Policies

Granite Policy

In exercise of the powers conferred by rule 65A of the Rajasthan Minor Mineral Concession Rules, 1986, the State Government in the interest of mineral development, hereby notifies the procedure for grant of prospecting licence and mining lease for Granite as under,

Grant of mining lease in Government land.-
1. Mining lease in the Government land. shall be granted by method of application under Chapter-II of the Rajasthan Minor Mineral Concession Rules, 1986.

Provided that where the Government land has been reserved under rule 73 of the Rajasthan Minor Mineral Concession Rules, 1986 and existence of Granite therein has been established by a team of Superintending Mining Engineer and Superintending Geologist, the plots for mining lease shall be delineated and allotted by application.

1. The plots delineated under proviso to subclause (1) shall be notified for grant of mining lease by the Director with the prior intimation to the Government, in atleast two daily news papers having wide circulation in the State and also on website. The notification shall be published atleast 30 days before the date of receipt of applications in respect of grant of mining lease.
2. The size of plot/area shall be 3.00 hectares but it may be changed by the Director for reasons to be recorded in writing.
Restrictions on grant and renewal of mining lease
1. Restrictions provided under rule 4 of the Rajasthan Minor Mineral Concession Rules, 1986 shall apply in respect of a mining lease granted or renewed under this notification.
2. No mining lease shall be granted unless it is satisfied that there is evidence to show that the area for which the lease is applied for has been prospected earlier for granite or the existence of granite therein has been established otherwise.
3. Mining lease shall be granted only in favour of such applicant who undertakes to deploy the mine machinery prescribed under Annexure-1 within one year from the commencement of the lease: Provided that if mine machinery prescribed. under Annexure-1 has not been deployed within the prescribed period of one year, the competent authority may allow a further period of six months on payment of a penalty equal to 50% of the annual deadrent.
4. No person shall acquire an area(s) exceeding 9.00 hectares in the entire State:

Provided that where mining lease(s) have already been granted for area(s) exceeding the aforesaid limit, it shall not be reduced:

Provided further that where any person has installed in the State one or more diamond gangsaw capable of sawing granite block of 2.5m x 1.5m x1.5m or diamond circular saw having main motor capacity of 100'HP or more may be granted area upto limits specified below:

No. of diamond gangsaw/ circular saw	Area (Hectares)
One	15.00
Two	21.00
Three	27.00
Four or more	33.00

5. Provided also that an area upto 50.00 hectares may be granted by State Government to a person who has made an investment exceeding RS. 10.00 Crores in mine mechanization and/or installation of processing plant(s) in the State, Explanation:- A person who has acquired land and has made atleast 50% of the capital investment envisaged in installation of gang saw/circular saw shall be deemed to have taken effective steps for the installation of such plant(s).

1. For the purpose of determining the total area referred to in sub-clause (4) the area already held under a mining lease by an applicant or by any member of his/her family individually or as a partner of a firm shall be deducted from the maximum area which could be granted.
Prospecting Licence:
1. The period for which a prospecting licence may be granted shall not exceed one year.

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

An application for a prospecting licence and its renewal shall be made to the Mining Engineer/ Assistant Mining Engineer concerned in Form-A and Form-B respectively.
No person shall acquire one or more prospecting licences covering a total area of more than 50 hectares in the entire State. ` Provided that area that may be granted or renewed under a prospecting licence shall be 5.00 hectares or more.
Every such application shall be, accompanied by:
- a fee of Rs.1000/- or as enhanced by the State Government from time to time which shall not be refunded;
- a plan of the area together with description report connecting one of the corner pillars with a fixed reference point in the vicinity.
- (i) a valid no dues certificate from the Mining Engineer/ Assistant Mining Engineer concerned if the applicant holds or has held any mineral concession.

