Section 85, Himachal Pradesh Minor Minerals…

the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015State Rules of Himachal Pradesh · 1957

(1) The Himachal Pradesh Minor Minerals (Concession) Revised Rules, 1971 and the Himachal Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2004 are hereby repealed.

(2) Notwithstanding such repeal anything done or made or any action taken under the provisions of repealed rules shall be deemed to have been validly done or made or taken under the corresponding provisions of these rules.

50 FIRST SCHEDULE FEE REQUIRED UNDER THE RULES S. No. Rule Particulars Fee (in Rupees)

1 [***]

2. 7 (h)(i) and

(16)(2) Application fee for Mining Lease/Renewal of Mining Lease 5,000/- (non-refundable)

3. 15 (1) Security Deposit upto 5 Hectares.

Additional Security based on pro-rata basis for additional area 25,000/- (in shape of Fixed Deposit Receipt (FDR) duly pledged in favour of Competent Authority.

4. 19(15), 23(6) and 31(2)(xiii) Security for Mechanical Mining Rs. 2.00 lacs

5. 21 (1) Fee for Transfer of Mining Lease 2 [2,50,000/- (Non-refundable) upto 5 hectares area and thereafter 50,000/- per hectare for the area more than 5 hectares on pro-rata basis.]

6. 21 (2) Fee for Transfer of Letter of Intent and Grant Order 3 [1,00,000/- (Non-refundable) upto 5 hectares area and thereafter 20,000/- per hectare for the area more than 5 hectares on pro-rata basis.]

7. 29(3) Application fee for Permit 2,500/- (Non-refundable)

8. 38(1) Application fee for recognition as RQP 5,000/- (Non-refundable)

9. 40(2) Fee for Modification of Mining Plan 10,000/-

10. 54 Financial Assurance per hectare on prorata basis 5,000/-

11. 60 Fees for Appeal 1,000/- (non-refundable)

12. 68 Application fee for Joint Inspection of Stone Crusher Site.

2,500/- (Non-refundable)

13. 69 Application fee for Permanent Registration of Stone Crusher.

2,500/- (Non-refundable)

14. 74 Application fee for Registration as a dealer.

1,000/- (Non-refundable)

15. 77 Security for Dealer Registration 10,000/- __________

1. Omitted by Amendment Rules, 2018 vide Notification No. Ind-II(F)6-14/2014-Vol-I dated 06.04.2018.

2. Substituted by Amendment Rules, 2018 vide Notification No. Ind-II(F)6-14/2014-Vol-I dated 06.04.2018.

3. Substituted by Amendment Rules, 2018 vide Notification No. Ind-II(F)6-14/2014-Vol-I dated 06.04.2018.

51 SECOND SCHEDULE RATES OF ROYALTY [See rule 4(1), 18(1) & 19(1)(a)] ------------------------------------------------------------------------------------------------------------------------------------------------------ Sl. Name of Mineral Rates of Royalty/other No. fee required under Rule (Per tonne) ------------------------------------------------------------------------------------------------------------------------------------------------

1. Building stones, Masonary stone including Rs. 60.00 Boulders and Shingle.

2. Limestone Rs. 80.00

3. Marble:

(a) Used for lime burning Rs. 80.00

(b) Dressed, carved and rough marble Rs. 450.00 Slabs

(d) Coarse powder of not more than plus Rs. 80.00 20 mash.

4. Bajri. Rs. 60.00

5. Ordinary Sand/Stone Dust Rs. 60.00

6. Ordinary Soil/Shale Rs. 30.00

7. (a) Rough slab slate Rs. 140.00

(b) Slate Rs. 340.00

8. Kankar, road metal, blast and rorri. Rs. 60.00

9. Cut or dressed blocks of granite and Rs.500.00 traps/basalt including rocks of other colours and shades (size 180x80x50 cms or more)

10. Brick earth Rs. 5000 per lac Bricks on pro-rata basis

11. All other minor mineral not herein specified 25% of the sale value at pit mouth ----------------------------------------------------------------------------------------------------------------------------------------- 52 THIRD SCHEDULE [See rule 18(2) & 19(1)(d)] A. RATES OF DEAD RENT IN RUPEES PER HECTARE PER ANNUM Sr.

No.

Name of the Minor Mineral Rate of Dead Rent

1. Limestone as minor mineral Rs. 25,000/- per hectare and part thereof per annum.

2. Slate/cut stone Rs. 2,000/- per hectare and part thereof per annum.

3. Other Minor Minerals

(i) Private land - Area of mining lease – Rs. 10,000/- per hectare and part thereof per annum

(ii) Government land - Mining lease area - Rs. 10,000/- per hectare upto 5 Hects. and part thereof per annum Mining lease area - Rs. 15,000/- per hectare From 5 Hects. and part thereof per annum upto 10 Hects.

