Section 75, Mineral Concession Rules,1960

(1) Where a State Government proposes to undertake prospecting or mining operations of any mineral, it shall issue a notification in the Official Gazette giving details of the area and the period for which such operations are proposed to be undertaken:

1 [Provided that if the State Government fails to undertake prospecting or mining operation within the period mentioned in the notification, the notification so issued shall lapse at the expiry of the said period unless the period is extended by a fresh notification.]

2 [(2) Omitted.]

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1.Inserted by G.S.R. 56 (E), dated 17.1.2000.

2.Omitted by G.S.R. 9 (E), dated 4.1.1999.

SCHEDULE I [See rule 2(ii)] 1 [INDEX

1. Application for Reconnaissance Permit Form A

2. Application for Prospecting Licence Form B

3. Receipt of applications for Prospecting Licence/ Form D Mining Lease or renewals

4. Receipt of application for Reconnaissance Permit Form D-1

5. Application for renewal of Prospecting Licence Form E

6. Prospecting Licence Deed Form F

7. Reconnaissance Permit Deed Form F-1

8. Register of applications for Prospecting Licences Form G

9. Register of applications for Reconnaissance Permits Form G-1

10. Register of Prospecting Licences Form H

11. Register of Reconnaissance Permits Form H-1

12. Application for Mining Lease Form I

13. Application for renewal of Mining Lease Form J

14. Mining Lease Deed Form K

15. Register of applications for Mining Lease Form L

16. Register of Mining Leases Form M

17. Application for revision Form N

18. Model form for transfer of Mining Lease Form O] 2 [19. Model Form for transfer of Prospecting Licence Form P]

1. Substituted by G.S.R. No. 56 (E), dated 17.1.2000.

2. Inserted by G.S.R. No. 31 (E), dated 22.1.2001.

61 1[ FORM A "To be submitted in quadruplicate" Received at............

(place) on...............

(Date) Initial of Receiving Officer GOVERNMENT OF.............

(APPLICATION FOR RECONNAISSANCE PERMIT) ( See rule 4 ) Dated day of 20….

To Through Sir, I/We request that a reconnaissance permit under the Mineral Concession Rules, 1960 be granted to me/us.

2. A sum of Rs ……….. being the fee in respect of this application at the rate of Rs. 5/- per square kilometre or part thereof payable in accordance with the Mineral Concession Rules, 1960 has been deposited.

3. 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 attached);

(vi) If on the date of application the applicant does not hold a reconnaissance permit, it should be stated whether an affidavit to this effect has been furnished to the satisfaction of the State government;

1. Inserted by G.S.R.No.56 (E), dated 17.1.2000.

(vii) Mineral or minerals which the applicant intends to prospect;

(viii) Period for which the reconnaissance permit is required;

(ix) Extent of the area the applicant wants to prospect;

(x) Details of the area in respect of which reconnaissance permit is required :

----------------------------------------------------------------------------------------------------------------- District Taluq Area -----------------------------------------------------------------------------------------------------------------

(xi) Particulars of the areas mineral-wise within the jurisdiction of the State Government for which the applicant or any person joint in interest with him;

(a) already holds under reconnaissance permit;

(b) has already applied for but not granted;

(xii) Nature of joint interest, if any;

(xiii) If the applicant intends to supervise the works, his previous experience of reconnaissance, prospecting and mining operations should be explained; if he intends to appoint a manager, the name of such manager, his qualifications, nature and extent of his previous experience should be specified and his consent letter should be attached;

(xiv) Financial resources of the applicant;

(xv) Particulars of receipted treasury challan attached for the amount referred to at 2 above;

(xvi) The works proposed to be undertaken alongwith their physical annual targets;

(xvii) The scheme of relinquishment of the area;

(xviii) Anticipated minimum annual expenditure (activity of workwise);

(xix) Any other particulars or sketch map which the applicant wishes 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, (Signature and designation of the applicant) Place Date *The topographical map of 1" = 1 mile scale 1 [ or 1 : 50,000] is obtainable from the office of the Survey of India, Hathibarkhala, Dehra Dun.

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1. Inserted by G.S.R.No. 743 (E), dated 25.9.2000.

63 Detailed plan and topographical map are to be attached in quadruplicate with the original application.

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.]

64 FORM B "To be submitted in Triplicate" Received at............

(place) on...............

(Date) Initial of Receiving Officer GOVERNMENT OF.............

MODEL FORM Application for Prospecting Licence [See rule 9(1)] Dated day of 20… To Through Sir, I/We request that a prospecting licence under the Mineral Concession Rules, 1960 be granted to me/us.

2.A sum of Rs………. being the fee in respect of this application at the rate of Rs.50 for the first square kilometre or part thereof and Rs.10 for subsequent square kilometre or part thereof payable in accordance with Schedule II to the Mineral Concession Rules, 1960 has been deposited.

3.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,

(d) firm or association, the nationality of all the partners of the firm or members of the association.

(iv) Profession or nature of business of applicant.

(v) Omitted 65

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

(vib) 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.

(vii) Mineral or minerals which the applicant intends to prospect.

(viii) Period for which the prospecting licence is required.

(ix) Extent of the area the applicant wants to prospect.

(x) Details of the area in respect of which prospecting licence is required.

--------------------------------------------------------------------------------------------------------------------- District Taluq Village Khasra No. Plot No. Area --------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------- (X A)(a) Does the applicant have surface rights over the area for which he requires a prospecting licence?

(b) 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.

(xi) Brief description of the area with Particular reference to the following:

(a) the situation of the area in respect to natural features such as streams etc.

(b) in the case of village, areas, the name of the village and if only a part of the village is applied for, the khasra number, the area in hectares of each field or part thereof applied for.

N.B. - The areas shall cover whole or recognised part survey numbers.

(d) For areas where no forest maps or cadestral maps are available, a sketch plan should be submitted on scale showing the area applied for together with boundary, if any, of any other existing mining lease or prospecting licence area if the area applied for has any common point or line with the boundaries of existing prospecting licence or mining lease areas.

(xii) The areas applied for should be marked on plans as detailed below:

(a) In case a cadestral map of the area is available, the area on this map should be marked showing the name of the village, Khasra number and area in hectares of each field and part thereof.

N.B. - The area applied for shall cover whole survey numbers.

(b) In the case of forest maps, the area should be marked on the map showing the range and felling series.

(c) In case neither cadestral nor forest maps are available, the area should be marked on sketch plan drawn to scale showing on this plan all important 66 surface and natural features, the dimensions of the lines forming the boundary of the area and the bearing and distance of all corner points from any important, prominent and fixed point or points.

(xiii) An affidavit, that the up-to-date income tax returns, as prescribed under the Income Tax Act, 1961, have been filed, and tax due, including the tax on account of self-assessment has been paid.

(xiv) Particulars of the areas mineral-wise within the jurisdiction of the State Government for which the applicant or any person joint in interest with him:

(a) already holds under prospecting licence;

(b) has already applied for but not granted;

(xv) Nature of joint in interest, if any.

(xvi) If the applicant intends to supervise the works, his previous experience of prospecting and mining should be explained; If he intends to appoint a manager, the name of such manager, his qualifications, nature and extent of his previous experience should be specified and his consent letter should be attached.

(xvii) Financial resources of the applicant.

(xviii) Particulars of receipted treasury challan attached for the amount referred to at 2 above.

(xix) Any other particulars or sketch map which the Applicant wishes 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.

Detailed plan and topographical map are to be, attached in triplicate with the original application in case mineral applied for is a scheduled mineral.

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. Such large-size map, as may be available.- should be attached for proper demarcation of the areas, specially when the area Applied for is 40 hectares or less.

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1. Inserted by G.S.R.No. 743 (E), dated 25.9.2000.

67 FORM D Receipt of Applications for Prospecting Licence/Mining Lease or Renewals (See rules 10(4) and 23(4)] Government of Dated S.No.

Received the application with the following enclosures for a prospecting licence/ mining lease/renewal of prospecting licence/renewal of mining lease of Shri/Sarvashree ………………. on ……………. 20… for about ………… …………..

hectare of land located in village/Govt. Forest Taluq ……………………….. District for prospecting/mining ……………………. mineral/minerals.

Enclosures:

Place Date Signature and designation of Receiving Officer 68 1 [FORM D- 1 (Receipt of Application for Reconnaissance Permit) (See rule 4 – A) Government of S.No. Dated Received the application with the following enclosures for a reconnaissance permit of Shri/Sarvashree ………………………………….

on ……………20 . . for ……………….. square kilometres of land located in village/Government Forest Taluq ………………. District for reconnaissance of ………………mineral/minerals.

Enclosures:

Place Date Signature and designation of the Receiving Officer]

1. Inserted by G.S.R. 56 (E) dated 17.1.2000.

69 FORM E MODEL FORM "To be submitted in duplicate" GOVERNMENT OF Received............... Application for Renewal of at ……………… (Place) Prospecting Licence on...........………...(date) [See rule 9(1)] Initial of Receiving Officer Dated Day of 20… To Through Sir, I/We request for renewal of my/our prospecting licence under the Mineral Concession Rules, 1960.

A sum of Rs……….. being the fee in respect of this application at the rate of Rs.50 for the first square kilometre or part thereof and Rs.10 for subsequent square kilometre or part thereof payable in accordance with Schedule II to the Mineral Concession Rules, 1960 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,

(d) firm or association, the nationality of all the partners of the firm or members of the association.

(iv) Profession or nature of business of applicant.

(v) & (vi) Omitted

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

(vii) An affidavit, that up-to-date income tax returns, as prescribed under the Income Tax Act, 1961, have been filed and the tax due, including the tax on account of self-assessment has been paid.

(viii) (a) Particulars of the prospecting licence of which renewal is desired.

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

(ix) Reasons in detail for asking for renewal of prospecting licence along with a report on the prospecting already done.

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

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

(xii) 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 attached.

(xiiA) (a) Does the applicant continue to have he 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.

(xiiB) 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; or

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

71 FORM F Model Form of Prospecting Licence [See rule 15(2)] THIS INDENTURE made this................ day of........... 20 Between the Governor of ...... /the President of India (hereinafter Referred to as the `State Government' which expression shall where the context so admits be deemed to include his successors and When the licensee assigns) of the one part and..............................

is an individual (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).

------------------------------------------------------- .......................................... (Name of person with When the licensee address and occupation) and...................

are more than (Name of person with addresses one individual. and 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 permitted assigns).

…..................................................................

(Name and address of partner) son of ……................... .

of......... ..................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 When the licensee having their registered office at.............in the town is a registered firm of..................(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).

………............................................ ........... (Name of company) a company registered under...........................

........ (Act under which incorporated) and having its When the licensee is a registered office at...........(Address) (hereinafter is a registered company 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 part.

72 WHEREAS the licensee/licensees has/have applied to the State Government in accordance with the Mineral Concession Rules, 1960 (hereinafter referred to as the said Rules) for a licence to prospect for.................. 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 1/ and WHEREAS the Central Government has approved the grant of this licence NOW THESE PRESENTS WITNESS as follows:

PART-I In consideration of the fee, 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 licence.

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

(1) To enter upon the said lands and to search for by quarrying,boring and digging or otherwise all or any..........................(Name of minerals) lying or being within under or throughout the said lands;

(2) in the case of minerals other than gold, silver, precious stones or mica, 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 such minerals within the limits specified in Schedule III of the Mineral Concession Rules, 1960, without any payment;

(b) any quantity of such minerals exceeding such limits but not exceeding twice such limits, which is won during prospecting operations on payment of royalty for the time being specified in the Second Schedule to the Act in respect of those minerals;

(c) any quantity of limestone not exceeding 500 (tonnes) for testing its use in any industry specified by the Central Government in this behalf, on payments of royalty for the time being specified in the Second Schedule to the Act in respect of limestone;

(d) With the written approval of the State Government, the licensee may carry away quantities of minerals in excess of twice the limit specified in the Schedule III on payment of royalty for the time being specified in the Second schedule to the Act, for chemical, metallurgical, ore-dressing and other test purposes;

1/ In case of “specified” minerals only.

73 To clear undergrowth and 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 brushwood and trees with the sanction of the Deputy Commissioner/Collector previously obtained in writing, to make and use any drains or water courses on the said lands for purposes as may be necessary for 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, building or watering place, for livestock has heretofore been accustomed and streams, springs or well shall be fouled or polluted by any such use or the 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 and structures steam sand other engine machinery and conveniences, chattels and effects as shall be proper and necessary for effectually carrying on the prospecting operations hereby licensed or for the workmen employment 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 rights 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 or through the said lands such roads, tramways and ropeways as shall be considered necessary or expedient for any purposes and to obtain from and out of the said lands such stone, earth or other materials as may be necessary or requisits for making, repairing or maintaining such roads, tramways, railways and ropeways to pass and repass at all times over and along such roads, tramways, railways and ropeways for all purposes and as occasion shall require.

To hold the said right and licence unto the licensee/licensees from the date of these presents for the term of (hereinafter referred to as the said term).

Paying therefor annually in advance a sum of Rs..................... being the prospecting fee for each year or portion of a year and immediately on the expiration of sooner determination of the said term clear of all fees, rates, taxes, charges, deductions and royalty at the rates specified in Schedules `B' and 'C' hereunder written on the minerals won and carried away by the licensee/licensees during the said terms.

PART-II Covenants by Licensee/Licensees The licensee/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 and at such time as are specified in Schedule `C' hereunder written provided that the licensee/licensees shall be entitled to carry away free of royalty not more than................. for experimental purposes.

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 Schedule `B' hereunder written.

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.

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 all minerals obtained during such operations and their despatch.

No mining operations within 50 metres of 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 Deputy commissioner/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 edge 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 metres of the outer edge of the cutting except with the previous written permission of the Deputy Commissioner/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 `Railways Administration’ shall have the same meaning as it is defined to have in the Indian Railways 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 a tract resulting form repeated use. Village road will include any track shown in the Revenue records a village road.

Not to cut or injure trees in reserved forest, etc. without previous permission.

(6) Not to cut or injure any timber or tree on any unoccupied or unreserved land without the written permission of the Deputy Commissioner/Collector nor without such permission disturb the surface of any road or enter upon any public pleasure ground, burning or burial ground or any place held sacred by any claws of persons or Interfere with any right of way, well or tank.