Provided that where the applicant is a partnership firm or a private limited company, such certificate shall be furnished by all partners 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 it furnished within sixty days from the date of application failing which the application shall become invalid;

Provided further also that where 'any injunction has been issued by a court of law or 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 a prospecting licence;

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 any mineral concession of any type;

1. - 1. an affidavit stating that no dues of the department are outstanding against any member of his family.
    2. 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.
  - an affidavit to the effect that the area applied by him is a Government land and, not owned by other person or Khatedar. Provided that where the land is not owned by the applicant, has obtained surface rights over the area or has obtained the consent of the owner of the land to undertake prospecting operations.
2. every application under sub-clause (4) shall be acknowledged in Form-C on the date of its receipt.
3. restrictions provided in rule 4 of the Rajasthan Minor Mineral Concession Rules, 1986 shall also apply in respect of a. prospecting licence granted or renewed under this notification.
Disposal of application for grant and renewal of prospecting licence.-
1. An application of grant and renewal of a 'prospecting licence shall be disposed of by the State Government or any officer authorised in this behalf.
2. An application for the renewal of a prospecting licence shall be made atleast ninety days before the expiry of the prospecting licence and shall be accompanied by:
3. - a statement relating to the prospecting operations already undertaken by the applicant.
  - the amount of expenditure incurred on prospecting work.
  - the period which is, required to complete the prospecting work.
4. An application for the renewal of a prospecting licence shall be -disposed of by State Government or any other officer authorised in this behalf before the expiry of the period of ' prospecting licence.

Provided that if the applicant for renewal of a prospecting licence has not been disposed of before expiry of the prospecting licence, it shall be deemed to have been extended for a period till the date of disposal.

1. The competent authority may after giving notice of 30 days to the applicant, and for reasons to be recorded in writing and communicated to the applicant, refuse to grant or renew a prospecting licence over the whole or part of the area applied for.
Status of grant or renewal on death of the applicant for prospecting licence.-
1. Where an applicant for the grant or renewal of a prospecting licence dies before the order granting him a prospecting licence is passed, the application for the grant or renewal of a prospecting 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 a prospecting licence is passed but who dies before the deed referred to in sub-clause(1) of clause 6 is executed, the order shall be deemed to have been passed in the name of the legal representative of the deceased.
Execution of the deed of prospecting licence and its transfer.-
1. Where on any application for a prospecting licence an order has been made for the grant or renewal or transfer of such licence,, a licence deed in Form-D and 'G' as the case, may be shall be executed within ninety days of the date of the communication of the order or 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, renewing or transferring the licence and in that event the fee paid shall be forfeited to the State Government.
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 subclauses (1).
Security deposit-
1. An applicant for a prospecting licence shall, before the deed referred to in sub-clause (1) of clause 6 is executed, deposit as security for the due observance of the terms and conditions of the licence a sum of rupees five thousand or enhanced by Government from time to time in the form of National Saving Certificate or a fixed deposit receipt of a Nationalised Bank duly pledged in favour of assistant Mining Engineer/Mining Engineer concerned.
2. The licensee shall, submit to the State Government or to any officer authorised in this behalf, a six 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 one months from the close of the period to which it relates.
3. Any deposit made under sub-clause(1), if not be forfeited under these rules, shall be refunded to the applicant as soon as the report referred to in sub-clause (2) is submitted.
Registers
1. A register of applications for prospecting licenses shall be maintained by the Assistant Mining Engineer/Mining Engineer concerned in Form E.
2. A register of prospecting licence shall be maintained by the Assistant Mining Engineer/ Mining Engineer concerned in Form F.
Conditions of prospecting licences -
1. Every prospecting licence granted under these provisions, shall, in addition to any other conditions that may be specified therein, be subject to the following conditions, namely:

(i) The licensee shall pay such prospecting fee as may be fixed by the State Government, being not less than one thousand rupees or as enhanced by the Government from time to time per hectare of land covered by the licence for each year or part of a year of the period for which the licence is granted or renewed. Provided that, the licensee may win and carry away granite for purposes other than commercial purposes a quantity upto 150 tonnes on payment of royalty at the rate in force;

(ii) With the written approval of the State Government, the licensee may carry away quantities of minerals in excess of 150 tonnes on payment of royalty for the time being specified for test purposes;

