The contract may be terminated by the State Government if considered
by it to be in public interest, after giving 15 days notice.

(xxi) Contractor shall issue photo identity card duly singed and stamped by
concerned Mining Engineer / Assistant Mining Engineer to all nakedars
or persons employed by him for royalty collection. For this purpose the
contractor shall submit list of nakedars / persons to be engaged for
royalty collection alongwith photo identity card and a fee of Rs.100/-
for each card to the concerned Mining Engineer / Assistant Mining
Engineer. Such identity cards shall be valid during the currency of the
contract only. All the nakedar / persons collecting royalty shall keep the
identify card with them during collection of royalty.

(xxii) No conditional tender shall be accepted.

(xxiii) The Contractor shall abide by the orders and instructions issued by the
Government or any officer of the Department in accordance with the
provisions of the Rajasthan Minor Mineral Concession Rules, 1986 and
shall also abide by all other terms and conditions under the Rajasthan
Minor Mineral Concession Rules, 1986 regarding royalty collection
contract not herein specified.

In witness where of parties have appended their signatures to these presents.

……..……………………….…… ……..………………..…………

(Signature of the Contractor) Signed on behalf of the Governor

of State of Rajasthan
Date ……..……………………… …....…………………….………

……..…………………………… (Designation)

Witness: 1………………………..

……..………………………….…

Witness: 2. …………………...…

207
 GOVERNEMNT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN
FORM NO. 11

ANNUAL RETURN FOR ASSESSMENT OF

ROYALTY FOR MINING LEASE
[See rule 38 (2)]

Name of lessee ----------------------------- Name of Mine-------------------------

Period of lease --------------------------- Tehsil -----------------------------------

Annual dead rent --------------------------- Distt.-------------------------------------

Name of mineral ----------------------

Period of assessment -----------------

S. No. Month or Opening Production Total Quantity

period stock of dispatched /
(with year) mineral sold/ used
1 2 3 4 5 6

Balance of Closing Total No. of Total Average no. of Labourers

Stock working days Men Women
7 8 9 10

(i) Rate of Royalty Rs……………………Per tonne

(ii) Total amount of Royalty Rs……………………………..

(iii) Less dead rent or royalty already paid Rs……………………………..

(iv) Excess royalty payable Rs………………………………

Date……………………… Signature of the Lease Holder

208
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY RAJASTHAN

FORM NO.11A

MONTHLY STATISTICAL RETURNS

FOR MINING LEASE
[See Rule 38(2)]

Name of lessee…………….…….. Month…………………………….

Name of Mine ……………….….. Period of lease……………..…..…

S.No. Opening stock of Mineral Production Total

1 2 3 4

Quantity despatched
Purpose Quantity Rawanna No. & Date Closing Balance

5 6 7 8

Average No. of Working days Quantity of over burden Remarks

Workers removed
9 10 11 12

Date: Signature of lessee

209
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY RAJASTHAN

FORM NO. 11-B

PRODUCTION, DESPATCH & STOCK REGISTER

[See Rule 18(9) (a)]

………………….Mines

…………..…….Month

S. No. Date No. of persons Opening stock Production Total

employed
1 2 3 4 5 6

Approximate Quantity Sale Price per tonne Approximate Actual despatch

of Mineral Despatched (grade wise) stock balance
7 8 9 10

Closing Stock Rawanna No. Vehicle No. Remarks

11 12 13 14

Total of full month Signature of Lessee

210
 1
[GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY RAJASTHAN

FORM 11-C

YEARLY REPORT OF PROSPECTING OPERATIONS CARRIED OUT

[See rule 3-K (1)]
To

State Government concerned or any person so authorised under rule 3K (1)

1. Type of the mineral for which : (a)

prospecting operations has
been granted (b)

2. Name and address of the :

licencee

3. Particulars of the prospecting :

licensee

(i) Date of execution :

(ii) Period : years : From : To:
(iii) Area under licence : Hectares
(iv) Prospecting Licencee No. :

4. Location of the prospecting :

licenced area

(i) Toposheet Number :

(ii) Cadastral Survey or :

Khasra Number

(iii) Village : Taluka / Tehsil:

District:

State:

(iv) Post Office: Police Station:

(v) Nearest Railway Station: Distance:

(vi) Nearest Rest House/ Dak Bungalow:

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

211
5. Particulars of the Geologist or Mining Engineer employed optionally, if any,
for the prospecting licenced area:

(i) Name and address :

(ii) Qualification :

(iii) Date of appointment :

(iv) Status of employment : Whole time: Part time:

6. Status of prospecting In progress:

operations:

Please tick mark one Completed :

whichever is applicable Abandoned:

7. Total surface area covered by prospecting work (hectare):

8. Prospecting work completed

during the year :

(a) Geological mapping : Area in Hectare: Scale:

(b) Pitting

(i) No. of Pits :

(ii) Grid Pattern :
(iii) Depth (Mts.) Average :

Maximum :

Minimum :

(c) Trenching

(i) No. of trenches (with :

interval)

(ii) Length (Mts) Average :

Maximum :

Minimum :

212
 (d) No. and size of samples :

(e) Drilling :

(i) No. of boreholes completed during the year (with size of core):

(ii) No. of boreholes in :

progress

(iii) Total yearly drilling (Mts) :

(f) Particulars of drilling Type

machines Make Capacity
No.of drills
(g) Details of samples tested :

(i) No. of samples tested :

(ii) Complete report :

(testing the suitability as per market requirement)

Place: Signature

Date: Name in full

Designation

Note: Please enclose a geological report describing the prospecting operations

undertaken so far accompanied by the detailed geological plans and sections showing
structures details such as joints, fractures, folds, grain size, texture etc. and also showing
locations of (a) bore hole, (b) pits, (c) trenches (d) sample position etc. The report shall
also contain the bore hole logs and inferences drawn as a result of the study of the
geology of the area and the interpretation of bore hole cores, pits, trenches, reserves of
mineral and complete report of at least two representative samples indicating stone
quality and suitability as per market requirements and the blocks proposed for mining
operations. ]

213
 1
[GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO.11-D

MONTHLY STATEMENT TO BE SUBMITTED BY ERCC CONTRACTOR

[See Rule 37-A (xiii)]

Name of contractor………………… Month…………………………….

Contract Area ……………………….. Mineral …………………...………

S.No. Date Name of lessee M.L.No. Vehicle No.

1 2 3 4 5

Mineral Rawanna No. Royalty Receipt Total weight Excess royalty

No. (Tonnes) collected (Rs.)
6 7 8 9 10

Date: Signature of contractor / representative]

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

214
 1
[GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO.11-E

MONTHLY STATEMENT TO BE SUBMITTED BY RCC CONTRACTOR

[See Rule 37-A (xiii)]

Name of contractor…………………… Month………………..…………….

Contract Area ………………….…….. Mineral …………….………………

S.No. Date Vehicle No. Mineral Royalty Receipt No.

1 2 3 4 5

Total weight Royalty (Rs.) Permit fee (Rs.) Total amount Remarks
(Tonnes) collected (Rs.)
6 7 8 9 10

Date: Signature of contractor / representative]

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

215
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO.12
1
[RAWANNA]
[See Rule 18(9)(c)]

Book No…………………… S.No……………….

Dated ………………….......

Name of the lease / short term permit holder………………………………………...

Name of location of the mines………………………………………………………..

Name of Mineral………………………………………………………………….…..

Quality of Mineral…………………………………………………………………....

Place where mineral is being sent………………………………………………........

Name of person / party to whom mineral is being despatched………………………

Mode of transport……………………… Vehicle No…………….…………….…..

Weight/Volume of mineral ………………………………….……………...............

Page No. of the “Rawanna Register” at which rawanna has been entered …...........

Time of despatch………………………………………………………….…………

Signature of the Driver…………………………..…………………………………..

Signature of mine owner / Manager

1. Substituted by Rajasthan Gazette Extra Ordinary dated 02/11/2012

216
 1
[GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO. 12-A

2
[ROYALTY RECEIPT]
FOR EXCESS ROYALTY COLLECTION CONTRACT
2
[See Rule 3(1) (xix-c) and 37-A(ii)]

Book No……………………… S. No....…………………….