(7) 1 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 buts, structures or other property of any kind, occupier of any land or any other person without the written consent at such owner, occupier or person.

Not to commence work in reserved forest without previous permission.

(8) Not to enter upon or commence prospecting in any protected or reserved forest situated upon the lands without obtaining the written sanction of the District Forest Officer nor otherwise than in accordance with such conditions as may be prescribed in such sanction.

Indemnify Government against all claims.

(9) 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 by any person or persons in respect of any such damage, injury or disturbance and all costs and expanses in connection therewith.

(9A) To pay a wage not less than the minimum wage prescribed by the Central or State Government from time to time.

(9B) To comply with the provisions of the Mines Act, 1952.

(9C) 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.

1. This clause should be suitably modified if it be not in accordance with the provision of local land.

76 (9D) 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.

(10) Whenever the security deposit of Rs.......... or any part thereof or any further sum hereafter deposited with the State Government in replenishment thereof shall be forfeited or applied by the State/Central 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.

(11) 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 which will be given only after obtaining the prior approval of the Central Government in cases where prospecting licence executed is in respect of minerals included in the First Schedule to the Act.

Report of accident

(12) The licensee/licensees without delay send to the Deputy Commissioner/Collector 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.

Section 18 of the Act 67 of 1957

(13) The licensee/licensees shall be bound by such rules as may be issued by the Central Government under section 18 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957) and shall not carry on prospecting or other operations under the said licence in any way other than as prescribed under these rules.

To provide for weighing or measurement of material won

(14) At such times and occasions as may be required the licensee/licensees shall well and truly measure or weigh or cause to be measured or weighed upon some part of the said lands all minerals from time to time won from the said lands by the licensee/licensees and all such minerals as may require to be measured or weighed for the purpose of ascertaining the royalty payable under these presents shall be so measured or weighed. The licensee/licensees agrees/agree not to take away from the said lands any minerals so won until the same shall have been measured or weighed as the case may be. The licensee/licensees further agrees/agree to give............. days previous notice in writing to the Deputy Commissioner/Collector of every such measuring or weighing in order that he or some person on his behalf may be present thereat.

77 Plugging of bore holes, fencing, etc., and restoring the surface of land after determination of abandonment.

(15) Save in the case of land over which the licensee/licensees shall have been granted a mining lease, on or before the expiration or sooner determination of the licence, he shall within six months next after the expiration or sooner determination of the licence or date of abandonment of the undertaking, whichever shall first occur, securely 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 as may be required by the Deputy Commissioner/Collector concerned and shall to a like extent restore the surface of the land and all buildings there on 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.

(16) Upon the expiration or sooner determination of this licence or the abandonment of the operations hereby licensed, whichever shall first occur, the licensee/licensees shall remove expeditiously at his/their own cost all buildings, structures, plant, engines machinery, implements, utensils and other property and effects theretofore, 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 during the subsistence of this licence.

Report of work done before the refund of security deposits

(17) 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 obtained by Licensee;

(17A)(1) 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 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 78 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.

(2) While submitting reports under clause (1), the licensee may specify that the whole or any part of the report or data submitted by him shall be kept confidential and the State Government shall thereupon 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

(18) 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.

Furnishing of Geophysical data

(19) The licensee/licensees shall furnish :

(a) all geophysical data relating to prospecting or engineering and ground water surveys, such as anomaly maps, sections, plans, structures, contour maps, logging, collected by him/them during the course of prospecting operations to the Director General, Geological Survey of India, Calcutta;

(b) all information pertaining to investigations of radio active minerals collected by him/them during the course of prospecting operations to the Secretary to the Department of Atomic Energy, New Delhi.

Data or information referred to above shall be furnished every year reckoned from the date of commencement of the period of the prospecting licence.

PART-III Powers of the government It is hereby agreed as follows;- Cancellation of the licence and forfeiture of the deposit in case breach of conditions

(1) In the case of any breach of the condition of the licence/licences or his transferees or assignees, the State Government 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 cannot be remedied, on giving thirty days notice to the licensee/licensees or his transferees or assignees, determine the licence and or forfeit the whole or any part of the said deposit of Rs......... deposited under the covenants in that behalf as the State Government may deem fit. In case the State Government 79 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.

Application of security to payment of compensation

(2) The State Government may from time to time appropriate and apply the said deposit of Rs…….. or any part thereof or any further sum deposited under any covenants in that behalf hereinbefore contained in or towards payment or satisfaction of any claims to compensation which the Government has or may have against the licensee/licensees and/or which may be made by any person or persons against the licensee/licensees and or the State Government in respect of_any damage or injury done by the licensee/licensees in exercise of any of the powers conferred by this licence and in or towards payment of any damages, costs or expenses which may become payable as the result of or in connection with any suits or proceedings which may be instituted against the State Government in respect of any such damage or injury and also in or towards payment of the expense of the carrying out or performance of any works or matters which the licensee/licensees shall fail to carry out or perform after the expiry or sooner determination of this licence or the abandonment of the operations hereby licensed in accordance with the covenants in that behalf hereinbefore contained or in payment or satisfaction of any such claims, damages, costs and expenses.

When the properties of licensee are not removed from the lands in time

(3) If any buildings, structures, plants, engines, machinery implements utensils or other property or effects or any minerals which ought to be removed by the licensee/licensees from the said lands, in accordance with the covenant in that behalf hereinbefore contained be not so removed within one calendar month after notice in writing requiring their removal shall have been given to the licensee/licensees by the State Government, the same shall be deemed to become the property of the State Government and may be sold or disposed of for the benefit of the State Government in such manner as the State Government shall deem fit, without any liability to pay any compensation to account to licensee/licensees in respect thereof.

Licensee/licensees to pay for work done on his behalf

(4) If any of the works or matters which in accordance with the covenants in that behalf hereinbefore contained are to be carried out or performed by the licensee/licensees, be not so carried out or performed within the time specified In that behalf, the State Government may cause the same to be carried out or performed and the licensee/licensees shall pay the State Government on demand all expenses which shall be incurred in such carrying out or performance of the same.

Right of pre-emption

(5) (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 80 licensee/licensees) of pre-emption of the said minerals (and/all products thereof) 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) Should the right of pre-emption conferred by this present provision be exercised and a vessel chartered to carry the minerals or products thereof procured on behalf of the State Government or the Central Government be detained on demurrage at the port of loading, the licensee/licensees shall pay the amount due for demurrage according to the terms of the charter party of such vessel unless the State Government shall be satisfied that the delay issue to cause beyond the control of the licensee/licensees.

(c) The price to be paid for all minerals or products of minerals taken in preemption by the State Government in exercise of the right hereby conferred shall be the fair market prevailing at the time of pre-emption, PROVIDED THAT in order to assist in arriving at the said fair market price the licensee/licensees shall it 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 and of charters entered into for freight for carriage of the two and shall produce such to officer or officers as may be directed by the State Government original or authenticated copies of contracts and charter parties entered into for the sale of freightage of such minerals or products.

(d) In the event of the existence of a state of war or emergency (of which existence the President of India shall be the sole judge and a notification to this effect in the Gazette of India shall be conclusive proof) the State Government with the consent of the Central Government shall from time to time and at all times during the said term have the right (to be exercised by a notice in writing to the licensee/licensees) forthwith take possession and control of the works, plant, machinery and premises of the licensee/licensees on or in connection with the said lands or the operations under this licence and during such possession or control, the licensee/licensees shall conform to and obey all directions given by or on behalf of the Central or State Government regarding the use of employment of such works, plants, premises and minerals, PROVIDED THAT fair compensation, which shall be determined in default of agreement by the State Government shall be paid to the licensee/licensees for all loss or damage sustained by him/them by reason or in consequence of the exercises of the powers conferred by this clause and PROVIDED ALSO that the exercise of such power shall not determine the said term hereby granted or affect the terms and provisions of 81 these presents further than may be necessary to give effect to the provisions of this clause.

PART-IV Rights of licensee/licensees It is hereby further agreed as follows:- Transfer of licence and fee payable

(1) During the subsistence of this licence or of any renewal thereof the licensee/licensees may, with the previous sanction of the State Government, transfer his/their licence or any right, title or interest therein to a person who has filed an affidavit stating that he has filed up-to-date income tax returns, paid income tax assessed on him and paid the income tax on the basis of self-assessment as provided in the Income Tax Act, 1961 (43 of 1961), on payment of a fee of five hundred rupees. Provided that the State Government shall, not give its sanction unless -

(i) 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 propose to take as consideration from the transferee;

(ii) the transfer of the prospecting licence is to be made to a person or body directly undertaking prospecting operations.

Renewal of Prospecting Licence

(2) If the licensee/licensees be desirous 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/they shall apply to the State Government for renewal at least prior to the date of expiration of the term of licence under these convenants 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 he 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 relevant sections of the Act and relevant rules of the Mineral Concession Rules, 1960 and shall pass such orders as it may deem fit. If renewal is granted the State Government will at the expense of the licensee/licensees and upon his/their executing and delivering to the State Government, if required, the counterpart thereof, execute and deliver to the licensee/licensees the renewed licence of the said premises or part thereof for a further term of...... years at such rates of royalty and on such terms and subject to such rates and royalties and on such terms and subject to such convenants and agreements including this present covenant be renewed and shall in accordance with the Mineral Concession Rules, 1960 applicable....................................

(names of minerals) on the day next following the expiration of the term hereby granted.

82 Preferential right of the licensee/licensees for obtaining mining Lease

(3) On or before the determination of the licence or any renewal thereof, 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 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.

(3-A) If an application for renewal of the prospecting licence made in accordance with the rules is not disposed of by the State Government before the expiry of the licence, the licence shall be deemed to have been renewed for a period [not exceeding the period prescribed for the renewal of prospecting licence under sub-section (2) of section 7 of the Act or the period for which the application is made, whichever is less.

Extension of period of prospecting licence

(4) If the licensee/licensees before the determination of this licence or of any renewal thereof applies/apply for the grant of a mining lease over the whole or any part of the said lands, the period of this licence shall be further extended over that part of the said lands, until his application for mining lease is disposed of or deemed to have been refused under sub-rule (1) or sub-rule (3), as the case may be, of rule 24 of the Mineral Concession Rules, 1960, or any other law in force. No fee shall be payable in respect of any period so extended.

Refund of deposit

(5) On such date within six calendar months after the determination of this licence or of any renewal thereof, as the State Government shall elect after compliance by the licensee/licensees of rule 16 of Mineral Concession Rules, 1960, the amount then remaining in deposit with the State Government and not required to be applied to any of the purposes in Part III of these presents mentioned, shall be refunded to the licensee/licensees or if the licensee/licensees shall have obtained a mining lease over the said lands or any portion thereof, be retained at the credit of the licensee/licensees on account of the fees, rents and royalties to become payable under such lease. The amount shall in no case carry any interest whatsoever.

PART-V General Provisions It is lastly agreed as follows:- Acquisition of land and compensation thereof

(1) If after the receipt of an offer of compensation for any damage which is likely to arise from the proposed operation of the licensee/licensees, the occupier of the surface of any part of the said lands shall refuse his consent to the exercise of the rights and powers reserved to 83 the State Government and granted by this licence, the licensee/licensees shall report the matter to the State Government and shall deposit with it the amount offered as compensation and if the State Government is satisfied that the amount of compensation is reasonable or if it is not so satisfied and the licensee/licensees shall have deposited with it such further amount as the State Government may consider reasonable, the State Government shall order the occupier to allow the licensee/licensees to enter upon the said land and carry out such operations as may be necessary for the purpose of the licence. In assessing the amount of such compensation the State Government shall he guided by the principles of the Land Acquisition Act.

Delay in fulfilment of the term of licence due to force majeure

(2) Failure on the part of the licensee/licensees to fulfil any of the terms and conditions of this licence shall not give the State Government any claim against him/them or be deemed a breach of the licence in so far as such failure is considered by the State Government to arise from force majeure. If the fulfilment of the licensee/licensees of any of the terms and conditions of this licence be delayed from force majeure, the period of such delay shall be added to the period fixed by this licence.

The expression force majeure means act of God, war, insurrection,riot, civil commotion, strike, tide tidal wave, storm, flood, lightning, explosion, fire, earthquake and any other happening which the licensee/licensees could not reasonably prevent or control.

Service of notices

(3) Every notice required to be given to the licensee/licensees shall be given in writing to such person as the licensee/licensees may appoint for the purpose of receiving such notices or if no such appointment is made then the notice shall be sent to the licensee/licensees by registered post addressed to him/them at the address shown in his/their application for the licence or at such other address in India as he/they designate from time to time and every such service shall be deemed to be proper and valid service upon the licensee/licensees and shall not be questioned or challenged by him.

Discovery of new minerals

(4) The licensee shall report to the State Government 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 mineral unless such mineral is included in the licence.

Immunity of State Government from liability to pay compensation

(5) If in any event the orders of the State Government are revised, reviewed or cancelled by the Central Government in pursuance of proceedings under Chapter VII of the Mineral Concession Rules, 1960, the licensee/licensees shall not be entitled to compensation for any loss sustained by the licensee/licensees in exercise of the powers and privileges conferred upon him/them by these presents.

(6) The licence deed is executed at the Capital of the State of ……………….. (Name of the State) and subject to the provision of article 226 of the Constitution of India it is hereby agreed upon by the licensee and the State Government that in the event of any dispute in relation to the area under prospecting licence, condition of the licence deed and in respect of all matters touching the relationship of the licensee and the State Government, suits of petitions shall be filed in civil courts at ……………………(name of the city) and it is hereby expressly agreed that neither party shall file a suit or appeal or bring any actions at any place other than the courts named above.

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)

SCHEDULE C Royalty

1. Rates of royalty on minerals shall be in accordance with the Second Schedule of the Act.

2. (a) Here insert the mode of arriving at sale prices at pits mouth of mineral/ minerals.

(b) The manner and time of payment of royalty 85 1 [FORM F -1 (RECONNAISSANCE PERMIT DEED) ( See rule 7A ) When the permit THIS INDENTURE made this................ …day holder is of……............. 20 between the Governor of ...... /the President of individual India ( 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............................. and …………………………. (name of person with address and occupation) (hereinafter referred to as "the permit holder" which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns).