(iii) Save in the-case of land in respect of which the licensee is granted a mining lease, he shall, within six. months next 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 Assistant Mining Engineer/Mining Engineer concerned the discovery of any mineral not specified in the licence within a period of sixty days from the date of such discovery and shall not undertake any prospecting operations in respect of such minerals unless it is included in the licence;

(v) The licensee 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;

(vi) The licensee, shall not except with the previous sanction of the Director or any other officer authorised by State Government transfer his licence;

Provided - that the Director or any other officer authorised by the State Government 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 purposes to take as consideration from the transferee;
the licensee has submitted application with a fee of Rs.500.00 or as enhanced by Government from time to time which shall not be refunded;
the transfer of the prospecting licence is to be made to a person or body directly undertaking prospecting operations;

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

(viii) The licensee shall observe the provisions of the Granite Conservation and Development Rules, 1999;

(ix) The licensee shall

take immediate measures for the planting in the same area or any other area selected by the Central or the State Government not less than twice the number of trees felled as a result of any prospecting operations;
look after them during subsistence of the licence after which these trees shall be handed over to any other authority as may be nominated by the Central or State Government;
restore, to the extent possible, other flora destroyed.by prospecting operations;

3. (x) The licensee shall pay to the occupier of surface of the .land such compensation as may become payable as per rules in force;

(xi) A prospecting license may contain other conditions relating to the following as the State Government may think fit to impose, namely:

compensation for damage to land in respect of which the license has been granted.
indemnity to Government against the claim of a third party for any damage, injury or disturbance caused to him by the licensee;
restrictions regarding felling of trees on unoccupied and unreserved Government land and other environmental conditions as may be decided from time to time.
restrictions on prospecting operations in any area prohibited by any competent authority and' other - environmental conditions as may be decided from time to time.
conditions regarding entry on occupied land;
facilities to be given by the licensee for working other minerals in the licensed area or adjacent areas;

4. (xii) Every holder of a prospecting license for granite shall submit to the State Government or any other officer authorised in this behalf, within a period of sixty days, from the date of execution of . prospecting license, a scheme of prospecting indicating the manner in which he proposes to carry out the prospecting operations in accordance with the Granite Conservation and Development Rules,1999;

(xiii) 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;

(xiv)

The licensee shall allow every officer authorised by the Central Government or the State Government in this behalf to examine at any time accounts maintained under sub clause (xiii) and furnishthe Central Government or the State Government such information and returns as it or any officer authorised by it in that behalf may require. -
The licensee shall allow any officer authorised by the Central Government or the State Government in this behalf to inspect any prospecting operations carried on by him;

5. (xv)

- The prospecting operations shall be carried out in such a manner so as to ensure systematic development and conservation of granite deposits and protection of environment.
- In the case of breach of any condition imposed -on the holder of a prospecting license under this clause, or otherwise the State Government or any officer authorised in this behalf, may by order in writing, cancel the license and/or forfeit the security deposited under clause-7 in whole or part.
- No area which was previously held under a prospecting licence or in respect of which order granting a prospecting licence has been revoked shall be available for grant unless an entry has been made in the register and notification under rule-59 of the Rajasthan Minor Mineral Concession Rules, 1986 has been issued.
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 subject to condition of area of the lease.

Provided that the State Government or any other officer authorised in this behalf is satisfied that the licensee:

1. - has undertaken prospecting operations to establish granite resources in such land;
  - has not committed any breach of the terms & conditions of the prospecting licence; and
  - is otherwise a fit person for being granted the mining lease.
2. Subject to the provisions of sub-clause (1) where two or more persons have applied fQr 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 any such applications are received on the same day the competent officer shall decide them by method of lottery.
Suitability of persons for grant of mining lease.
1. Where applications are invited for grant of a mining lease in new area, all applications received within 30 days from the date notified in the News Papers shall be considered on the same footing irrespective of the date of submission of the applications.

Provided that during the aforesaid period of 30 days, all applications shall be received in- a sealed cover and open after completion of the said period.