Mining lease area - Rs. 20,000/- per hectare From 10 Hects. and part thereof per annum upto 20 Hects.

Mining lease area - Rs. 25,000/- per hectare more than 20 Hects. and part thereof per annum B. RATES OF SURFACE RENT IN RUPEES PER HECTARE PER ANNUM [see rule 19(1)(d)] Sr. No. Name of the Minor Mineral Rate of Surface Rent

1. Surface rent for Government Land Rs. 1,000/- per hectare.

53 1[FOURTH SCHEDULE] DELEGATION OF POWERS UNDER VARIOUS PROVISIONS OF THE HIMACHAL PRADESH MINOR MINERALS (CONCESSION) AND MINERALS (PREVENTION OF ILLEGAL MINING, TRANSPORTATION AND STORAGE) RULES, 2015 Sl. No. Rule Limit Authorised Officers Limit

1. 7 & 16(2) Power to receive application of grant/renewal of mining lease.

State Geologist Throughout State of Himachal Pradesh

2. 8(3) Power to Acknowledge Application State Geologist Throughout State of Himachal Pradesh

3. 9 Power to assign priority for mining lease State Geologist Throughout State of Himachal Pradesh

4. 9(4) Power to refuse whole or part of area applied for mining lease.

State Geologist for an area upto 1.5 Hects.

Director of Industries for an area above 1.5 Hects. to 3.0 Hects.

Throughout State of Himachal Pradesh

5. 17 Power to issue Letter of Intent & grant of mining lease State Geologist for an area upto 1.5 Hects.

Director of Industries for an area above 1.5 Hects. to 3.0 Hects.

Throughout State of Himachal Pradesh

6. 23(2) 26(6) 27(7) Power to issue Letter of Intent & grant of contract State Geologist upto value of Rs. 10 lacs.

Director of Industries upto value of Rs. 25 lacs.

Throughout State of Himachal Pradesh

7. 30 Power to grant permits for extraction of minor mineral.

Director of Industries Throughout State of Himachal Pradesh

8. 33 Power to grant permission for lifting/transportation of mineral.

State Geologist upto 20,000 Metric Tonnes per month.

Director of Industries more than 20,000 metric Tonne per month.

Throughout State of Himachal Pradesh

9. 57(3) & 71 Power to lodge complaints State Geologist and Mining Officer In their respective jurisdiction

10. 63 Power to sign Form „N‟ Mining Officer In their respective jurisdiction __________

1. Substituted by Amendment Rules, 2018 vide Notification No. Ind-II(F)6-14/2014-Vol-I dated 06.04.2018.

54 FORM-A 1 [***] FORM B 2 [***] __________

1. Omitted by Amendment Rules, 2018 vide Notification No. Ind-II(F)6-14/2014-Vol-I dated 06.04.2018.

2. Omitted by Amendment Rules, 2018 vide Notification No. Ind-II(F)6-14/2014-Vol-I dated 06.04.2018.

55 FORM-C [See rule 7 & 16(2)] APPLICATION FOR GRANT/RENEWAL OF MINING LEASE Received at ___________________ (Place at) ______________ (hour) on the ___________________ day of _____________________.

From: _______________ _______________ ________________ Through To The State Geologist Himachal Pradesh.

I. I/We beg to apply for mining/renewal lease for extraction/collection of _____________ for a term of ___ years over ____ hectares of land in the area specified in the Schedule.

II A sum of Rs. 5000/- as application fee payable under Rule 7 or 16(2) of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 has been deposited in the Government treasury and the receipted challan therefor is enclosed.

III The required particulars are given below:

PARTICULARS:

(1) Name of applicant individual(s), firm, company or society with proof :

(2) Nationality of the Individual(s) or place of registration or incorporations of firm, company or society, with relevant documents :

(3) Profession of individual(s) nature of business of firm or company and place of business :

(4) Address of the individual(s), firm, company or society with address proof.

(5) Whether the application is for a fresh lease or for a renewal of a lease previously granted :

(6) Minor Mineral which the applicant intends to mine :

(7) Period for which the lease is required :

(8) Approximate quantity of minor mineral expected to be raised during the first year :

(9) Manner in which the minor mineral raised is to be utilized

(a) For Stone Crusher (b) For Open Sale

(c) any other purpose In case of any other purpose, the purpose in connection with which it is required should be specified clearly.

(10) A description illustrated by a site plan (in triplicate) showing the situation, boundaries and area of the land in respect of which the lease is required.

The location of the area should be shown by permanent physical features i.e. Road, Tanks, National Highway, State Highway, Village/Town, Water Supply Schemes and Bridges etc.

indicating their distances from the applied area.

(11) A statement showing the areas applied/granted within the jurisdiction of the Government –

(i) already held by me/us in my/our name/names (and jointly with others) under quarrying leases specifying the names of minor minerals.