When the permit ……………………………………………………………………….

holders are more ……………………..................... (Name of person with address and than one individual occupation) and………....................(Name of person with addresses and occupation) (hereinafter referred to as "the permit holders" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assigns).

When the permit . .......................…………….. (Name and address of partner) son of holder is ……………………............. . of......... ................………………….. … A registered 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 .................. …. (hereinafter referred to as `the permit holder' 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 permit ........................................... ........... ……………………….. (Name of holder is company) a company registered under....................……………...Act a registered company. under which incorporated) and having its registered office at...….......

……………….( Address ) ( hereinafter referred to as "the permit 1 Inserted by G.S.R. No. 56 (E), dated 17.1.2000.

86 holder" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the other part.

WHEREAS the permit holder/holders has/have applied to the State Government in accordance with the Mineral Concession Rules, 1960 (hereinafter referred to as the said Rules) for a reconnaissance permit to prospect for.................. 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 according to rule 7B in respect of such permit and has/have paid to the State Government the sum of Rs………….. as the prescribed permit fee for.......... months/ years in advance in respect of such permit and WHEREAS there is no objection to the grant of such permit and WHEREAS the Central Government has approved the grant of this permit. NOW THESE PRESENTS WITNESS as follows:

PART-I In consideration of the fee, covenants and agreements hereinafter reserved and contained and on the part of the permit holder(s) to be paid, observed and performed, the State Government hereby grants the reconnaissance permit and demises into the permit holder(s) the rights.

(1) To enter upon or fly over the lands and undertake reconnaissance operations :

To enter upon or fly over the said lands and to undertake reconnaissance operations to search for all, or any........................... (Name of minerals) lying, or being within, under or throughout the said land :

Provided that :

the permit holder shall not enter any forest land or any private land without obtaining permission of the forest department or the owner of the private land, as the case may be;

the permit holder shall not fly over the said land unless all necessary clearances from the Defence and Home Ministries, Govt. of India and the Director General, Civil Aviation, Government of India have been obtained for undertaking aerial surveys.

(2) To use water and clear undergrowth and brush wood etc.:

Subject to the provisions of clause (1) to make and use any drains or water, grounds on the said land for purposes as may be necessary for effectively carrying on the reconnaissance operations and to the workers employed therein and to use water provided always that such use shall not diminish or interfere with the supply of water to 87 which any cultivated land, village, building or watering place for livestock has heretofore been accustomed and that no streams, springs or well shall be fouled or polluted nor any trees cut or injured by any such use or the reconnaissance operations hereby permitted.

(3) To bring upon machinery etc. :

To bring upon the said lands such machinery, equipment and conveniences as may be proper and necessary for effectively carrying on the reconnaissance operations hereby permitted or for the workmen employed thereon.

Reserved nevertheless to the State Government full power and liberty at all times to enter into and upon the said lands for all or any purposes other than those for which sole rights and permit hereby expressly conferred upon .

To hold the said right and permit unto the permit holder(s) from the date of these presents for the term of ………………… (hereinafter referred as the said term).

Paying therefor annually in advance a sum of Rs..................... being the permit fee for each year or portion of a year as specified in Schedule B and immediately on the expiration or sooner determination of the said term clear of all fees, rates, taxes, charges and deductions by the permit holder(s) during the said terms.

PART-II Covenants by Permit holder(s) The Permit holder(s) hereby covenants/covenant with the State Government as follows:- Payment of permit fee:

(1) To pay annually in advance a permit fee in respect of ensuing year or part of the year at such rates and time as are specified in Schedule `B' hereunder written.

To carry on work in workman-like manner:

(2) To work and carry on the operations hereby permitted 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.

Maintenance of correct accounts :

(3) Permit holder(s) shall maintain an accurate and faithful account of all the expenses incurred by him/them on reconnaissance and also the quantity and other particulars of all samples obtained during such operations and their despatch.

88 Not to cut or injure trees or disturb public places without previous permission :

(4) Not to cut or injure any timber or tree on any unoccupied or unreserved land without the written permission of the Deputy Commissioner/Collector nor without such permission disturb the surface of any road or enter upon any public pleasure ground, burning or burial ground or any place held sacred by any class of persons or interfere with any right of way, well or tank.

(5) 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 other property of any kind of the occupier of any land or any other person without the written consent of such owner, occupier or person.

Not to commence work in forest lands without previous permission :

(6) Not to enter upon or commence reconnaissance or prospecting in any forest land without obtaining the written sanction of the Forest Officer so authorised in this behalf by the State Government.

Indemnify Government against all claims :

(7) To make reasonable satisfaction and pay such compensation as 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 permit 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 all costs and expenses in connection therewith.

Abide by other Acts and Rules :

(8A) To pay a wage not less than the minimum wage prescribed by the Central or State Government from time to time.

(8B) To comply with the provisions of the Mines Act, 1952.

(8C) To take measures, at his own expenses, for the protection of environment as may be prescribed by the Central or State Government from time to time.

(8D) To pay compensation to the occupier of the surface of the land on the date and in the manner laid down in these rules.

89 Forfeiture of security deposits, etc. :

(9) Whenever the security deposit of Rs.......... or any part thereof of any further sum hereafter deposited with the State Government in replenishment thereof shall be forfeited or applied by the State/Central Government, pursuant to the power hereinafter declared in that behalf the permit holder(s) 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..................

Permit holder not to be controlled by trust, syndicate, etc. :

(10) The permit holder(s) 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 which will be given only after obtaining the prior approval of the Central Government in case where reconnaissance permit executed is in respect of minerals included in the First Schedule to the Act.

Report of accident :

(11) The permit holder(s) shall without delay send to the Deputy Commissioner/ Collector 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 permit.

Section 18 of the Act :

(12) The permit holder(s) shall be bound by such rules as may be issued by the Central Government under section 18 of the Act and shall not carry on reconnaissance, prospecting or other operations under the said permit in any way other than as prescribed under these rules.

Plugging of bore holes, fencing, etc. and restoring the surface of land after determination or abandonment :

(13) Save in the case of land over which the permit holder(s) shall have been granted a prospecting licence or mining lease, on or before the expiration or sooner determination of the permit, he shall within six months next after the expiration or sooner determination of the permit or the date of abandonment of the undertaking, whichever shall first occur, securely 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 as may be required by the Deputy Commissioner/Collector concerned and shall to a like extent, restore the surface of the land and all buildings thereon, which may have been damaged or destroyed in the course of 90 reconnaissance or prospecting, provided that permit holder(s) shall not be required to restore the surface of land or any building in respect of which full and proper compensation has already been paid.

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

(14) Upon the expiration or sooner determination of this permit or the abandonment of the operations hereby permitted, whichever shall first occur, the permit holder(s) shall remove expeditiously at his/their own cost all plants, engines, machinery implements, utensils and other property and effects theretofore, erected or brought by the permit holder(s) and then standing or 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 prospecting licence or mining lease granted to the permit holder(s) during the subsistence of this permit.

Report of work done before the refund of security deposits :

(15) 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 permit or abandonment of the operations whichever is earlier, the permit holder(s) 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 permit regarding the geology and mineral resources of the area covered by the permit.

Report of information obtained by Permit holder :

(16)(1) The permit holder(s) shall submit to State Government :

(a) a six monthly report of the work done by him/them 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 of the close of the period to which it relates

(b) within three months of the expiry of the permit, or abandonment of operations or termination of the permit, whichever is earlier, a full report of the work done by him and all information relevant to mineral resources acquired by him/them in the course of reconnaissance in the area covered by the permit :

(2) While submitting reports under clause (1), the permit holder(s) may specify that the whole or any part of the report or data submitted by him shall be kept confidential and the State Government shall thereupon keep the specified portions as confidential; for a period of two years from the expiry of the permit or abandonment of operations of termination of the permit, whichever is earlier.

91 Employment of foreign nationals :

(17) the permit holder(s) shall not employ, in connection with the reconnaissance operation any person who is not an Indian National except with the previous approval of the Central Government.

Furnishing of Geophysical data :

(18) The permit holder(s) shall furnish:

(a) all geophysical data relating to prospecting or engineering and ground water surveys, such as anomaly maps, sections, plans, structures, contour maps, logging, collected by him/them during the course of reconnaissance to the Director General, Geological Survey of India, Calcutta;

(b) all information pertaining to investigations of radio active minerals collected by him/them during the courses of operations to the Secretary to the Department of Atomic Energy, New Delhi.

Data or information referred to above shall be furnished every year reckoned from the date of commencement of the period of the reconnaissance permit.

PART III - Powers of the Government It is hereby agreed as follows:- Cancellation of the permit and forfeiture of the deposit in case of breach of conditions:

(1) In the case of any breach of any condition of the permit by the permit holders (s) or his transferees or assignees, the State Government shall give a reasonable opportunity to the permit holder(s) of stating his/their case and where it is satisfied that the breach is such as cannot be remedied, on giving thirty days notice to the permit holder(s) or his transferees or assignees, determine the permit and or forfeit the whole or any part of the said deposit Rs......... deposited under the covenants in that behalf as the State Government may deem fit. In case the State Government considers the breach to be of a remediable nature, it shall give notice to the permit holder(s) 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.

92 Application of security to payment of compensation :

(2) The State Government may from time to time appropriate and apply the said deposit of Rs………………… or any part thereof or any further sum deposited under any covenants in that behalf hereinbefore contained in or towards payment or satisfaction of any claims to compensation which the Government has or may have against the permit holder(s) and/or which may be made by any person or persons against the permit holder(s) and or the State Government in respect of any damage or injury done by the permit holder(s) in exercise of any of the powers conferred by this permit and in or towards payment of any damages, cost or expenses which may become payable as the result of or in connection with any suits or proceedings which may be instituted against the State Government in respect of any such damage or injury and also in or towards payment of the expenses of the carrying out or performance of any works or matters, which the permit holder(s) shall fail to carry out or perform after the expiry or sooner determination of this permit or the abandonment of the operations hereby permitted in accordance with the covenants in that behalf hereinbefore contained or in payment or satisfaction of such claims, damages, costs and expenses.

When the properties are not removed from the lands in time :

(3) If any plants, engines, machinery implements, utensils or other property or effects which ought to be, removed by the permit holder(s) from the said lands, in accordance with the covenant in that behalf hereinbefore contained, be not so removed within one calendar month after notice in writing requiring their removal shall have been given to the permit holder(s) by the State Government, the same shall be deemed to have become the property of the State Government and may be sold or disposed of for the benefit of the State Government in such manner as the State Government shall deem fit, without any liability to pay any compensation or to account to the permit holder(s) in respect thereof.

Permit holder(s) to pay for work done on his/their behalf :

(4) If any of the works or matters, which in accordance with the covenants in that behalf hereinbefore contained, are to be carried out or performed by the permit holder(s), be not so carried out, or performed within time specified in that behalf, the State Government may cause the same to be carried out or performed and the permit holder(s) shall pay the State Government on demand all expenses which shall be incurred in such carrying out or performance of the same.

Right of pre-emption :

(5) In the event of the existence of a state of war or emergency (of which the President of India shall be the sole judge and a notification to this effect in the Gazette of India shall be conclusive proof), the State Government with the consent of the Central Government shall, from time to time and at all times during the said term, have the right [to be exercised by a notice in writing to the permit holder(s)] to forthwith take possession and control of the works, plants, machinery and premises of the permit holder(s) on or in connection with the 93 said lands or the operations under this permit and during such possession or control, the permit holder(s) shall conform to and obey all directions given by or on behalf of the Central or State Government regarding the use of employment of such works, plants, premises and minerals, provided that fair compensation, which shall be determined in default of agreement by the Stale Government shall be paid to the permit holder(s) for all loss or damages sustained by him/them by reason or any consequence of the exercises of the powers conferred by this clause and 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.

PART - IV Rights of permit holder(s) It is hereby further agreed as follows:- Transfer of permit and fee payable :

(1) [Omitted] Preferential right of the permit holder(s) for obtaining prospecting licence or mining lease :

(2) On or before the determination of the permit, the permit holder(s) shall have a preferential right for obtaining a prospecting licence or mining lease in respect of whole or part of that land over any other person provided that the State Government is satisfied that the permit holder(s) has/have not committed any breach of the terms and conditions of the reconnaissance permit, has undertaken reconnaissance operations to establish mineral resources and is otherwise a fit person for being granted the prospecting licence or mining lease.

Refund of deposit :

(3) On such date within six calendar months after the determination of the permit, as the State Government shall elect after compliance by the permit holder of the provisions of Mineral Concession Rules, 1960, the amount then remaining in deposit with the State Government and not required to be applied to any of the purposes in Part III of these presents mentioned, shall be refunded to the permit holder(s) or if the permit holder(s) shall have obtained a prospecting licence or mining lease over the said lands or any portion thereof, be retained at the credit of the permit holder(s) on account of the fees, rents and royalties to become payable under such licence or lease. The amount shall in no case carry any interest whatsoever.

Omitted by G.S.R.733 (E), dated 29.10 2002.

PART-V General Provisions It is lastly agreed as follows:

Acquisition of land and compensation :

(1) If after the receipt of an offer of compensation for any damage which is likely to arise from the proposed operation of the permit holder(s), the occupier of the surface of any part of the said lands shall refuse his consent to the exercise of the rights and powers reserved to the State Government and granted by this permit, the permit holder(s) shall report the matter to the State Government and shall deposit with it the amount offered as compensation and if the State Government is satisfied that the amount of compensation is reasonable or if it is not so satisfied and the permit holder(s) shall have deposited with it such further amount as the State Government may consider reasonable, the State Government shall order the occupier to allow the permit holder(s) to enter upon the said land and carry out such operations as may be necessary for the purpose of the permit. In assessing the amount of such compensation the State Government shall be guided by the principles of the Land Acquisition Act.

Delay in fulfilment of the term of permit due to force majeure :

(2) Failure on the part of the permit holder(s) to fulfil any of the terms and conditions of this permit shall not give the State Government any claim against him/her or be deemed a breach of the permit insofar as such failure is considered by the State Government to arise from force majeure.

If the fulfilment of the permit holder(s) of any of the terms and conditions of this permit be delayed from force majeure, the period of such delay shall be added to the period fixed by this permit.