1. Separate application shall be made for each plot.
2. Where two or more applications of mining . lease referred to in sub-clause (1) or otherwise are received for the same plot/area from the eligible person, the competent officer may grant mining lease to one of the applicant by method of lottery: Provided that where the applicant selected for grant of mining lease fails to execute agreement under Rajasthan Minor Mineral Concession Rules, 1986, or under this notification the order of grant shall be revoked and the mining lease shall be granted to the applicant next in the panel of three applicants drawn during the lottery.
Reservation for grant of mining lease.-

Fifty per cent of the plots delineated in the Government land shall be kept reserved as under:

Fifteen per cent of the delineated. plot shall be kept reserved for persons who have installed granite processing plant or circular - saw or have taken effective steps to, install such plant(s) as mentioned in sub-clause(4) of clause-2 of this notification.
Five per cent of the delineated plots shall be kept reserved for persons who undertake to invest a minimum of Rupees Ten Crbres for mechanisation of mines and/or installation of 100 per cent Export Oriented Unit (E.O.U.) processing plant(s) in the State or undertake to export 50% of the total produce. The applicant, shall submit satisfactory proof of his capacity in this regard. Allotment of such plots shall-.be..: made by the State Government.
Thirty per cent of the delineated plots shall; be kept reserved for persons belonging to scheduled castes/ scheduled tribes & other backward classes etc. as under -

Scheduled Castes	10%
Scheduled Tribes	10%
Other. Backward - Classes	5%
Unemployed Graduates	3%
Dependents on Martyrs of
Defence Forces, freedom fighters	2%

o Provided that mining lease granted under this provision shall not be transferred to a person belonging to other category and the mining lease has remained in force for atleast 5 years from its commencement.

The benefit of reservation under Clause 12 shall be given to an applicant only once.
Grant of prospecting licence or mining lease in Khatedari or other private land -

In case of Khatedari or other private land, prospecting licence/ mining lease shall be granted or renewed in favour of Khatedar or private land holder or such other person having acquired surface rights from the khatedar or land owner on the basis of mutual legal agreement and subject to the conditions that-the applicant agrees to undertake mining operations by deploying the mine machinery prescribed in the Annexure-1. Provided that in case of khatedari and other private land; the area which was previously held or which is being held under a prospecting licence or mining lease or in respect of which the order of grant has been made but the same has been revoked, shall be treated as available for grant after the date of . termination or surrender or revocation of the prospecting licence or mining lease without a notice issued under the provisions of the Rajasthan Minor Mtheral..Concession -Rules, , 1986, for declaring the area free for regrant. Provided further that the size of area granted in the khatedari or other private land shall be as far as possible be 3.00 hectares subject to the condition that if the applicant is Khatedar or land owner himself where the size of area may be upto the land holdings in his favour but in no case it shall be less than 0.50 hectare.

Provided also that where the available area is less than 0.50 hectare and surrounded by two or more existing leases as provided in rule 11 of the Rajasthan Minor Mineral Concession Rules, 1986 it shall be granted to any one adjoining lessee on the basis of no objection of the Khatedar/ land holder to such person and the new area shall be added to the existing lease.

Applicability of Granite Conservation and Development Rules, 1999. All provisions of Granite Conservation and Development Rules, 1999 shall be applicable in respect of prospecting licence and mining lease granted as per this notification.
Grant of mining lease in the existing areas - In the existing areas where applications for grant of mining lease have been received under any notification, the following procedure shall be adopted:

1. The pending applications received in respect of plots notified or otherwise of mining lease before issue of this notification shall be disposed off in terms of, this policy. Provided that where the existence of granite is not established, the mining lease applications shall be converted and treated applications of prospecting licence.
2. The existing mining lease holder shall submit approved mining plan as pea provisions of the Granite Conservation aN Development Rules, 1999.
3. Where execution of any mining lease pending before the commencement of the notification it may be executed aft ` submission of approved mining plan subject to other provisions of this notification a rules.
Supersession. This notification shall supersede a earlier notifications, circulars or any other directions what so ever issued in the matter grant of mining lease for granite.
This notification shall come into force from the date of its publication in the Official Gazette.