Dated …………..………......

1. Name of the contractor ………………………….………………………………..

2. Contract Area ……………………………………………..………………………
3. Contract amount …………………………………………………..………………
4. Contract Period ……………………………………………………………....……
5. Mineral Name …………………………………………………………………….
6. Royalty Rate (Per Ton) ………………………………………………..………….
7. Name of Check Post / Naka ………………………………………………………
8. Name of Lessee and M.L. No. from which mineral is being brought ……………
………………….…………………………………………………………….……
9. Rawanna No.………..…...…Quantity of mineral mentioned in the
Rawanna…...........................(Ton)
10. Place where mineral is being sent……………………………..…………………..
11. Name of person/party to whom mineral is being despatched……………………..
12. Mode of transport………………… Vehicle No………………………………..
13. Weight/Volume of mineral ……………………………………………………….
14. Time of despatch………………………………………………………………….
Royalty amount recovered (Rs) In Figures …………………..……………….………
In words ……………………………………………..……………….……….……
15. Signature of the Driver……………………………………………………..………

Signature of Naka Incharge]

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Substituted by Rajasthan Gazette Extra Ordinary dated 02/11/2012
217
 1
[GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO.12-B
2
[ROYALTY RECEIPT]
FOR ROYALTY COLLECTION CONTRACT
2
[See Rule 3(1) (xix-c) and 37-A(ii)]

Book No…………………… S. No. ……………………….

Dated …………………......

1. Name of the contractor ………………………….………………………..

2. Contract Area ……………………………………..………………………
3. Contract amount ……………………………………..……………………
4. Contract Period …………………………………...………………………
5. Mineral Name …………………………………….………………………
6. Royalty Rate (Per Ton) …………………………………….…………..…
7. Name of Check Post / Naka ………………………………..……………..
8. Place from which mineral is being brought ….……………………………
9. Place where mineral is being sent…………………………………………
10. Name of person/party to whom mineral is being despatched…………..…
11. Mode of transport……………… Vehicle No…………………………
12. Weight/Volume of mineral……………………………………………...…
13. Time of despatch………………………..…………………………………
14. Royalty & permit fee recovered (Rs)
A. Royalty In Figures………………….………….…
B. Permit fee In Figures………………………..………
C. Total In Figures…………………………..……
In words …………………………………
15. Signature of the Driver……………………………………………………

Signature of Naka Incharge]

1. Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011

2. Substituted by Rajasthan Gazette Extra Ordinary dated 02/11/2012

218
 1
[GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO.12-C

TRANSIT PASS
[See Rule 3(1) (xxvi-a), 68]

Transit Pass Book No. ……………. Transit Pass / S. No……..….

(1) Name and address of consigner

(2) Name and address of consignee

(3) Name of Mineral

(4) Quantity (weight / volume)

(5) (a) Date of Dispatch

(b) Time of Dispatch

(c) Place from where mineral is to be

transported

(d) Destination to which mineral is

being transported

(6) (i) Mode of Transport

(ii) Carrier / Vehicle Registration No

(7) Name and address of driver of

vehicle

Signature of Driver Dated Signature of Consigner

Seal / Authentication of
Issuing Authority]

1. Inserted by Rajasthan Gazette Extraordinary dated 09/10/2012

219
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN
FORM NO.13

MODEL FORM OF NOTICE FOR REASSESSMENT OF ROYALTY

[See Rule 41 (1)]

From: To:
Mining Engineer/ .....……………………….………
Asst. Mining Engineer ………………………………….
Department of Mines & Geology …………………………………..
………………………………… ………………………………….

Sub:- Notice for re-assessment of royalty in respect of mining lease granted for
mineral near Village…………….. Teh………………. Distt…………………

Please refer to this office letter No……………….dated…………... vide which the

assessment of royalty for the assessment year …………………….in respect of your
lease mentioned above, was made and conveyed to under rule 41(1) of the Rajasthan
Minor Mineral Concession Rules,1986 and you are therefore, advised to please make
your self present in the office along with the records mentioned below within a period of
15 days from the receipt of this letter.