The expression force majeure means act of God, war, insurrection, riot, civil commotion, strike, tide, tidal wave, storm, flood, lightning, explosion, fire, earthquake and any other happening which the permit holder(s) could not reasonably prevent or control.

Service of notices :

(3) Every notice required to be given to the permit holder(s) shall be given in writing to such person as the permit holder(s) may appoint for the purpose of receiving such notices or if no such appointment is made then the notice shall be sent to the permit holder(s) by registered post addressed to him/them at the address shown in his/their application for the permit at such other address in India as he/they designate from time to time, and every such service shall be deemed to be proper and valid service upon the permit holder(s) and shall not be questioned or challenged by him.

95 Discovery of new minerals :

(4) The permit holder(s) shall report to the State Government the discovery of any mineral not specified in the permit within a period of sixty days from the date of such discovery.

Immunity of State Government from liability to pay compensation :

(5) If in any event the orders of the State Government are revised, reviewed or cancelled by the Central Government in pursuance of proceedings under Chapter VII of the Mineral Concession Rules, 1960, the permit holder(s) shall not be entitled to compensation for any loss sustained by the permit holder(s) in exercise of the powers and privileges conferred upon him/them by these presents.

(6) The permit deed is executed at the ……………… of the State of ……………….. (Name of the State) and subject to the provision of article 226 of the Constitution of India it is hereby agreed upon by the permit holder(s) and the State Government that in the event of any dispute in relation to the area under reconnaissance permit and condition of the permit deed and in respect of all matters touching the relationship of the permit holder(s) and the State Government, suits of petitions shall be filed in civil courts at ……….. (name of the city) and it is hereby expressly agreed that neither party shall file a suit or appeal or bring any actions at any place other than the courts named above.

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 permit (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 [Under rule 7(1)(xi)] (Here specify the amount of the permit fee and manner and time of payment.) ] 96 FORM G REGISTER OF APPLICATIONS FOR PROSPECTING LICENCES [See rule 21(1)]

1. Serial No.

2. Date of application of P.L.

3. Date on which application was received by the Receiving Officer.

4. Name of the applicant with full address.

5. Situation and boundaries of the land applied for.

6. Estimated area of the land.

7. Particulars of the minerals which the applicant desired to prospect.

8. Application fee paid.

9. Remarks.

10. Final disposal of the application together with number and date of the order.

11. Signature of the Officer.

97 1 [ FORM G - 1 REGISTER OF APPLICATIONS FOR RECONNAISSANCE PERMITS ( See rule 7 D (1) )

1. Serial No.

2. Date of application of Reconnaissance Permit.

3. Date on which application was received by the Receiving Officer.

4. Name of the applicant with full address.

5. Situation and boundaries of the land applied for.

6. Estimated area of the land.

7. Particulars of the minerals which the applicant desires to prospect.

8. Application fee paid.

9. Remarks.

10. Final disposal of the application together with number and date of the order.

11. Signature of the Officer. ]

1. Inserted by G.S.R.No 56 (E), dated 17.1.2000.

98 FORM H REGISTER OF PROSPECTING LICENCES [See rule 21(2)] 1 Serial-number.

2. Name of the licensee.

3. Residence with complete address of the licensee.

4. Date of application.

5. Date on which application was received by the Receiving Officer.

6. Omitted.

7. Situation and boundaries of the land.

7A. The details of the area and the minerals in each State. State for which the applicant holds prospecting licence on the basis of information supplied by the licensee.

8. Total area for which licence granted.

9. (a) Number and date of grant of the licence.

(b) Date of execution of P.L agreement.

10. The mineral or minerals for which prospecting licence has been granted.

11. Period for which granted.

12. Date and period of renewal.

13. Application fee paid.

14. Prospecting fee and royalty, if payable.

15. Amount of security deposit.

16. Particulars of disposal or refund of security deposit.

17. Date of application for mining lease (if any).

18. Date of assignment or transfer of licence, if any, and the name and address, of the assignee/transferee.

19. Date of expiry or relinquishment or cancellation of licence or grant of mining lease

20. Date from which the area is available for regrant.

21. Remarks.

22. Signature of the Officer.

99 1 [FORM H - 1 (REGISTER OF RECONNAISSANCE PERMITS) [See rule 7 D (2)]

1. Serial number.

2. Name of the permit holder.

3. Residence with complete address of the permit holder.

4. Date of application.

5. Date on which application was received by the Receiving Officer.

6. Situation and boundaries of the land.

7. The details of the area and the minerals in the State for which the applicant holds reconnaissance permit on the basis of information supplied by the permit holder.

8. Total area for which permit granted.

9. (a) Number and date of grant of the permit.

(b) Date of execution of the reconnaissance permit agreement.

10. The mineral or minerals for which reconnaissance permit has been granted.

11. Period for which granted.

12. Application fee paid.

13. Permit fee paid.

14. Amount of security deposit.

15. Particulars of disposal or refund of security deposit.

16. Date of application for prospecting licence or mining lease (if any).

17. Date(s) of expiry or relinquishment or cancellation of permit or grant of prospecting licence or mining lease.

18. Date(s) of assignment or transfer of reconnaissance permit, if any, and name and address of the assignee or transferee.

19. Date(s) from which the area is available for regrant.

20. Remarks.

21. Signature of the Officer.]

1. Inserted by G.S.R.No.56 (E), dated 17.1.2000.

100 FORM I (TO BE SUBMITTED IN TRIPLICATE) Received................ Government of..................

at..................(Place) on..................(date) Initial of Receiving Officer Application for Mining Lease (See rule 22(1) of the Mineral Concession Rules,1960) Dated the ....................

day of ………… 20 ......

To -------------------------- -------------------------- Through:

Sir, I/We request that a mining lease under the Mineral Concession Rules, 1960 may be granted to me/us.

2. A sum of Rs. 500/- and Rs. 1,000/- being the fees in respect of this application and preliminary expenses respectively payable under sub-rule (3) of rule 22 of the said rule have been deposited (vide receipt Challan No...................dated.............of the State Bank of India/Treasury...........................)

3. The required particulars are given below:

(i) Name of the applicant with complete address.

Status of the applicant

(ii) Is the applicant a private individual/co-operative/firm/association/private company/ public company/public sector undertaking/joint sector undertaking or any other.

(iii) In case the applicant is, -

(a) An individual, his nationality, qualifications and experience relating to mining.

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

101

(d) Firm or Association, the nationality of all the partners of the firm or members of the association, and

(e) a co-operative the nationality of non-Indian members, if any alongwith place of registration and a copy of the certificate of registration.

(iv) Profession or nature of business of applicant.

(v) Particulars of documents appended:

------------------------------------------------------------------------------------------------------- Document Reference -------------------------------------------------------------------------------------------------------

(a) Mining dues clearance certificate OR

(b) Affidavit in lieu of Mining Dues Clearance Certificate; subject to the production of mining lease dues, clearance certificate within the period of ninety days of making application.

(d) Affidavit that up-to-date Income Tax Returns as prescribed under the Income Tax Act, 1961 and that the tax due including the tax on account of self-assessment has been paid.

(vi) Mineral or minerals which the applicant intends to mine.

(vii) Period for which mining lease is required.

(viii) Extent of the area for which mining lease is required.

(ix) Details of the area in respect of which mining lease is required.

--------------------------------------------------------------------------------------------------------- District Taluqa Village Khasra No. Plot No. Area Ownership-Occupancy ---------------------------------------------------------------------------------------------------------

(x) Brief description of the area with particular reference to the following:

(a) Does the applicant have surface rights over the area for which he is making an application for grant of a mining lease.

(b) If not, has he obtained the consent of the owner, and the occupier of the land for undertaking mining operation. If so, the consent of the owner and occupier of the land be obtained in writing and be filed.

(xi) (a) The situation of the area in respect of natural features such as streams or lakes.

(b) In the case of village areas, the name of the village, the Khasra number, the area in hectares of each field or part thereof applied for.

102

(1) Forest division, Block and Range.

(2) Legal status of the forest (namely reserved, protected, unclassified etc.).

(3) Whether it forms part of a National Park or Wild-life Sanctuary.

(4) Type and extent of vegetation in the area.

(5) For areas where no forest maps or cadastral maps are available, a sketch plan should be submitted on scale showing the area applied for together with boundary, if any, of any other existing mining lease or prospecting licence area, if the area applied for has any common point or line with the boundaries of existing prospecting licence or mining lease areas.

(xii) The area applied for should be marked on plan as detailed below:

(a) In case a cadastral Map* of the area is available, the area on this map should be marked showing the name of the village, Khasra number and area in hectares of each field and part thereof.

(b) In the case of forest maps the area should be marked on the map showing the range and felling series.

(c) In case neither cadastral nor forest maps are available, the area should be marked on a sketch plan drawn to scales showing on this plan all important surface and natural features, the dimensions of the lines forming the boundary of the area and the bearing and distance of all corner points from any important, prominent and fixed point or points. (No.1(3)/68-MII Dt.

30.3.68)

(xiii) Particulars of the area mineral-wise in each State duly supported by an affidavit for which the applicant or any person joint in interest with him.

(a) already holds under mining lease;

(b) has already applied for but not granted;

(xiv) Nature of joint in interest, if any.

(xv) (a) Does the applicant hold a prospecting licence over the area mentioned at

(xi) above? If so, give its number and date of grant and the date when it is due to expire.

(c) Has the applicant carried out the prospecting operations over the area held under prospecting licence and sent his report to the State Government, as required by rule 16 of the Mineral Concession Rules, 1960? If not, state reasons for not doing so.

(xvi) Broad parameters of the mineral/ore body/bodies.

(a) Strike length, average width and dip.

(b) Wall rocks on hanging and foot wall sides.

(c) Whether area is considerably disturbed geologically or is comparatively free of geological disturbance? (copy of geological map of the area is to be attached.)

(d) Reserves assessed with their grade(s)(chemical analysis reports of representative samples are to be attached).

103

(e) Whether the area is virgin? If not, the extent to which it has already been worked, In case there are old workings, their locations are to be shown on the geological map of the area.

(xvii) Broad parameters of the mine.

(a) Proposed date of commencement of the mining operations.

(b) Proposed rate of mineral production during the first 5 years (year-wise).

(d) Anticipated life of the mine.

(e) Proposed method of mining (Underground or opencast)

(i) If underground, the method of approach to the deposit mineral/ore whether through inclines or shafts,

(ii) If opencast, the over-burden to ore ratio and overall pit stope.

(f) Nature of the land chosen for dumping over burden/waste and tailings (that is type of land whether agricultural, grazing land, barren, saline land etc.) and whether proposed site has been shown on the mine working plan. Give also the extent of area in hectares set apart for dumping of waste and tailings.

(xviii) A report giving the details of prospecting carried out in the area together with assessment of the ore reserves, geological plans, results of chemical analysis of the representative samples, and boreholes and logs.

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

(a) (i) If for captive use, the location of plant and industry.

(ii) For sale for indigenous consumption.

(b) If for exports to foreign countries indicate,

(i) Names of the countries to which it is likely to be exported where the mine is being set up on 100% export oriented or tied-up basis.

(ii) Whether mineral will be exported in raw form or after processing.

Also indicate the stage of processing, whether intermediate stage or final stage of the end-product.

(i) The industry/industries in which it would be used.

(ii) Whether it will be supplied in raw form or after processing (crushing/ grinding/ beneficiation/calcining).

(iii) Whether it would need upgradation and if so, whether it is proposed to set up beneficiation plant. Also indicate the capacity of such plant and the time by which it would be set up.

(d) In case of coal, or other high bulk minerals/ores details of existing railway transport facility available and additional transport facility, if any, required.

104

(xx) Name, qualification and experience of the Technical Personnel available for supervising the mines.

(xxi) (i) Financial resources of the applicant.

(ii) Anticipated yearly financial investment during the course of mine construction and aggregate investment upto the stage of commencement of commercial production.

(xxii) (a) Nature of waste water, (e.g. whether acidic). If so, expected pH value.

(b) The application form should be accompanied by a statement of the salient features of the scheme of mining. This should be generally on the lines of the "Project at a Glance" given in a mining feasibility report including features relating to the protection of environment.

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

Yours faithfully, Place:.......

Date:........

Signature of the applicant --------------------------------------------------------------------------------------------------------- * The topographical map of 1"=1 mile scale is obtainable from the office of the Survey of India, Hathibarkhala, Dehra Dun. Detailed plan and topographical map are to be attached in triplicate with the original application in case mineral applied for is a scheduled mineral.

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

Note 2 - The application should relate to one compact area only, except when the application for mining lease is for an area already held under prospecting licence by the applicant.

Note 3- Such large size map, as may be available should be attached for proper demarcation of the area, specially when the area applied for is 40 hectares or less (No.MII-152(58)/61 dt/30.4.1963).

105 “To be submitted in duplicate” FORM J Received at..................(Place) GOVERNMENT OF on..................(Date) MODEL FORM Initial of Receiving APPLICATION FOR RENEWAL OF MINING LEASE Officer (See rule 24A) Dated day of 20…… To Through Sir, I/We request for renewal of my/our mining lease under the Mineral Concession Rules,

1960. A sum of Rs. 500 being the application fee payable under sub-rule (3)(i)(a) of rule 22 of the said rules 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 shall be enclosed.

(d) a firm or association, the nationality of all the partners of the firm or members of the association.

(iv) Profession or nature of business of applicant.

(v) (Omitted)

(vi) (Omitted)

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

(vii) an affidavit, that up-to-date Income Tax returns, as prescribed under the Income Tax Act, 1961, have been filed, and the tax due, including the tax on account of self-assessment has been paid.

(viii) (a) Particulars of the mining lease of which renewal is desired.

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

(ix) Period for which renewal of mining lease is required.

(x) Whether renewal is applied for the whole or part of the leasehold.

106 (xA) (a) Does the applicant continue to have surface rights over the area of the land for which he requires renewal of the mining lease.

(b) If not, has he obtained the consent of the owner and occupier for undertaking mining operations. If so, the consent of the owner and occupier of the land obtained in writing be filed.

(xB) Particulars of the areas mineral-wise in each State duly supported by affidavit for which the applicant or any person joint in interest with him.