Annexure-1

MINE MACHINERY TO BE DEPLOYED

1. Where one or more plots having total area upto 6.00 hectares is sanctioned, following machinery shall be deployed

Compressor	One
Rock Drill	Two
Chain Pully Block	One
Wedges and feathers	As per requirement
Jib Crane	One

2. Where plots having total area more than 6.00 hectares and upto 15.00 hectares are sanctioned, following machinery shall be deployed

Compressor	Two
Rock Drill	Four
Derrick Jib Crane	One per 3 Hect.
Chain Pully Block/
Mechanical Winches	As per requirement
Mechanical Excavator	One cum Loader
Flame jet burners	As per requirement
Dumpers / Trucks	Two for each excavator

3. Where plots having total area more than 15.00 hectares are sanctioned, following machinery shall be deployed

Compressor	Three
Rock Drill	Six
Diesel /electric operated	One.per 3 hect. Crane
Chain Pully Block/	As per requirement
Mechanical Winches/
Mechanical Excavator	Two cum loader
Flame Jet Burner	As per requirement
Dumpers/Trucks	Two for each excavator

Form A "To be submitted in Triplicate"

Received at ................(place)

On .........................(date)

Initial of Receiving Officer

GOVERNMENT OF RAJASTHAN Application for Prospecting Licence See clause 3(2) of Granite Policy 2002 Dated day of 20.... To,

The Mining Engineer/ Assistant Mining Engineer, Mines & Geology Department, Government of Rajasthan, .....................

Sir,

1. I/We request that a prospecting licence for granite and/or gther associated minerals under the M.M.C.R. 1986 be granted to me/us.

2. A sum of Rs.1,000/- (Rs. One thousand) being the fee in respect of this application has been deposited.

3. Following are the required particulars:

(a) In case the applicant is an individual:

Name of the Applicant
Father's Name/Husband's Name
Caste
Occupation
Permanent address

(b) In case the applicant is Firm/Company/ Association/ Society:

Kind of business
Place of business
Place of registration
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.

Details of mining leases and- prospecting licences, held by the applicant in Rajasth:

S.No. Name of Mineral for Extent of Period of Location of ' Division which lease area held lease from lease area is held to

A. Mining Lease

B. Prospecting Licence

5. Details of application, for mining lease and prospecting licences, already submitted/ pending/ applied for, simultaneously.

S.No. Name of Mineral for . Extent of Period of Location Division which lease area lease from of lease is applied to area

A. Mining Lease

B. Prospecting Licence

6. Total area required for the mineral applied for ......................

7. Category to which the applicant belongs (as specified in Granite Policy, 2002) (Please attach necessary certificate).

(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.

(b) Please enclose a copy of Khasra Map covering the applied area and a copy of Revenue jambandi 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. Please indicate the distance of the following from the applied area:

A Any important tank or dam falling within 1.00 km. radius of the applied area.

B Any important temple, mosque or any other place of worship or place of archeological, tourist importance including burial ground etc. falling within 1 Km. radius of 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.

10. No. and date of the valid clearance certificate of payment of mining dues (copy attached).

11. If on the date of application the applicant does not hold a prospecting licence, it should be stated whether an affidavit to this effect has been furnished to the satisfaction of the State Government.

12. Does the applicant have surface rights over the area for which he requires a prospecting licence.

13. If not, has he obtained the consent of the owner, and the occupier of the land for undertaking prospecting operations. If so, the consent of the owner and the occupier obtained in writing be filed.

I/We do hereby declare that the particulars furnished above are, correct and am/are ready to furnish any other details, including accurate plans as may be required by you.

Yours faithfully,

(Signature and designation of the applicant) Place: Date

Note:

1. If the application is signed by an authorised agent of the applicant, Power of Attorney should be attached. -

2. The application should relate to one compact area only.

3. Detailed plan and map is- to be attached in triplicate with the original application for proper demarcation of the area.

4. The restriction on grant of Prospecting Licence shall remain same as envisaged in the GCDR 99, MMCR 86 and Granite Policy 2002.

Form B

"To be submitted in duplicate" GOVERNMENT OF RAJASTHAN

Application for Renewal of Prospecting Licence See clause 3(2) of Granite Policy 2002) Received at .....................(place)

On .............................. (date) Initial of Receiving Officer Dated Day of 20......