In case you fail to be present and produce records, the assessment shall be made in your
absence as per rule 41(1) of the Rajasthan Minor Mineral Concession Rules, 1986 and
the balance amount, if any shall be recovered under Rajasthan Land Revenue Act and
action will be taken as per clause 13(a) of the lease agreement under the Rajasthan Minor
Mineral Concession Rules, 1986

RECORDS TO BE PRODUCED

1. Production Register, 6. Bill Book

2. Stock Register 7. Labour Payment Register

3. Rawanna Book 8. Cash Book and other records connected

with the mining lease
4. Weighment slips 9. Any other records or documents which is
sought to be produced
5. Rawanna Register

Mining Engineer / Asst. Mining Engineer

220
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN
FORM NO.14

(To be submitted in duplicate)

REVISION APPLICATION
[See Rule 47]

1. Name and address of individual(s) / firm or company applying:

2. Profession of individual(s) / firm or company:

3. No. & date of order against which revision is filed (copy attached):

4. Designation of the authority having passed the said order:

5. Mineral or minerals for which the revision application is filed:

6. Details of the area in respect of which the revision application is filed:

District Tehsil Village

Total area claimed
(A map or plan of the area (s) to be attached)

7. Whether application fee of 1[ Rs.2000/-] has been deposited as prescribed in Sub-rule

2 of Rule 47 of the Rajasthan Minor Mineral Concession Rules 1986, If so, Treasury
receipt in original be attached

8. Whether the revision application has been filed within 3 months of the order passed
by the Competent Authority

9. If not, the reason for not presenting it within the prescribed limit as provided for in
proviso to sub-rule-1 of Rule 47 of the Rajasthan Minor Mineral Concession Rules,
1986

10. Name and complete address of the party/parties impleaded.

11. Grounds of revision.

Yours faithfully,

Place ………………….
Signature and designation of the applicant
Dated ………………….

1. Substituted by Rajasthan Gazette Extraordinary dated 18/12/2004

221
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY, RAJASTHAN

FORM NO.15

MODAL FORM FOR TRANSFER OF MINING LEASE

[See Rule 15(4)]

When the transferor is an individual:- 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).

When the transferor are more than one individual:- …………………………

…………………………………… (Name of the persons with address and
occupation) (hereinafter referred to as the “transferor” which expression shall where
the context so admits be deemed to include their respective heirs, executors,
administrators, representatives and their permitted assigns).

When the transferor is a registered firm…………………………………..……

……………………………… (Name and address of all the partners) all carrying on
business in partnership under the firm name and style of………………………
………………………………….…………….. (Name of the firm) registered under
the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at
………..…………………...………. (hereinafter referred to as the “transferor” which
expression where the context so admits be deemed to include all the said partners,
their respective heirs, executors, legal representatives and permitted assigns).

When the transferor is a registered company…………………………..………

…………..……………………………… (Name of Company) a company registered
under…………………….………… (Act under which incorporated) and having its
registered office at …………………………………………… (Address) (Hereinafter
referred to as the “transferor” which expression shall where the context so admits be
deemed to included its successors and permitted assign) of the first part.

AND

When the transferee is an individual…………………..……………………….

……………........…………… (Name of the person with address and occupation)
(herein after referred to as the “transferee” which expression shall where the context
so admits be deemed to include his heirs, executors, administrators, representatives,
and permitted assigns)

222
 When the transferee are more than one individual …………………………..
……………………………. (Name of the person with address and occupation) and
……………………………….…. (Name of the person with address and Occupation)
(Hereinafter referred to as the “transferee” which expression shall where the context
so admits be deemed to include their representative heirs, executors, administrators,
representatives and their permitted assigns)

When the transferee is a registered firm ……………….………. (Name and

address of all the partners) all carrying on business in partnership under the firm
name and style of …………………………. (Name of the firm) registered under the
Indian Partnership Act, 1932 (9 of 1932) and having their registered office at
………………………. (hereinafter referred to as the “transferee” which expression
where the context so admits be deemed to include all the said partners, their
respective heirs, executors, legal representatives and permitted assigns).