(a) already holds under mining lease;

(b) has already applied for but not granted; or

(xC) a mining plan which shall include-

(a) the plan of the area showing the nature and extent of the mineral body, 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 spot(s) of excavation based on prospecting data gathered by the applicant, a tentative scheme of mining for the first five years of the lease;

(b) the details of geology and lithology of the area, the extent of manual mining and through machines;

(d) the plan of the area showing natural water courses; limit of reserved and other forest areas and density of trees, assessment of impact of mining activity of Forest, Land surface and Environment including air and water pollution, and details of the scheme for afforestation, land reclamation, use of pollution control devices.

(xD) Is the mineral going to be used in his own industry? if so, give full details;

(for "own industry" see Explanation under Rule 24B).

(xi) In case the renewal applied for is only for part of the lease hold:

(a) the area applied for renewal,

(b) description of the area applied for renewal (description should be adequate for the purpose of demarcating the plot),

(d) particulars of existing or created dumps of ore, if any.

(xii) Means by which the mineral is to be raised, i.e., by hand, labour or mechanical or electric power.

(xiii) Manner in which the mineral raised is to be utilised:

(a) for manufacture in India,

(b) for exports to foreign countries,

(c) in the former case the industries in connection with which it is required, should be specified. In the latter case, the countries to which the mineral will be exported and whether the mineral is to be exported after processing or in raw form should be stated.

(xiv) Details of output during the last three years and phased programme for production during the next three years along with a layout plan for development, if any.

107

(xv) In case of coal, details of existing railway transport facility available and additional transport facility, if any, required.

(xvi) Any other particulars which the applicant wishes 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 required by you before the grant of renewal of the lease.

Yours faithfully, Signature and designation of the applicant.

Place:

Date:

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

108 FORM K MODEL FORM OF MINING LEASE (See rule 31) THIS INDENTURE made this..................... day of............20.........between the Governor of................... /the President of India (hereinafter referred to as the `State Government' which expression shall where the context so admits be deemed to include the successors and assigns) of the one part and............………………………………… (Name of person with address and occupation) When the (hereinafter referred to as “the lessee” which lessee is an expression shall where the context so admits individual be deemed to include his heirs, executors, administrators, representatives and permitted assigns).

...........…………………….(Name of person with When the address and occupation) and..............…….

lessees are (Name of person with address and occupation) more than (hereinafter referred to as "the lessee" which one individual expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assigns).

............................ (Name and address of partner), son of..............of ………………… son of.............of.............…………. all carrying When the on business in partnership. under the firm name lessee is and style of....................... (name of the a registered firm) registered under the Indian Partnership firm. Act, 1932 (9 of 1932) and having their registered office at................ in the town of (hereinafter referred to as "the licensee" which expression where the context so admits be deemed to include all the said partners their respective heirs, executors, legal representatives and permitted assigns).

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

109 WHEREAS THE lessee/lessees has/have applied to the State Government in accordance with the Mineral Concession Rules, 1960 (hereinafter referred to as the said Rules) for a mining lease for................ in respect of the lands described in Part I of the Schedule here under written and has/have deposited with the State Government the sum of Rs......................as security and the sum of Rs............... for meeting the preliminary expenses for a mining lease (and WHEREAS the Central Government has approved the grant of lease) 1 .

WITNESSETH that in consideration of the rents and royalties,covenants and agreements by and in these presents and the Schedule hereunder written reserved and contained and on the part of the lessee/lessees to be paid observed and performed, the State Government (with the approval of the Central Government) 1 hereby grants and demises unto lessee/lessees.

All those the mines beds/veins seams of....................... (here state the mineral or minerals) (hereinafter and in the Schedule referred to as the said minerals) situated lying and being in or under the lands which are referred to in Part I of the said Schedule, together with the liberties, powers and privileges to be exercised or enjoyed in connection herewith which are mentioned in Part II of the said Schedule subject to the restrictions and conditions as to the exercise and enjoyment of such liberties, powers and privileges which are mentioned in Part III of the said Schedule EXCEPT and reserving out of this demise unto the State Government the liberties, powers and privileges mentioned in Part IV of the said Schedule TO HOLD the premises hereby granted and demised unto the lessee/lessees from the ..................day...................

20.............. for the term of ................ years thence next ensuing YIELDING AND PAYING therefore unto the State Government the several rents and royalties mentioned in Part V of the said Schedule at the respective times therein specified subject to the provisions contained in Part VI of the said Schedule and the lessee/lessees hereby covenants/ covenant with the State Government as in Part VII of the said Schedule is expressed and the State Government hereby covenants with the lessee/lessees as in Part VIII of the said Schedule as expressed AND it is hereby mutually agreed between the parties hereto as in Part IX of the said Schedule is expressed.

IN WITNESS WHEREOF these presents have been executed in manner hereunder appearing the day and year first above written.

The Schedule above referred to.

1. In case of minerals included in the First Schedule of the Mines and Minerals (Development and Regulation) Act, 1957.

110

PART I THE AREA OF THIS LEASE Location and area of the lease:- All that tract of lands situated at ....................... (Description of area or areas)...............in (Pargana) in.......the Registration District of............Sub-District.............and Thana ………… bearing Cadestral survey Nos..............containing an area of.................or thereabouts delineated on the plan hereto annexed and thereon coloured…………….. and bounded as follows:- On the North by On the South by On the East by And On the West by hereinafter referred to as "the said lands".

PART II Liberties, powers and privileges to be exercised and enjoyed by the lessee/ lessees subject to the restrictions and conditions in Part III.

To enter upon land and search for, win, work, etc.

1. Liberty and power at all times during the term 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 mineral/minerals.

To sink, drive and make pits, shafts and inclines etc.: -

2. Liberty and power for or in connection with any of the purposes mentioned in this part to sink drive make maintain and use in the said lands and pits shafts inclines drifts levels waterways airways and other works (and to use maintain deepen or extent any existing works of the like nature in the said lands).

To bring and use machinery equipment etc.: -

3. Liberty and power for or in connection with any of the purposes mentioned in this part 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 of the like nature on or under the said lands.

111 To make roads and ways etc. and use existing roads and ways: -

4. Liberty and power for or in connection with any of the purposes mentioned in this part to make any tramways, railways, roads, aircraft landing grounds and other ways in or over the said lands and to use maintain and go, and repass with or without horses, cattle, wagons, aircrafts, locomotives, or other vehicles over the same (or any existing tramways roads and other ways in or over the said lands) on such conditions as may be agreed to.

To get building and road materials, etc.:-

5. Liberty and power for or in connection with any of the purposes mentioned in this part to quarry and get stone gravel and other building and road materials and clay and to use and employ the same and to manufacture such clay into bricks or tiles and to use such bricks or tiles but to sell any such material bricks or tiles.

To use water from streams etc:-

6. Liberty and power for or in connection with any of the purpose mentioned in this part but subject to the right of any existing or future lessees and with the written permission of Deputy Commissioner/Collector to appropriate and use water from any streams water-courses, springs or other sources in or upon the said lands and to divert step up or dam any such stream or water course and collect or impound any such water and to make construct and maintain any water course culverts, drains or reservoirs but not as so to deprive any cultivated lands, villages, buildings or watering places for livestock of a reasonable supply of water as before accustomed nor in any way to foul or pollute any stream or springs. Provided that the lessee/lessees shall not interfere with the navigation in any navigable stream nor shall divert such stream without the previous written permission of the State Government.

To use land for stacking, heaping, depositing purposes:-

7. Liberty and power to enter upon and use a sufficient part of -the surface of the said lands for the purpose of stacking, heaping, storing or depositing therein any produce of the mines or works carried on and any tools, equipment, earth and materials and substances dug or raised under the liberties and powers mentioned in this part.

Beneficiation and conveying away of production:-

8. (a) Liberty and power to enter upon and use a sufficient part of the said lands to beneficiate any ore produced from the said lands and to carry away such beneficiated ore.

To make coke (to be used in case of coal only):-

(b) Liberty and power upon the said lands to convert into coke any coal or coal dust produced from the said lands and to carry away such coke.

112 To clear brushwood and to fell and utilise trees, etc.:-

9. Liberty and power for or in connection with any of the purposes mentioned in this part and subject to the existing rights of others and save as provided in clause 3 of Part III of this Schedule to clear undergrowth and brushwood and to fell and utilise any trees or timber standing or found on the said lands provided that the State Government may ask the lessee/lessees to pay for any trees or timber felled and utilised, by him/them at the rates specified by the Deputy Commissioner/Collector or the State Government.

PART III Restrictions and Conditions as to the exercise of the Liberties, Powers and Privileges in Part-II.

No building etc. upon certain places:-

1. No building or thing shall be erected, set up or placed and no surface operations shall be carried on 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 State Government may determine as public ground nor in such a manner as to injure or prejudicially effect any buildings works property or rights of other persons and no land will be used for surface operations which is already occupied by persons other than the State Government for works or purposes not included in this lease. The lessee/lessees shall not also interfere with any right of way, well or tank.

Permission for surface operations in a land not already in use:-

2. Before using for surface operations any land which has not already been used for such operations, the lessee/lessees shall give to Deputy Commissioner/Collector of the District two calendar months previous notice in writing specifying the name or other description of 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 Deputy Commissioner/Collector within two months after the receipt by him of such notice unless the objections so stated shall on reference to the State Government be annulled or waived.

To cut trees in unreserved lands: -

3. The lessee/lessees shall not without the express sanction of the Deputy Commissioner/Collector cut down or injure any timber or trees on the said lands but may without such sanction clear away any brushwood or undergrowth which interferes with any operations authorised by these presents. The Deputy Commissioner/Collector or the State Government may require the lessee/lessees to pay for any trees or timber felled and utilised by him/them at the rates specified by the Deputy Commissioner/Collector of the District.

113 To enter upon reserved forests:-

4. Notwithstanding anything in this Schedule contained the lessee/lessees shall not enter upon any reserved forest included in the said lands without previous sanction in writing of the District Forest Officer nor fell, cut and use any timber or trees without obtaining the sanction in writing of that Officer nor otherwise than in accordance with such conditions as the State Government may prescribe.

No mining operations within 50 metres of public works etc.:-

5. The lessee/lessees shall not work or carry on or allow to be worked or carried on any mining operations at or to any point within a distance of 50 metres from any railway line except with the previous written permission of the Railway Administration concerned or under or beneath any rope way or any ropeway trestle or station, except under and in accordance with the written permission of the authority owning the ropeway 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 Deputy Commissioner/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, 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 working shall be carried on within a distance of 10 metres of the outer edge of the cutting except with the previous permission of the Deputy Commissioner/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 same meaning as it is defined to have in the Indian Railways 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 a track resulting from repeated use. Village road will include any track shown in the Revenue record as village road.

Facilities for adjoining Government licences and leases:-

6. The lessee/lessees shall allow existing and future holders of Government licences or leases over any land which is comprised in or adjoins or is reached by the land held by the lessee/lessees reasonable facilities of access thereto:

PROVIDED THAT no substantial hindrance or interference shall be caused by such holders of licences or leases to the operations of the lessee/lessees under these presents and fair compensation (as may be mutually agreed upon or in the event of disagreement as may be decided by the State Government) shall be made to the lessee/lessees for loss or damage sustained by the lessee/lessees by reason of the exercise of this liberty.

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PART IV Liberties, Powers and Privileges reserved to the State Government To work other minerals:-

1. Liberty and power for the State Government, or to any lessee or persons authorised by it in that behalf to enter into and upon the said lands and to search for, win, work, dig, get, raise, dress, process, convert and carry away minerals other than the said minerals and any other substances and for those purposes to sink, drive, make erect, construct, maintain and use such pits, shafts,inclines, drifts, levels and other lines, waterways, airways, water courses, drains, reservoirs, engines, machinery, plant, buildings, canals, tramways, railways, roadways and other works and conveniences as may be deemed necessary or convenient.

PROVIDED THAT in the exercise of such liberty and power no substantial hindrance or interference shall be caused to or with the liberties, powers and privileges of the lessee/lessees under these presents and that fair compensation (as may be mutually agreed upon or in the event of disagreement as may be decided by the State Government) shall be made to the lessee/lessees for all loss or damage sustained by the lessee/lessees by reason or in consequence of the exercise of such liberty and power.

To make railways and roads: -

2. Liberty and power for the State Government or any lessee or person authorised by it in that behalf to enter into and upon the said lands and to make upon over or through the same any railways, tramways, roadways or pipelines for any purpose other than those mentioned in Part II of these presents and to get from the said lands, stones, gravel, earth and other materials for making, maintaining and repairing such railways, tramways and roads or any existing railways and roads and to and repass at all times with or without horses, cattle or other animals, carts, wagons, carriages, locomotives or other vehicles over or along any such railways, tramways, road lines and other ways for all purposes and as occasion may require, provided that in the exercise of such liberty and power by such other lessee or person no substantial hindrance or interference shall be caused to or with the liberties, powers and privileges of the lessee/lessees under these presents and that fair compensation as may be mutually agreed upon or in the event of disagreement as may be decided by the State Government shall be made to the lessee/lessees for all loss or damage substantial hindrance or interference shall be caused to or with the exercise by such lessee or person of such liberty and power.

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PART V Rents and royalties reserved by this lease To pay dead rent or royalty whichever is higher: -

1.The lessee shall pay, for every year except the first year of the lease, dead rent as specified in clause 2 of this Part:

Provided that, where the holder of such mining lease becomes liable under section 9 of the Act, to pay royalty for any mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee from the leased area, he shall be liable to pay either such royalty or the dead rent in respect of that area, whichever is higher.

Rate and mode of payment of dead rent.-

2. Subject to the provisions of clause 1 of this Part, during the subsistence of the lease, the lessee/lessees shall pay to the State Government annual dead rent for the lands demised and described in Part I of this Schedule at the rate for the time being specified in the Third Schedule to the Act, in such manner as may be specified in this behalf by the State Government.

Rate and mode of payment of royalty:-

3. Subject to the provision of clause 1 of this part, the lessee/lessees shall during the subsistence of this lease pay to the State Government at such times and in such manner as the State Government may prescribe royalty in respect of any mineral/minerals removed by him/them from the leased area at the rate for the time being specified in the Second Schedule to the Mines and Minerals (Development and Regulation) Act, 1957.