To,

The Mining Engineer/ Assistant Mining Engineer, Mines & Geology Department, Government of, Rajasthan, Sir, I/We request for renewal of my/our prospecting licence under The M.M.C.R.1986 and The GCDR 99.

1. A sum of Rs.1,000/- (Rs. One thousand) being the fee in respect of this application has been deposited.

2.. The required particulars are given below:

(i) Name of the applicant with complete address

(ii) Is the applicant a private individual/ private company/public company/ firm or association?

(iii) In case applicant is:

(a) an individual, his nationality,

(b) (a company, an attested copy of the certificate of registration of the company shall be enclosed)

(iv) Profession or nature of business of applicant.

(v) No. and date of the valid clearance certificate of payment of mining dues (copy enclosed). (vi)

(a) Particulars of the prospecting operations to be undertaken for which renewal is desired.

(b) Details of previous renewal/renewals granted, if any.

(vii) Reasons in detail for asking for renewal of prospecting licence alongwith a report on the prospecting operation already done:

(viii) Period for which renewal'of prospecting licence is desired.

(ix) Whether renewal is desired for the whole or part of the area held under prospecting licence.

(x) 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 of demarcating the plot)

(c) Particulars of the map of area held under prospecting licence with area applied for renewal clearly marked on it be attached.

(xi)

(a) Does the applicant continue to have the surface rights over the areas of the land for which he requires renewal' of the 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, be filed.

(xii) Particulars of the area mineral-wise in each State only supported by an affidavit for which the applicant or any person jointly in interest with him

(a) already holds under prospecting licence;

(b) has already applied for but not granted;

(xiii) Any other particulars which the applicant may wish to furnish. I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details, including accurate plans, as may be required by you.

Yours faithfully, Place: Date

Signature and designation of the applicant N.B.: If the application is signed by an authorised agent of the applicant, Power of Attorney should be attached.

FORM-C

'Receipt of Applications for Prospecting Licence/ Renewals of Prospecting Licence (See clause 3(5) of Granite Policy 2002)

Government of Rajasthan Department of Mines & Geology, Rajasthan

S.No. Dated: Received the application with the following enclosures for a prospecting licence/renewal of prospecting licence/ of Shri/Sarvshree .............................. . on ............... 20..... for about . ....................... hectare of land located in or near village ...............................Tehsil .................... District ................. for prospecting of nvneral granite. ` Enclosures: Place: Date Signature and designation of Receiving Officer

FORM - D

Model Form of Prospecting Licence See Clause 6(1) Granite Policy, 2002

When the licensee THIS INDENTURE made this ............. day

is an individual ............ of .................. between the Governor of ............ (hereinafter referred to as the 'State Government' which expression shall where the context so admits be deemed to include his successors and assigns) of the one part and ............ (name of person with address and 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). When the ....................................................... (Name of licensees are more person with address and occupation) and than one ..............(Name of person with addresses and individual. occupation) (hereinafter referred to as "the licensees" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assigns). When the licensee ........................................................ (Name is a registered and address of partner) son of ................... Of firm. .................... son of .................of ..................... son of ..................... of ................ 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 ............. t..... (hereinafter referred to as "the licensees" which expression shall where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns.

When the licensee ...................................................... (Name of

is a registered company) a company registered under ................ company (Act under which incorporated) and having its registered office at ........................... (address) (hereinafter referred to as "the licensee" which expression shall where the context so admits be deemed, to include its successors and permitted assigns) of the other art.

WHEREAS the licensee/licensees has/have applied to the State Government in accordance with the Rajasthan Minor Mineral Concession Rules, (M.M.C.R.) 1986 (hereinafter referred to as the said Rules) and Granite Policy, 2002 for a licence to prospect for GRANITE 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 Rs. .......... as the prescribed security in respect of such licence and has/have paid to the State Government the sum of Rs. as the prescribed prospecting fee for .......months/years in advance in respect of such licence and WHEREAS there is no objection to the grant of such licence (and WHEREAS the State Government has approved the grant of this licence) NOW THESE PRESENTS WITNESS as follows:

PART-1

In consideration of the fee, royalties, covenants alid agreements hereinafter reserved and contained alld oll the part of the licellseg/licensees to be paid observed atid perfor111ed the State Government hereby grants and demises Into the Iicensee/licensees the sole rights and licence.