When the transferee is a registered Company……….……………………..

…..………………………………………………….. (Name of Company) a company
registered under (Act under which incorporated) and having its registered office
at…….…………………………………………………………. (address) (hereinafter
referred to as the “transferee” which expression shall where the context so admits be
deemed to include its successors and permitted assigns) of the second part.

AND

The Governor of …………….. (hereinafter referred to as the “State

Government” which expression shall where the context so admits to be deemed to
include the successors and assigns) of the third part.

Whereas by virtue of an indenture of lease dated the …………………… and

registered as on ……….………. (Date) in the office of the Sub-Registrar of
…………………………..… (Place) (herein after referred to as lease) the original
whereof is attached hereto and marked ‘A’ entered into between the State
Government (therein called the lessor) and the transferor (therein called the lessee),
the transferor is entitled to search for win and work the mines and minerals in respect
of …………………………(Name of minerals) in the lands described in the Schedule
thereto and also in Schedule annexed hereto for the terms and subject to the payment
of the rent and royalties and observance and performance of the lessee’s convenant
and conditions in the said deed of lease reserved and contained including convenant
not to assign the lease or any interest there under without the previous sanction of
the State Government.

And whereas the transferor is now desirous of transferring and assigning the
lease to the transferee and the State Government has at the request of transferor,
granted (with the prior approval of the Central Government) permission to the
transferor vide order No………….............................................. dated ………..………
to ……………………………………………… such a transfer and assignment is and
containing the terms and conditions hereinafter set-forth.

223
Now this Deed witness as follows:-

1. In consideration of Rs……………..paid by the transferee to the transferor the

receipt of which the transferor hereby acknowledges, the transferor hereby
conveys assigns and transfers into the transferee all the rights and obligations
under the said hereinbefore recited lease and to hold the same up to the
transferee with effect from…………. For the unexpired period of the said
lease

2. The transferee hereby covenants with the State Government that from and
after the transfer and assignment of the lease the transferee shall be bound, by
and be liable to perform, observe and confirm and be subject to all provisions
of all the covenants, stipulations and conditions contained in said herein before
recited lease in the same manner in all respects as if the lease had been granted
to the transferee as the lessee there under and he had originally executed it as
such.

3. It is further hereby agreed and declared by the transferor of the one part and
the transferee of the other part that:-

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

(ii) The transferor hereby declares that he has not assigned, subject,
mortgaged or in any other manner transferred the mining lease now
being transferred and that no other person or persons has any right, title
or interest where under in the present mining lease 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 transferor further declares that he has furnished in affidavit along
with his application for transfer of the present mining lease specifying
therein the amount that he has already taken/proposes to take as
consideration from the transferee.

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

(vi) The transferor has supplied to the transferee the original/or certified
copies of all plans of abandoned workings in the area and in belt 6
meters wide surroundings it.

224
 (vii) The transferee hereby further declares that as a consequence of this
transfer, the total areas while held by him under minor mineral
concessions are not in contravention of rule 11(2) of the Minor
Minerals Concession Rules.

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

In witness where of the parties hereto have signed on the date and year first above
written.

………………………………… …………………………………
Signature of the transferor Signed on behalf of the
(Designation) Governor of State of Rajasthan

…………………………………
Signature of the transferee

Date ……………………………………………..

Witness I ………………………………………..

Witness II……………………………..…………

*************

225
 1
[ANNEXURE-1

(See rule 21(2)(i))

MINE MACHINERY TO BE DEPLOYED IN CASE OF MINING LEASE OF

MINERAL GRANITE

1. Where one or more plots having total area up to 6.00 hectares is sanctioned, the
following machinery shall be deployed, namely:-

(i) Compressor One

(ii) Rock Drill Two
(iii) Chain Pulley Block One
(iv) Wedges and feathers As per requirement
(v) Jib Crane One

2. Where plots having total area more than 6.00 hectares and up to 15.00 hectares
are sanctioned, the following machinery shall be deployed, namely:-