Payment of surface rent, and water rate:-

4. The lessee/lessees shall pay rent and water rate to the State Government in respect of all parts of the surface of the said lands which shall from time to time be occupied or used by the lessee/lessees under the authority of these presents at the rate of Rs........ and Rs..........

respectively per annum per hectare of the area so occupied or used and so in proportion for any area less than a hectare during the period from the commencement of such occupation or used until the area shall cease to be so occupied or used and shall as far as possible restore the surface land so used to its original condition. Surface rent and water rate shall be paid as hereinbefore detailed in clause 2 : PROVIDED THAT NO such rent/water rate shall be payable in respect of the occupation and use of the area comprised in any roads or ways to which the public have full right of access.

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PART VI Provisions relating to the rents and royalties Rent and royalties to be free from deduction etc.:-

1. The rent, water rate and royalties mentioned in Part V of this Schedule shall be paid free from any deductions to the State Government at .......... and such manner as the State Government may prescribe.

PROVIDED ALWAYS and it is hereby agreed that Rs ................. the balance standing to the credit of the lessee/lessees on account of the deposit made by him/them as a licensee/licensees over an area which included the said lands shall be retained and accepted by the State Government in satisfaction of the rents and royalties mentioned in Part V until they reach that amount.

Mode of computation of royalty:-

2. For the purposes of computing the said royalties the lessee/lessees shall keep a correct account of them mineral/minerals produced and despatched. The accounts as well as the weight of the mineral/minerals in stock or in the process of export may be checked by an officer authorised by the Central or State Government. Here specify the mode of arriving at sale price/prices at pits mouth of mineral/minerals.

Course of action if rents and royalties are not paid in time :-

3. Should any rent, royalty or other sums due to the State Government under the terms and conditions of these presents be not paid by the lessee/lessees within the prescribed time the same, together with simple interest due thereon at the rate of twenty-four per cent per annum may be recovered on a certificate of such officer as may be specified by the State Government by general or special order, in the same manner as an arrear of land revenue.

PART VII The Covenants of the Lessee/Lessees Lessee to pay rents and royalties, taxes, etc.:-

1. The lessee/lessees shall pay the rent, water rate and royalties reserved by this lease at such times and in the manner provided in PARTS V and VI of these presents and shall also pay and discharge all taxes, rates, assessments and impositions whatsoever being in the nature of 117 public demands which shall from time to time be charged, assessed or imposed by the authority of the Central and State Governments upon or in respect of the premises and works of the lessee/lessees in common with other premises and works of a like nature except demands for land revenues.

To maintain and keep boundary marks in good order:-

2. The lessee/lessees shall at his/their own expense erect and at all times maintain and keep in repair boundary marks and pillars according to the demarcation to be shown in the plan annexed to this lease. Such marks and pillars shall be sufficiently clear of the shrubs and other obstructions as to allow easy identification.

To commence operations within two years and work in a workman-like manner:-

3. The lessee/lessees shall commence operation within two years from the date of execution of the lease and shall thereafter at all times during the continuance of his lease search for, win, work and develop, the said minerals without voluntary intermission in a skilful and workman-like manner and as prescribed under clause 12 hereinafter without doing or permitting to be done any unnecessary or avoidable damage to the surface of the said lands or the crops buildings structures or other property thereon. For the purposes of this clause operations shall include the erection of machinery, laying of a tramway or construction of a road in connection with the mine.

To indemnify Government against all claims:-

4. The lessee/lessees shall make and pay such reasonable satisfaction and compensation as may be assessed by lawful authority in accordance with the law 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.

To secure and keep in good condition pits, shafts, etc.:-

5. The lessee/lessees shall during the subsistence of this lease well and sufficiently secure and keep open with timber or other durable means all pits, shafts and workings that may be made or used in the said lands and make and maintain sufficient fences to the satisfaction of the State Government round every such pit, shaft or working whether the same is abandoned or not and shall during the same period keep all workings in the said lands except such as may be abandoned accessible free from water and foul air as far as possible.

To strengthen and support the mine to necessary extent: -

6. The lessee/lessees shall strengthen and support to the satisfaction of the Railway Administration concerned or the State Government, as the case may be any part of the mine 118 which in its opinion requires such strengthening or support for the safety of any railway, reservoir, canal, road and any other public works or structures.

To allow inspection of workings: -

7. The lessee/lessees shall allow any officer authorised by the Central Government or the State Government in that behalf to enter upon the premises including any building, excavation or land comprised in the lease for the purpose of inspecting, examining, surveying, prospecting and making plans thereof sampling and collecting any data and the lessee/lessees shall with proper person employed by the lessee/lessees and acquainted with the mines and work effectually assist such officer, agents, servants and workmen in conducting every such inspection and shall afford them all facilities, information connected with the working of the mines which they may reasonably require and also shall and will conform to and observe all orders and regulations which the Central and State Governments as the result of such inspection or otherwise may, from time to time, see fit to impose.

To report accident:-

8. The lessee/lessees shall without delay send to the Deputy Commissioner/ Collector 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 lease.

To report discovery of other minerals:-

9.The lessee/lessees shall report to the State Government the discovery in the leased area of any mineral not specified in the lease within sixty days of such discovery along with full particulars of the nature and position of each such find. If any mineral not specified in the lease is discovered in the leased area, the lessee/lessees shall not win and dispose of such mineral unless such mineral is included in the lease or a separate lease is obtained therefor.

To keep records and accounts regarding production and employees etc.:-

10. The lessee/lessees shall at all time during the said term keep or cause to be kept at an office to be situated upon or near the said lands correct and intelligible books of accounts which shall contain accurate entries showing from time to time:-

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

(2) Quantity of the various qualities of ores beneficiated or converted (for example coal converted into coke).

(3) Quantities of the various qualities of the said mineral/minerals sold and exported separately.

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

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

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

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

To maintain plans, etc:-

11. The lessee/lessees shall at all times during the said term maintain at the mine office correct intelligible up-to-date and complete plans and sections of the mines in the said lands.

They shall show all the operations, and workings and all the trenches, pits and drillings made by him/them in the course of operations carried on by him/them under the lease, faults and other disturbances encountered and geological data and all such plans and sections shall be amended and filled up by and from actual surveys to be made for that purpose at the end of twelve months or any period specified from time to time and the lessee/lessees shall furnish free of charge to the Central and State Governments true and correct copies of such plans and sections whenever required. Accurate records of all trenches, pits and drillings shall show: -

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

(b) Any mineral encountered.

The lessee/lessees shall allow any officer of the Central or the State Government, authorised in this behalf by the Central Government, to inspect the same at all reasonable times.

He/they shall also supply when asked for by the State Government/the Coal Controller the Director General, Geological Survey of India, the Controller General, Indian Bureau of Mines a composite plan of the area showing thickness dip, inclination, etc. of all the seams as also the quantity of reserves quality-wise.

11A. The lessee shall pay a wage not less than the minimum wage prescribed by the Central or State Government from time to time.

11B. The lessee shall comply with provisions of the Mines Act, 1952 and the rules made thereunder.

11C. The lessee shall take measures for the protection of environment like planting of trees, reclamation of land, use of pollution control devices; and such other measures as may be prescribed by the Central or State Government, from time to time, at his own expense.

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11D. The lessee shall pay compensation to the occupier of the land on the date and in the manner laid down in these rules.

11E. The lessee shall, in the matter of employment, give preference to the tribals and to the persons who become displaced-because of the taking up of mining operations.

Act 67 of 1957:-

12.The lessee/lessees shall be bound by such rules as may be issued from time to time by the Government of India under section 18 of the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957) and shall not carry on mining or other operations under the said lease in any way other than as prescribed under these rules.

To provide weighing machine:-

13.Unless specifically exempted by the State Government the lessee/lessees shall provide and at all times keep at or near the pit head or each of the pit heads 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 converted and also the converted products and shall at the close of each day cause the total weights, ascertained by such means of the said minerals, ores products raised, sold, exported and converted during the previous twenty- four hours to be entered in the aforesaid books of accounts. The lessee/lessees shall permit the State Government at all times 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..... days previous notice in writing to the Deputy Commissioner/Collector of every such measuring or weighing in order that he or some officer on his behalf may be present thereat.

To allow test of weighing machine:-

14. The lessee/lessees shall allow any person or persons appointed in that behalf by the State Government at any time or 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 weights shall be found incorrect or out of repair or order the State Government may require that the same be adjusted, repaired and put in order by and at the expense of the lessee/lessees and if such requisition be not complied with within fourteen days after the same shall have been made, the State Government may cause such weighing machine or weights to be adjusted, repaired, and put in order and the expense of so doing shall be paid by the lessee/lessees to the State Government on demand and if upon any such examination or testing as aforesaid any error shall be discovered in any weighing machine or weights to the prejudice of the State Government such error shall be regarded as having existed for three calendar months, previous to the discovery thereof or from the last occasion of so examining and testing the same weighing machine and weights in case such occasion be 121 within such period of three months and the said rent and royalty shall be paid and accounted for accordingly.

To pay compensation for injury of third parties:-

15. The lessee/lessees shall make and pay reasonable satisfaction and compensation for all damage, injury or disturbance or person or property which may be done by or on the part of lessee/lessees in exercise of the liberties and power granted by these presents and shall at all times save harmless and keep indemnified the State Government from and against all suits.

claims and demands which may be brought or made by any person or persons in respect of any such damage, injury or disturbance.

Not to obstruct working of other minerals:-

16. The lessee/lessees will exercise the liberties and powers hereby granted in such a manner as to offer no unnecessary or reasonably avoidable obstruction or interruption to the development and working within the said lands of any minerals not included in this lease and shall at all times afford to the Central and State Government and to the holders of prospecting licences or mining leases in respect of any such minerals or any minerals within any land adjacent to the said lands as the case may be reasonable means of access and safe and convenient passage upon and across the said lands to such minerals for the purpose of getting working, developing and carrying away the same provided that the lessee/lessees shall receive reasonable compensation for any damage or injury which he/they may sustain by reason or in consequence of the use of such passage by such lessees or holders of prospecting licences.

Transfer of lease:-

17.(1) The lessee/lessees shall not, without the previous consent in writing of the State Government, Omitted

(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/lessees will or may be directly or indirectly financed to a substantial extent by, or under which the lessee's operations or undertakings will or may be substantially controlled by, any person or body of persons other than the lessee/lessees:

Provided that the State Government shall not give its written consent unless-

(a) the lessee has furnished an affidavit along with his application for transfer of the mining lease specifying therein the amount that he has already taken or proposes to take as consideration from the transferee;

(b) the transfer of the mining lease is to be made to a person or body directly undertaking mining operations.

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(2) Without prejudice to the above provisions the lessee/lessees may, subject to the conditions specified in the proviso to Rule 35 of said Rules, transfer this lease or any right, title or interest therein, to a person who has filed an affidavit stating that he has filed up-to-date income tax returns, paid income tax assessed on him and paid the income tax on the basis of selfassessment as provided in the Income Tax Act, 1961 (43 of 1961), on payment of five hundred rupees to the State Government:

Provided that the lessee/lessees shall make available to the transferee the original or certified copies of all plans of abandoned workings in the area and in a belt 65 metres wide surrounding it.

Provided further that where the mortgagee is an Institution or a Bank or a Corporation specified in Schedule V, it shall not be necessary for any such Institution or Bank or Corporation to meet with the requirement relating to income tax and the said valid clearance certificate.

(3) The State Government, may by order in writing, determine the lease at any time if the lessee/lessees has/have in the opinion of the State Government, committed a breach of any of the above provisions or has/have transferred the lease or any right, title or interest therein otherwise than in accordance with clause (2) :

Provided that no such order shall be made without giving the lessee/lessees a reasonable opportunity of stating his/their case.

Not to be financed or controlled by a Trust, Corporation, Firm or person:-

18.The lease shall not be controlled and the lessee/lessees shall not allow themselves to be controlled by any Trust, Syndicate, Corporation, Firm or person except with the written consent of the Central Government. The lessee/lessees shall not enter into or make any arrangement compact or understanding whereby the lessee/lessees will or may be directly or indirectly financed by or under which the lessee's/lessees' operations or undertakings will or may be carried on directly or indirectly by or for the benefit of or subject to the control of any Trust, Syndicate, Corporation, Firm or person unless with the written sanction given prior to such arrangement compact or understanding being entered into or made of the Central Government and any or every such arrangement compact or understanding as aforesaid (entered into or made with such sanction as aforesaid) shall only be entered into or made and shall always be subject to an express condition binding upon the other party or parties thereto that on the occasion of a state of emergency of which the President of India in his discretion shall be the sole judge it shall be terminable if so required in writing by the State Government and shall in the event of any such requisition being made be forthwith thereafter determined by the lessee/lessees accordingly.

Lessee shall deposit any additional amount necessary:- 123

19. Whenever the security deposit of Rs.2,000 / 1,000 or any part thereof or any further sum hereafter deposited with the State Government in replenishment thereof shall be forfeited or applied by the Central or State Government pursuant to the power in hereinafter declared in that behalf the lessee/lessees shall 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. 1,000 / 500.

Delivery of workings in good order to State Governments after determination of lease:

20.The lessee/lessees shall at the expiration or sooner determination of the said term or any renewal thereof deliver up to the State Government all mines, pits, shafts, inclines, drifts, levels, water ways, airways and other works now existing or hereafter to be sunk or made on or under the said lands except such as have been abandoned with the sanction of the State Government and in any ordinary and fair course of working all engines, machinery, plant, buildings, structures, other works and conveniences which at the commencement of the said term were upon or under the said lands and all such machinery set up by the lessee/lessees below ground which cannot be removed without causing injury to the mines or works under the said lands (except such of the same as may with the sanction of the State Government have become disused) and all buildings and structures of bricks or stone erected by the lessee/lessees above ground level in good repair order and condition and fit in all respects for further working of the said mines and the said minerals.

Right of pre-emption:- 21 .(a) The State Government shall from time to time and all times during the said term have the right (to be exercised by notice in writing to the lessee/lessees) of pre-emption of the said minerals (and all products thereof) lying in or upon the said lands hereby demised or elsewhere under the control of the lessee/lessees and the lessee/lessees 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 times in manner and at the place specified in the notice exercising the said right.