To enter upon the lands and to search for, win or carry away and dispose of mineral won

(1) To enter upon the said lands and to search for by quarrying, boring and digging, granite 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 foP commercial purposes: . Provided that the licensees may win and carry away for purposes other than commercial purposes-

Any quantity of Granite and or other associated minerals not exceeding 150 (tonnes) as specified in clause 9(1)(i) of Granite Policy 2002 for testing its use in any industry specified by the Government in this behalf, on payment of royalty;
With the written approval of the State Government, the licensee may . carry away quantities of minerals in excess the limit specified in the Granite Policy 2002 for any test purpose.

clear undergrowth the brushwood, etc.

(3) Subject to the provisions of clauses 5 and 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 deminish 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:

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 licensee/ 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 term of (hereinafter referred to as the said term).

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 terms.

PART-11 Covenants by Licensee/Licensees

The licensee/ licensees here 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 prospecting 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 or Granite Policy, 2002.

To carry on work in workman like manner

(3) To work and carry on the operations hereby licensed in a fair orderly skillful 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 up on. 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 granite or other minerals obtained during such associated or (Transit Pass) operations and their despatch with proper departmental rawanna.

No mining operations within 50 metre 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 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 such as public roads and buildings or inhabited site except with. the previous written permission of the Collector or -any other Officer authorised by the State Government in this behalf and otherwise than in accordance with such instructions, restrictions and conditions either general or special which may be attached to such permission. The said distance of 50 metres 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 mayabe and in case of a building horizontally from the plinth thereof. 1h the case of village roads no worldngs shall be carried on within a distance of 10 metres 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 expressjoif"'Railway Administration' shall have the meaning as it is defined tEltave-in the Indian, Railways Act, 1,890, 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 a tract resulting front 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 niay 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.

Indemnify Government against all claims.

(7)

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.
To pay a wage not less the minimum wage prescribed by the Central or State Government from time, to time.
To comply with the provisions of the Mines Act, - 1952.
To comply with the provisions of the GCDR 99: and the MMCR 1986.
To take measures, at his own expense, for the protection of environment like planting of trees: reclamation of mined land, use of pollution-control' devices and such other measures as may be prescribed by the Central or State Government from time to time.
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 deposits, 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 un-appropriated 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:

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 or serious injury to property or seriously affecting or endangering life or property which may occur in the course of the operations under this licence. The licensee shall abide all the provisions of the GCDR 99 and the said 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 of land after determination of abandonment.

(12) Same in the case of land over which the license/ licenses shall be granted a mining lease, on or before the expiration or sooner determination of the licence or the site of abandonment of the undertaking, whichever shall first occur, security plug any bore or 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 respect of which full and proper compensation has already been paid.

Removal of machinery, etc. after expiration, determination of abandonment.

(13) Upon the expiration or sooner determination the licensee/ licensees shall remove within 30 days at his/their own cost all buildings, structures, 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.

Report of work done before the refund of security deposit

(14) At any time before the said security deposit is. 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 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;
within three months of the expiry of the licensee, or abandonment of operations or termination of the licensee, 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 licensee.

B. While submitting reports under sub-clause A, the licensee 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 license, or abandonment of operations of termination of the license, whichever is earlier.

Employment of Foreign nationals

(16) The licensee/ licensees shall not employ, in connection with the prospecting operation any person who is not an Indian National except with the previous approval of the Central Government.

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

(l) 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 or 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 is 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 or pre-emption

(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 land's 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.

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.

PART - IV Rights 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.500.00, 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 renewed licence of the premises hereby demised or of any parts of that for a further term from the expiration of the 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 licensee/licensees to be observed and performed up to the expiration of the term hereby granted. Th State Government on receipt of the application for renewal shall consider it in accordance with GCDR 99 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 thereof, execute and deliver to the licensee/licensees the-renewed licence of