(i) Compressor Two

(ii) Rock Drill Four
(iii) Chain Pulley Block/Mechanical winches As per requirement
(iv) Wedges and feathers As per requirement
(v) Derrick Jib Crane One per 3 hect.
(vi) Mechanical Excavator cum Loader One
(vii) Flame jet burners As per requirement
(viii) Dumpers/Trucks Two for each excavator

3. Where plots having total area more than 15.00 hectares are sanctioned, the
following machinery shall be deployed, namely:-

(i) Compressor Three

(ii) Rock Drill Six
(iii) Chain Pulley Block/Mechanical winches As per requirement
(iv) Wedges and feathers As per requirement
(v) Diesel / electrically operated Crane One per 3 hect.
(vi) Mechanical Excavator cum Loader Two
(vii) Flame jet burners As per requirement
(viii) Dumpers/Trucks Two for each excavator

1. Added by Rajasthan Gazette Extraordinary dated 12/07/2013

226
 SCHEDULE OF PENALTIES FOR NON-OBSERVANCE OF THE TERMS &
CONDITIONS OF AGREEMENT UNDER RMMCR, 1986

S Rule Clause Brief content Action / Schedule of Penalty

N of of the breach Penalty
Agree-
ment
1. 18 4(1) Non payment Determine (i) If the breach is remedied after
(1) (2) (3) of royalty the lease notice period but within 45 days from the
(2) & (4) dead rent and and forfeit date of receipt of notice 5 % of security
& other charges. the amount shall be forfeited with minimum
(3) security Rs. 1,000/-.
or impose (ii) If the breach is not remedied after
penalty 45 days the lease shall be determined
not with forfeiture of security amount.
exceeding Provided that if the breach is
twice the remedied in full before the lease
amount of termination order is issued, the lease shall
annual not be determined and instead 10% of the
dead rent. security shall be forfeited with minimum
Rs. 2,000/-

2. 18 4 (7) Non-erection -do- (i) If the breach is remedied after

(6) of boundary notice period but within 45 days from the
pillars and its date of receipt of notice 5 % of security
proper maint- amount shall be forfeited subject to
enance. minimum Rs. 1,000/-. and maximum Rs.
5,000/-
(ii) If the breach is not remedied after
45 days the lease shall be determined
with forfeiture of security amount.
Provided that if the breach is
remedied in full before the lease
termination order is issued, the lease shall
not be determined and instead 10% of
security shall be forfeited subject to
minimum Rs. 2,000/- and maximum Rs.
10,000/-
Note- Separate penalty shall be in respect
of each pillar.

227
3. 18 - Non- -do- (i) If the breach is remedied after notice
(8) commencement of period but within 90 days from the date of
mining operation receipt of notice 5 % of security amount
within six months shall be forfeited with minimum Rs 1,000/-.
from the date of (ii) If the breach is not remedied after 90
execution of the days the lease shall be determined with
lease and there forfeiture of security.
after carry on Provided that if the breach is
effectively. remedied in full before the lease
termination order is issued, the lease shall
not be determined and instead 10% of the
security shall be forfeited with minimum
Rs. 2,000/-.

4. 18 4 (a)Not- -do- (i) If the breach is remedied after notice

(9) (10) maintaining period but within 45 days from the date of
correct account of receipt of notice 20% of security amount
production of shall be forfeited subject to minimum Rs.
minerals. 1,000/- and maximum Rs. 10,000/-.
(b)Non- (ii) If the breach is not remedied after 45
production of days the lease shall be determined with
record for royalty forfeiture of security amount.
assessment. Provided that if the breach is
(c)Not- submitting remedied in full before the lease
monthly returns. termination order is issued, the lease shall
(d)Not- not be determined and instead 40% of the
despatching security minimum Rs. 2,000/- and
mineral with maximum Rs. 20,000/-.
Rawanna.
5. All other breaches -do- (i) If the breach is remedied after notice
not mentioned period but within 45 days from the date of
above. receipt of notice 5% of security amount
shall be forfeited subject to minimum Rs.
500/- and maximum Rs. 5,000/-.
(ii) If the breach is not remedied after 45
days the lease shall be determined with
forfeiture of security amount.
Provided that if the breach is
remedied in full before the lease
termination order is issued, the lease shall
not be determined and instead 10% of the
security shall be forfeited subject to
minimum Rs. 1,000/- and maximum Rs.
10,000/-.