(b) Should the right of pre-emption conferred by this present provision be exercised and a vessel chartered to carry the minerals or products thereof procured on behalf of the State Government or the Central Government be detained on demurrage at the port of loading the lessee/lessees shall pay the amount due for demurrage according to the terms of the charter party of such vessel unless the State Government shall be satisfied that the delay, is due to causes beyond the control of the lessee/lessees.

(c) The price to be paid for all minerals or products of minerals taken in pre-emption by the State Government in exercise of the right hereby conferred shall be the fair market price prevailing at the time of pre-emption PROVIDED THAT in order to assist in arriving at the said fair market price the lessee/lessees shall if so required furnish to the State Government for the confidential information of the Government, particularly of the quantities, descriptions and 124 prices of the said minerals or products thereof sold to other customers and of charters entered into for freight, for carriage of the same and shall produce to such officer or officers as may be directed by the State Government original or authenticated copies of contracts and charter parties entered into for the sale or freightage of such minerals or products.

(d) In the event of the existence of a state of war or emergency (of which existence and President of India shall be the sole judge and a notification to this effect in the Gazette of India shall be conclusive proof), the State Government with the consent of the Central Government shall from time to time and all times during the said term have the right (to be exercised by a notice in writing to the lessee/lessees forthwith take possession and control of the works plant machinery and premises of the lessee/lessees on or in connection with the said lands or operations under this lease and during such possession or control the lessee/lessees shall conform to and obey all directions given by or on behalf of the Central Government or State Government regarding the use or employment of such works, plants, premises and minerals: PROVIDED THAT fair compensation which shall be determined in default of agreement by the State Government shall be paid to the lessee/lessees for all loss or damage sustained by him/them by reason or in consequence of the exercise of the powers conferred by this clause and PROVIDED ALSO that the exercise of such powers shall not determine the said 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.

Employment of foreign national:-

22. The lessee/lessees shall not employ, in connection with the mining operations any person who is not an Indian national except with the previous approval of the Central Government.

Recovery of expenses incurred by the State Government:-

23. If any of the works or matters which in accordance with the covenants in that behalf hereinbefore contained are to be carried or performed by the lessee/lessees be not so carried out or performed within the time specified in that behalf, the State Government may cause the same to be carried out or performed and the lessee/lessees shall pay the State Government on demand all expenses which shall be incurred in such carrying out or performance of the same and the decision of the State Government as to such expenses shall be final.

Furnishing of geophysical data:-

24. The lessee/lessees shall furnish:

(a) all geophysical data relating to mining fields, or engineering and ground Water surveys, such as anomaly maps, sections, plans, structures, contour maps, logging, collected by him/them during the course of mining operations to the Director- General, Geological Survey of India, Calcutta.

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(b) all information pertaining to investigations of radioactive minerals collected by him/them during course of mining operations to the Secretary, Department of Atomic Energy, New Delhi.

Data or information referred to above shall be furnished every year reckoned from the date of commencement of the period of the mining lease.

PART VIII The Covenants of the State Government Lessee/lessees may hold and enjoy rights quietly :-

1. The lessee/lessees paying the rents, water rate and royalties hereby reserved and observing and performing all the covenants and agreements herein contained and on the part of the lessee/lessees to be observed and performed shall and may quietly hold and enjoy the rights and premises hereby demised for and during the term hereby granted without any unlawful interruption from or by the State Government, or any person rightfully claiming under it.

Acquisition of land of third parties and compensation thereof :-

2. If in accordance with the provision of clause 4 of Part VII of this Schedule the lessee/lessees shall offer to pay to an occupier of the surface of any part of the said lands compensation for any damage or injury which may arise from the proposed operations of the lessee/lessees and the said occupier shall refuse his consent to the exercise of the right and powers reserved to the State Government and demised to the lessee/lessees by these presents and the lessee/lessees shall report the matter to the State Government and shall deposit with it the amount offered as compensation and if the Central/State Government is satisfied that the amount of compensation offered is fair and reasonable or if it is not so satisfied and the lessee/lessees shall have deposited with it such further amount as the State and Central Government shall consider fair and reasonable the State Government shall order the occupier to allow the lessee/lessees to enter the land and to carry out such operations as may be necessary for the purpose of this lease. In assessing the amount of such compensation the State Government shall be guided by the principles of the Land Acquisition Act.

To renew:-

3. The mining lease is renewable in terms of the provisions of the Act and the rules made thereunder.

Provided that the State Government may for reasons to be recorded in writing reduce the area applied for.

If the lease is in respect of minerals specified in the First Schedule to the Act, renewal will be subject to the prior approval of the Central Government.

126 If the lessee/lessees be desirous of taking a renewed lease of the premises hereby demised or of any parts of them for a further term from the expiration of the term hereby granted and is otherwise eligible, they shall prior to expiration of the last mentioned term give to the State Government twelve calendar months previous notice in writing and shall pay the rent, rates and royalties hereby reserved and shall observe and perform the several covenants and agreements herein contained and on the part of the lessee/lessees to be observed and performed up to the expiration of the term hereby granted. The State Government on receipt of application for renewal, shall consider it in accordance with the provisions of the Act and the rules made thereunder and shall pass orders as it deems fit. If renewal is granted, the State Government will at the expense of the lessee/lessees and upon his executing and delivering to the State Government if required a counterpart thereof execute and deliver to the lessee/lessees a renewed lease of the said premises or part thereof for the further term of ............. years at such rents, rates and royalties and on such terms and subject to such rents, rates and royalties and on such terms and subject to such covenants and agreements, including this present covenant to renew as shall be in accordance with the Mineral Concession Rules, 1960, applicable to............................(name of minerals) on the day next following the expiration of the term hereby granted.

Liberty to determine the lease:-

4. The lessee/lessees may at any time determine this lease by giving not less than 12 calendar months notice in writing to the State Government or to such officer, or authority as the State Government may specify in this behalf and upon the expiration of such notice provided that the lessee/lessees shall upon such expiration render and pay all rents, water rates, royalties, compensation for damages and other moneys which may then be due and payable under these presents to the lessor or any other person or persons and shall deliver these presents to the State Government 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 agreements contained in these presents.

4A. The State Government may on an application made by the lessee permit him to surrender one or more minerals from his lease which is for a group of minerals on the ground that deposits of that mineral have since exhausted or depleted to such an extent that it is no longer possible to work the mineral economically, subject to the condition that the lessee-

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

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

Refund of security deposits:-

5. On such date as the State Government may elect within 12 calendar months after the determination of this lease or of any renewal thereof, the amount of the security deposit paid in respect of this lease and then remaining in deposit with the State Government and not required to 127 be applied to any of the purposes mentioned in this lease shall be refunded to the lessee/lessees.

No interest shall run on the security deposit.

PART IX General Provisions Obstructions to inspection :-

1. In case the lessee/lessees or his/their transferee/assignee does/do not allow entry or inspection by the officers authorised by the Central or State Government under clauses (i), (j) or

(1) of sub-rule (1) of rule 27 of said Rules, the State Government shall give notice in writing to the lessee/lessees requiring him/them to show cause within such time as may be specified in the notice why the lease should not be determined and his/their security deposit forfeited; and if the lessee/lessees fails/fail to show cause within the aforesaid time to the satisfaction of the State Government, the State Government may determine the lease and forfeit the whole or part of the security deposit.

Penalty in case of default in payment of royalty and breach of covenants:-

2. If the lessee/lessees or his / their transferee or assignee makes/make any default in payment of rent or water rate or royalty as required by section 9 of the Act or commits a breach of any of the conditions and convenants other than those referred to in covenant 1 above, the State Government shall give notice to the lessee/lessees requiring him/them to pay the rent, water rate, royalty or remedy the breach, as the case may be, within sixty days from the date of receipt of the notice and if the rent, water rate and royalty are not paid or the breach is not remedied within such period, the State Government without prejudice to any proceedings that may be taken against him/them, determine the lease and forfeit the whole or part of the security deposit.

Penalty for repeated breaches of covenants:-

3. In cases of repeated breaches of covenants and agreements by the lessee/ lessees for which notice has been given by the State Government in accordance with clauses (1) and (2) aforementioned on earlier occasion, the State Government without giving any further notice, may impose such penalty not exceeding twice the amount of annual dead rent specified in clause 2, Part V.

Failure to fulfil the terms of leases due to "Force Majeure":-

4. Failure on the part of the lessee/lessees to fulfil any of the terms and conditions of this lease shall not give the Central or State Government any claim against the lessee/lessees or be deemed a breach of this lease, in so far as such failure is considered by the said Government to arise from force majeure, and if through force majeure the fulfilment by the lessee/lessees of any of the terms and conditions of this lease be delayed, the period of such delay shall be added 128 to the period fixed by this lease. In this clause the expression "Force Majeure" means act of God, war, insurrection, riot, civil commotion, strike, earth quake, tide, storm, tidal wave, flood, lightning, explosion, fire, earthquake and any other happening which the lessee/lessees could not reasonably prevent or control.

Lessee/lessees to remove his/their properties on the expiry of lease:-

5. The lessee/lessees having first paid discharged rents, rates and royalties payable by virtue of these presents may at the expiration or sooner determination of the said term or within six calendar months thereafter (unless the lease shall be determined under clauses 1 and 2 of this Part and in that case at any time not less than three calendar months nor more than six calendar months after such determination) take down and remove for his/their own benefit all or any 1 [ore mineral excavated during the currency of lease] engines, machinery, plant, buildings structures, tramways, railways and other works, erections and conveniences which may have been erected, set up or placed by the lessee/lessees in or upon the said lands and which the lessee/lessees is/are not bound to deliver to the State Government under clause 20 of Part VII of this Schedule and which the State Government shall not desire to purchase.

Forfeiture of property left more than six months after determination of lease: -

6. If at the end of six calendar months after the expiration or sooner determination of the said term under the provision contained in clause 4 of Part VIII of this Schedule become effective there shall remain in or upon the said land any 2 [ore or mineral] engines, machinery, plant, buildings structures, tramways, railways and other work, erections and conveniences or other property which are not required by the lessee/lessees in connection with operations in any other lands hold by him/them under prospecting licence or mining lease the same shall if not removed by the lessee/lessees within one calendar month after notice in writing requiring their removal has been given to lessee/lessees by the State Government be deemed to become the property of the State Government and may be sold or disposed of in such manner as the State Government shall deem fit without liability to pay any compensation or to account to the lessee/lessees in respect thereof.

Notices : -

7. Every notice by these presents required to be given to the lessee/lessees shall be given in writing to such person resident on the said lands as the lessee/lessees may appoint for the purpose of receiving such notices and if there shall have been no such appointment then every such notice shall be sent to the lessee/lessees by registered post addressed to the lessee/lessees at the address recorded in this lease or at such other address in India as the lessee/lessees may from time to time in writing to the State Government designate for the receipt of notices and every such service shall be deemed to be proper and valid service upon the lessee/lessees and shall not be questioned or challenged by him/them.

1. Inserted by G.S.R.No.56 (E), dated 17.1.2000.

2. Ibid.

129 Immunity of State Government from liability to pay compensation:-

8. If in any event the orders of the State Government are revised, reviewed or cancelled by the Central Government in pursuance of proceedings under Chapter VII of the Mineral Concession Rules, 1960, 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.

8A.The lease is executed at .………… the capital town of the State of ....................

(name of the State) and subject to the provision of Article 226 of the Constitution of India, it is hereby agreed upon by the lessee and the lessor that in the event of any dispute in relation to the area and lease, condition of lease, the dues realisable under the lease and in respect of all matters touching the relationship of the lessee and the lessor, the suits (or appeals) shall be filed in the civil courts at ……………….. (name of the city) and it is hereby expressly agreed that neither party shall be competent to file a suit or bring any action or file any petition at any place other than the courts named above.

9. For the purpose of stamp duty the anticipated royalty from the demised land is Rs............ per year.

IN WITNESS WHEREOF these presents have been executed in the manner hereunder appearing the day and year first above written.

Signed by for and on behalf of the Governor/President of India in the presence of 130 FORM L REGISTER OF APPLICATIONS FOR MINING LEASES (See rule 40(1)]

1. Serial No.

2. Date of application for mining lease.

3. Date on which application was received by the Receiving Officer.

4. Name of the applicant with full address.

5. Situation and boundaries of the land applied for.

6. Estimated area of the land.

7. Particulars of minerals which the applicant desires to mine.

8. Particulars of the prospecting licence if the area applied for is covered by it.

9. Application fee paid and preliminary expenses deposited.

10. Final disposal of the application together with number and date of the order.

11. Remarks.

12. Signature of the officer.

131 FORM M REGISTER OF MINING LEASES [See rule 40(2)]

1. Serial No.

2. Name of the lessee.

3. Residence with complete address of lessee.

4. Date of application.

5. Date on which application was received by Receiving Officer.

6. (a) Number and date of grant of lease.

(b) Date of execution of mining lease.

7. (Omitted)

8. Situation and boundaries of the land.

9. Total area for which lease has been granted.

10. Mineral or minerals for which lease originally granted.

11. Mineral or minerals added to the mining lease with date.

12. Period for which granted.

13. Date and period of renewal.

14. Date of change together with details of change that take place in name, nationality or other particulars of the holder of mining lease.

15. Date of assignment of transfer of the lease, if any, and the name and address of the assignee/transferee.

16. Date of expiry or relinquishment or cancellation.

17. Date from which the area is available for regrant.

18. Remarks.

19. Signature of the officer.

132 FORM-N "To be submitted in triplicate" MODEL FORM OF APPLICATION FOR REVISION (See rule 54)

1. Name and address of individual/s firm or company applying.

2. Profession of individual/s or firm or company.

3. (a) Number and date of order and authority passing the order against which revision application is filed;

(b) Date of communication of the order to the applicant.

4. (a) Omitted.

(b) If the application is in respect of an order made on an application for mineral concession, specify -

(i) whether for grant or renewal;

(ii) whether for prospecting licence or for mining lease;

(iii) date of such application;

(iv) if for renewal, the number and date of letter of the State Government conveying the grant and the date upto which licence/lease was granted;

(v) in the case of second or subsequent renewal, the number and date of letter of earlier grant (s) and date (s) upto which grant (s) have been made.

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 Taluk village Khasra No.

--------------------------------------------------------------------------------------------------------- Total area claimed.

