(1) No mining lease shall be granted to any person unless he:
(i) produces an income-tax clearance certificate from the Income Tax Officer, concerned;
(ii) produces a certificate of no dues from the Director or an officer authorized by him in this behalf.
(2) No mining lease(s) shall be granted to any person who is not an Indian National, except with the previous approval of the Government.
40. A mining lease may be renewed by the lessor for one or two periods each not exceeding the period for which the mining lease was originally granted.
41. Every mining lease shall be subject to the following conditions:
(i) The provisions of rule 14, 15 and chapter 8 shall apply to all such cases with the modification that the word “Government” occurring in said rules shall be substituted by the word “lessor”;
(ii) The lease may contain such other conditions, not being inconsistent with the provisions of these rules, as may be agreed upon between the parties;
(iii) The period for which a mining lease may be granted shall be ten years in the first instance;
(iv) If the lessee makes any default in payment of royalty as required under rule 57(1) or commits a default or breach of any of the conditions of the lease, the lessor shall give notice to the lessee requiring him to pay the royalty or remedy the default or breach, as the case may be, within 30 days from the date of receipt of the notice and if the royalty is not paid or the default or breach is not remedied within such period, the lessor may, without prejudice to any proceedings that may be taken against the lessee, terminate the lease;
(v) The lessee may surrender the lease at any time by giving not less than three calendar months notice in writing to the lessor after paying all outstanding dues to the lessor;
(vi) The lessee shall furnish a bank guarantee of Rs. ten thousand per hectare to the lessor for due observance of the terms and conditions of the lease, before the execution of the lease deed.
Forfeiture of property left after cancellation of the permit.
Applicability of this chapter.
Restrictions on the grant of mining lease.
Renewal of a mining lease.
Conditions of mining lease.
2028 HARYANA GOVT. GAZ. (EXTRA.), JUNE. 20, 2012 (JYST. 30, 1934 SAKA)
42. No mining lease or any right, title or interest in such lease shall be transferred to another person unless he produces an income tax clearance certificate from the Income Tax Officer concerned.
43. Every transferee or assignee of a mining lease or any right, title or interest therein, shall, within thirty days of such transfer or assignment, inform the Government of the transfer or assignment and of the terms and conditions of such transfer or assignment. He shall also furnish to the Government a certified copy of the Transfer Deed in duplicate.
44. Every person, obtaining a mining lease, shall within ninety days of the grant of such lease, furnish a certified copy of the mining lease in duplicate to the Government.
45. No person granting or transferring a mining lease or any right, title or interest therein, shall charge or pay any premium in addition to the expenditure incurred by him in lieu of surface rent, dead rent or royalty payable under these rules or such proportionate part of such rent or royalty as is payable in respect of such right, title or interest.
46. If the Government has reason to believe that the grant or transfer of a mining lease or any right, title or interest in such lease is in contravention of any of the provisions of this chapter, the Government may, after giving the parties an opportunity to present their case, direct the parties concerned not to undertake mining operations in the area to which the lease relates.
47. The lessee shall furnish to the Government such returns and statements, as may be specified, within a period of thirty days.
48. The provisions of chapter-5 shall also apply in this case with the modification that the words ‘Director’ and ‘Government’ occurring in these rules shall be substituted by the word ‘lessor.’