228
 SCHEDULE OF PENALTIES FOR NON-OBSERVANCE OF
THE TERMS & CONDITIONS OF ROYALTY COLLECTION CONTRACT /
EXCESS ROYALTY COLLECTION CONTRACT
AGREEMENT UNDER RMMCR, 1986

S. Rule Clause Brief Action / Penalty Schedule of Penalty

No. of content of
Agree- the breach
ment
1. 32 (1), (8) Collection Contract may be (i) If the breach is not
& of Royalty terminated by continued after receiving legal
37 for the competent notice by contractor, amount
mineral authority with collected from outside
produced forfeiture of jurisdiction by the contractor
form the security deposit shall be recovered and also 10%
outside after serving up of security amount or Rs.
jurisdiction legal notice, as 25,000/- whichever is lower
of the also the shall be payable by the
contract. installment paid contractor.
in advance or the
alternative may (ii) If the breach is also
impose penalty continued even after receiving
not exceeding the notice the contract shall be
security amount. determined with forfeiture of
100% of security.

2. 32 (1) Charging of -do- (i) If the breach is not

& Royalty at a continued after receiving the
37 rate higher legal notice, the excess amount
than as collected by the contractor, on
specified in higher rates than as specified in
Schedule-I rules, shall be recovered
of MMCR, alongwith 18% interest from
1986 and contractor and also 10% of
charging of security amount or Rs. 25,000/-
Permit fee / whichever is lower shall be
other payable by the contractor.
charges
higher than (ii) If breach is continued
prescribed in after notice period, the contract
MMCR, shall be determined with
1986 or forfeiture of 100% of security.
otherwise.

229
3. 37 (2) Incomplete -do- (i) If the breach is not
Royalty continued after receipt of notice,
Receipts 5% security amount or Rs.
issued by 5,000/- whichever is lower shall
the be payable by the contractor.
contractor.
(ii) If the breach is continued
after receipt of notice period for
next 30 days 10% of security
amount or Rs. 10,000/-
whichever is lower shall be
payable by the contractor.

(iii) If the breach is continued

after 30 days of receiving the
notice contract shall be
determined with forfeiture of
100% of security.

4. 32 (2) Non- -do- (i) If the breach is remedied

Production after the notice period but within
of 30 days from the date of receipt
conterfoils of notice 5% of security amount
of receipts or Rs. 15,000/- whichever is
and other lower shall be payable by the
records. contractor.

(ii) If the breach is remedied

after 30 days but before 60 dyas
of receiving the notice 10% of
security amount or Rs. 30,000/-
whichever is lower shall be
payable by the contractor.

(iii) If the breach is not

remedied after 60 days of
receiving the notice, the contract
shall be determined with
forfeiture of security amount.

230
5. 34(g) (11) Non- Cancellation of (i) If the breach is remedied
& payment of contract or by the contractor within the
35(g) installments imposition of notice period, no penalty shall
of contract Penalty after be imposed.
as specified serving upon legal
in notice. (ii) If the breach is remedied
Agreement. by the contractor after notice
period but before cancellation of
contract 10% of security or Rs.
50,000/- whichever is lower
shall be charged.

(iii) If the breach is not

remedied by the contractor
within the notice period,
contract shall be determined
with forfeiture of 100% security
amount.

6. 37 & - Non- -do- (i) If the breach is remedied

32 payment of within the notice period, no
(3) difference penalty shall be imposed.
of security
amount and (ii) If the breach is remedied
Bank after notice period but before
Guarantee cancellation of contract 2% of
due to security or Rs. 20,000/-
enhanceme whichever is lower shall be
nt of charged.
contract
amount. (iii) If the breach is not
remedied by the contractor
within the notice period,
contract shall be determined
with forfeiture of 100% security
amount.

231
 GOVERNMENT OF RAJASTHAN
DEPARTMENT OF MINES & GEOLOGY,
RAJASTHAN

RAJASTHAN MINOR MINERAL

CONCESSION RULES 1986
(Amended Up to May 16, 2016)

232