--------------------------------------------------------------------------------------------------------- (A map or plan of the area (s) to be attached.)

7. Whether application fee of Rs. 500/- has been deposited in the manner prescribed in sub-rule (1) of rule 54 of the Mineral Concession Rules, 1960. If so, treasury receipt or bank draft in original should be attached.

133

8. Whether the revision application has been filed within three months of the date of communication of the order passed by the State Government.

9. If not the reasons for not presenting it within the prescribed limit as provided for in proviso to sub-rule (1) of rule 54 of Mineral Concession Rules, 1960.

10. Name and complete address of the party/parties impleaded sub- rule (2) of rule 54

11.

1 Number of copies of petition attached sub-rule (3) of rule 54.

12. Grounds of revision.

13. If the revision application has been filed by the holder of Power of Attorney, the Power of Attorney to be attached.

Yours faithfully, Place Date Signature and designation of the applicant ______________________________________________________________________________

1. Revision petition is to be submitted in triplicate if no party is impleaded. Besides these, for each party impleaded one additional copy is to be enclosed.

134 FORM- O Model form for transfer of mining lease (See rule 37 A) When the transferor is an individual.................The indenture made this.................day of.........……… 20….between............ (Name of the person with address and occupation) (hereafter 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 transferors are more than one individual..............(Name of person with address and occupation) and …………..............(Name of person 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 permitted assigns).

When the transferor is a registered firm..............(Name of the person with 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 include its successors and permitted assigns) of the first part.

And When the transferee is an individual ........... (Name of person with address and occupation) (hereinafter 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.).

When the transferees are more than one individual...........(Name of the person with address and occupation) and ..............(Name of person with address and occupation)(hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and permitted assigns).

135 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 the 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 be deemed to include the successors and assigns) of the third part.

Whereas by virtues of an indenture of lease dated the ............... and registered as No. .................on ......………… (date) in the office of the Sub-registrar of …………….

(place) (hereinafter referred to as lessee) 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 mines and minerals in respect of..................(Name of mineral/s) in the lands described in Schedule thereto and also in Schedule annexed hereto for the term and subject to the payment of the rents and royalties and observance and performance of the lessee's covenant and conditions in the said deed of lease reserved and contained including a covenant not to assign the lease or any interest thereunder 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 the transferor, granted (with the prior approval of the Central Government) permission to the transferor vide order No....................dated ............. to such a transfer and assignment of the lease upon the condition of the transferees entering into an agreement is and containing the terms and conditions hereinafter setforth.

Now this Deed Witnesseth follows:

1.-Omitted.

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 conform and be subject to all the provisions of all the covenants, stipulations and conditions contained in said hereinbefore recited lease in the same manner in all respects as if the lease had been granted to the transferee as the 136 lessee thereunder 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 in the State Government.

(ii) The transferor hereby declares that he has not assigned, sublet, 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 Agreements, contract or understanding whereby he had been or is being Directly or indirectly financed to a substantial extent by or under which the Transferor's operation or understandings were or are being substantially controlled by any person or body of persons other than the transferor.

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

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

(vi) The transferee further declares that he has filed an affidavit stating that he has filed up-to-date income tax returns, paid the income tax assessed on him and paid the income tax on the basis of self-assessment as provided in the Income Tax Act, 1961, (43 of 1961).

(vii) The transferor has supplied to the transferee the original or certified Copies of all plans of abandoned workings in the area and in a belt 65 Metres wide surrounding it.

(viii) The transferee hereby further declares that as a consequence of this Transfer, the total area while held by him under mineral concessions are not in contravention of Section 6 of the Mines and Minerals (Development and Regulation) Act, 1957 or rule 35 of the Mineral Concession Rules, 1960.

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

137 In witness whereof the parties hereto have signed on the date and year first above written.

SCHEDULE Location and area of the lease All that tract of lands situated at .................………………………………..

(Description of area or areas) .......................………… in (Pargana) in ……………………………the Registration Distt................... Sub District...........…………..and Thana…….............bearing Cadestral Survey Nos.………................. containing an area of ...................................or thereabout delineated on the plan hereto annexed and thereon coloured …………………………...

and bounded as follows:- ON THE NORTH BY ON THE SOUTH BY ON THE EAST BY AND ON THE WEST BY Signed by for and on behalf of the State Govt. in the presence of

Signature of transferor in the presence of witnesses

Signature of transferee in the presence of

-------------------------------------------------------------------------------------------------------- 138 1 [ FORM-P Model form for transfer of prospecting licence (See rule 15A) When the transferor is an individual..............…………….This 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 transferors are more than one individual.............(Name of persons with address and occupation) and ………….............(Name of 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 permitted assigns).

When the transferor is a registered firm..............(Name of the person with 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 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 transferor 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 "transferor" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the first part.

AND When the transferee is an individual ........... (Name of person with address and occupation) (hereinafter 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).

When the transferees are more than one individual.....………....(Name of the person with address and occupation) and ..............(Name of person with address and occupation) (hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include their respective heirs, executors, ______________________________________________________________________

1. Inserted by G.S.R. No. 31 (E), dated 22.1.2001.

139 administrators, representatives and 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 the 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 be deemed to include the successors and assigns) of the third part.

Whereas by virtue of an indenture of licence dated the ............…..…… and registered as No. .................on ......………… (date) in the office of the Sub-registrar of …………………..(place) (hereinafter referred to as licensor) the original whereof is attached hereto and marked `A' entered into between the State Government (therein called the licensor) and the transferor (therein called the licensee), the transferor is entitled to search for, the minerals in respect of..................(Name of mineral(s) in the lands described in the Schedule thereto and also in Schedule annexed hereto for the term and subject to the payment of prospecting and other fees and royalties and observance and performance of the licensee's covenant and conditions in the said deed of licence reserved and contained including a covenant not to assign the licence or any interest thereunder without the previous sanction of the State Government.

And whereas the transferor is now desirous of transferring and assigning the licence to the transferee and the State Government has, at the request of the transferor, granted permission to the transferor vide order No....................dated ............. to such a transfer and assignment of the licence upon the condition of the transferee entering into an agreement in and containing the terms and conditions hereinafter setforth.

Now this Deed Witnesseth as follows:

1. The transferee hereby covenants with the State Government that from and after the transfer and assignment of the licence, the transferee shall be bound by, and be liable to perform, observe and conform and be subject to all the provisions of all the 140 covenants, stipulations and conditions contained in said hereinbefore recited licence in the same manner in all respects as if the licence had been granted to the transferee as the licensee thereunder and he had originally executed it as such.

2. 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 prospecting licence is being transferred vest in the State Government;

(ii) the transferor hereby declares that he has not assigned, sublet, mortgaged or in any other manner transferred the prospecting licence now being transferred and that no other person or persons has any right, title or interest where under in the present prospecting licence being transferred;

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

(iv) the transferee hereby declares that he has accepted all the conditions and liabilities which the transferor was having in respect of such prospecting licence;

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

(vi) the transferee further declares that he has filed an affidavit stating that he has filed up-to-date income tax returns, paid the income tax assessed on him and paid the income tax on the basis of self-assessment as provided in the Income Tax Act, 1961, (43 of 1961);

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

(viii) the transferee hereby further declares that as a consequence of this transfer, the total areas held by him under mineral concessions are not in contravention of section 6 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957);

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

141 In witness whereof the parties hereto have signed on the date and year first above written.

SCHEDULE Location and area of the licence:

All that tract of lands situated at …………………..…………….. (Description of areas) .......................… in (Pargana) in ……………………………the District................….. Sub-District...........………….and Thana…….............bearing Cadestral Survey Nos.………........………………………......… containing an area of ...................................or thereabout delineated on the plan hereto annexed and thereon coloured..........……………………………. and bounded as follows:- ON THE NORTH BY ON THE SOUTH BY ON THE EAST BY AND ON THE WEST BY Signed by for and on behalf of the State Government in presence of

Signature of transferor in the presence of witnesses

Signature of transferee in the presence of

2. ] -------------------------------------------------------------------------------------------------------- 142 1[SCHEDULE II [See rule 9(2)(a)] Application fee for prospecting licences

(1) For first square kilometre or part thereof two hundred and fifty rupees.

(2) For each additional square kilometre fifty rupees. ]

SCHEDULE III [See rule 14(1) (ii) (a) & (b)] Maximum quantities of ores and minerals removable Class Mineral/ore Quantities that can be carried away without any payment Maximum quantity that can be carried away by payment of royalty 1 2 3 4 Class-I Asbestos, graphite, mica, native sulphur, auriferous rock with visible uranium mineral and uranium bearing minerals, minerals of rare earths group, beryl, tantalite, columbite-concentrates of ores of antimony, arsenic, bismuth, chromium, copper, lead, nickel, tin, titanium, tungsten, zinc.

250 kg 10 tonnes Class-II Auriferous rock and gravel containing no visible gold, metalliferous ores meant for extracting cadmium, cobalt, mercury, molybdenum, silver, helium, vanadium, barytes, bitumen, borax, corundum, emery, grossularite, felspar, fluorspar and calcite.

5 tonnes 200 tonnes Class-III Uraniferous rock without visible uranium minerals, metalliferous ores meant for extracting antimony, arsenic, bismuth, chromium, copper, lead, nickel, tin, titanium, tungsten, zinc and compound ores containing metals of cadmium, cobalt, mercury, molybdenum, silver, helium and vanadium, gypsum, limestone, iron pyrites, shales, red & yellow ochre, bauxite, metalliferous ores meant for extracting aluminium, iron and manganese.

10 tonnes 200 tonnes Class-IV Limestone, sillimanite, kyanite, magnesite, serpentine, steatite, vermiculite, fireclay, kaolin and other refractory materials, coal and lignite.

50 tonnes 200 tonnes Class-V All other minerals not specified above. 10 tonnes 200 tonnes 1 Substituted by G.S.R. 21 (E), dated 11.1.2002.

143

SCHEDULE IV Omitted by G.S.R. 1010, dated 15.9.1973

SCHEDULE V Institutions/Banks/Corporations (See rule 37)

1. A Scheduled Bank as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).

2. A Bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).

3. A Finance Corporation owned and controlled by a State Government.

4. A State Industrial Development Corporation.

5. Unit Trust of India.

6. Industrial Finance Corporation of India.

7. State Trading Corporation of India.

8. Industrial Credit and Investment Corporation of India.

9. Life Insurance Corporation of India.

10. Industrial Development Bank of India.

11. Industrial Reconstruction Corporation of India Ltd., Kolkata.

12. State Industrial Corporation of Maharashtra.

13. General Insurance Corporation of India and its four subsidiaries, viz. (1) Oriental Insurance Co., New Delhi, (2) New India Assurance Co., Mumbai, (3) National Insurance Co., Kolkata and (4) United Insurance Co., Chennai.

14. The Export and Import Bank of India.

15. The National Bank of Agriculture and Rural Development.

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THE GAZETTE OF Il\i"DIA: EXTRAOF..DUt'ill.Y . - [Pfal<T I!- S!;:C, 3(i)] (W) ~-R<TTr (9) "B' !?~-"a,~ 'S1'"~ ;:pfjep{OI ~ ~ ~ ~ afcIT~ cfi1 fP11fce1 ~ ~. ?iT.

m ~ ~ 1" oti1" 3TTf if anr:~ ~ ~ 1 [lfil.~. 7/2/2012-1'.!Jf.Vl] ~: ~ f):4 PHI mil, m«f ~ (l\il9~ if "ft. il.'cfif.R. 1398, ~ 26 ~. -~:960 ~ ~~"TT;~~~ "ft. m:cflr.f.t 593(31"), ~ 26 ~ . 2012 ~l{I atfcn:r · "fi"!?rr&rr ~ ~ r - MINISTRY OF MINES NOTIFICATION New Delhi, the 18th July, 2014 . ' . . G.S.R. 510(E).- In exercise of the powers conferred by Section 13 of the Mines and. Minerals .(Regulation and Dev~lopment) Act, 1957 (67 of 1957), the Central Government hereby makes the foilowing- . . .

rules further to amend the Mineral Concession Ru}es, 1969, namely:-

1. . (1) Thes·e rules may be called the Mineral Concession (Amendment) Rules,"2014.

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

2. In the Mineral Concession Rules, 1960, in Rule 24A, - .

. . .

(a) For sub-rule (6), the following sub-rule shall be substituted, namely:- ·-"(6) If an application for first r~newal of a mining lease made within the time referred to in sub~tule (1) is not disposed of by the State Government before the date of expiry of the lease, tb,e period of that · lease shall be deemed fo have been extended by a further period of two years · or _ till the State - . Gove~ent passes order thereon, whichever is earlier: · · , · Provided that the leases where applications for first renewal of mining· lease have been made to the State Government and which have not been disposed of by the State Government before the date of expiry oflease· {Uld are pending for disposal as on the date of the notification of this amendment, shall be deemed to have been extended by a further ·period. of two years from the date of coming-into force . of fuis amendment or till the State Government passes order thereon or the date of expiry of the · maximuni period allowed .for first renev,:al, whichever is the earliest:

I ' I I I c .

Provided further that the provisions of this sub-rule shali not apply to renewal under sµb-section (3) of Section 8 of the Mines and Minerals (Development and. Regulation) Act, 1957 (67 of 1957).".

(b) iii sub~rule ·(9), the :words "or the date of expiry of the maximum period· allowed for fir~t renewal, whichever is ear Her." shall be ins<m:ed at the end. · · · ¾: ~ [F. No.7/2/2012-M.VI] R. SRJI)HARAN, Addl. Secy.

Note: -.The Mineral Conces·sion Rules were published in the Gazette of India, vide No~ G.S.R. 1398, dated the 26th November, 1960 and lastly amended vide notification No. G,S.R. 593(E), dated the 26th July, 2012 . .

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 an~ Published by _the Controller of Publications, Delhi-I 10054 . ..

mineral concession rule 1960 Date 26.07.2012 amendment-to-rule-24a6 Date 18.07.2014

Section 75: Prospecting or mining operation by State Governments

Where this provision sits

Find the provision, not just read it

Act	Mineral Concession Rules,1960
Section	75
Marginal note	Prospecting or mining operation by State Governments
Jurisdiction	State of Chhattisgarh
Status	In force as published by the source