(ii) Already applied for but not yet granted and

(iii) Applied for simultaneously or being applied for in other districts of this State is appended

(12) In case of renewal, whether renewal is applied for the whole or part of the lease held

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

(14) Any other particulars which the applicant wishes to furnish 57

SCHEDULE Description of the area applied for

(1) Name _______________

(a) Village/Town _______________

(b) Post Office ____ ___________

(d) District _________________ Himachal Pradesh.

(2) The case of Forest Land:

(a) Name of the range _______________ sub-range

(b) Working circle _____________________________.

(3) Detail of area applied for mining lease:

____________________________________________________________ a) Khasra number b) Mauza/Mohal c) Area in Hectares ____________________________________________________________ ____________________________________________________________ (The revenue record should be annexed in original)

(4) Full description of the area applied for with regard to its natural features:

_________________________________________________________ __________________________________________________________ Yours faithfully, Place: __________ Date: __________ (Signature of applicant) N.B.: Note- (I) No application will be held to be complete for purposes of priority unless it furnishes correctly. All the particulars required and properly signed and stamped.

(II) If the application is signed by an authorised agent of the applicant, power of attorney should be attached.

58 FORM-D [See rule 8(3)] RECIEPT OF APPLICATION FOR MINING LEASE OR RENEWALS GOVERNMENT OF HIMACHAL PRADESH Serial No. ______________ Dated: ___________ Received the application with the following enclosures for a mining lease/ renewal of mining lease from Shri/Sarvshri ___________________________ _______________________________________________________________ on _______________ A.M./P.M. for an area measuring ____________________ Hects. _________ of land located in Village/forest block, range ______________________________ Tehsil __________________ District ______________________ for mining __________ _______________________ [name of minor mineral(s)].

Place: _______________ Dated ______________ (State Geologist) Himachal Pradesh Enclosures.

59 FORM-E (See rule 11) MINING LEASE REGISTER

1. Serial number

2. Name and address of the applicant

3. Situation and boundaries of the land

4. The mineral under mining lease

5. The total area

6. Date of execution of the lease

7. Period for which granted, renewed or extended

8. Date of transfer of the lease, if any, and the names of the parties thereto

9. Date of expiry or relinquishment or cancellation

10. Signature of the officer, in charge, in token of attestation 60 FORM „F‟ [See rule 17(3)] FORM OF MINING LEASE DEED FOR MINOR MINERALS This indenture is made on this___________day of________between the Governor, Himachal Pradesh, acting through ___________________ (hereinafter referred to as the „Government‟ which expression shall where the context so admits, include the successors and assignees) of the one part and When the lessee is an individual ________________________ (Name of person with address and occupation) (hereinafter referred to as the „Lessee‟ which expression shall where the context so admits, include heirs, executors, administrators, representatives and permitted assignees) When the lessees are more than one individual ________________________ (Name of person with address and occupation) and other part ________________________ (Name of person with address and occupation) (hereinafter referred to as the „Lessee‟ which expression shall where the context so admits, include heirs, executors, administrators, representatives and permitted assignees) When the lessees is a registered firm All carrying on business in partnership at ________________________ (address of the firm under the name and style person with address and occupation) (hereinafter referred to as the „Lessee‟ which expression shall where the context so admits, include heirs, executors, administrators, representatives and permitted assignees) When the lessee is a registered company _________________ (Name of the Company) A Company incorporated under the Companies Act, 2013 through ............... duly authorized by the Company and having its registered office at _________ (Address) (hereinafter referred to as the „Lessee‟ which expression shall where the context so admits, include heirs, executors, administrators, representatives and permitted assignees) of the other part.

WHEREAS the Lessee has applied to the Government in accordance with the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 (hereinafter referred to as the „said Rules‟) for a mining lease for _________________________ in respect of the lands hereinafter described in Clause (b) and has deposited with the Government the sum of Rs. ___________________________ as security.

(And whereas the lessee is in possession of a valid Certificate of Approval); and Now, therefore, this deed witnesseth and the parties hereto hereby agree as follows:-

1.(a) In consideration of the rents and royalties, covenant and agreement hereinafter contained and on the part of the lessee to be paid, observed and performed, the Government hereby 61 grants and demises unto the lessee all those mines/beds/veins/seams of _____________________ (hereinafter referred to as the „said minor minerals‟ ) situated, lying and being in or under the lands which are referred to in clause (b) together with the liabilities, powers and privileges to be executed or enjoyed in connection herewith which are hereinafter mentioned in Part-I subject to the restrictions and conditions and to exercise and enjoyment of such liberties, powers and privileges which are hereinafter mentioned in Part-II and subject to other provisions of this lease.

(b) The area of the said lands is as follows:

All that tract of land situated at Village/Mauza/Mohal _____________ in Tehsil ______, District _______, H.P. bearing Khasra Numbers__________containing an area of _____________or thereabouts delineated on the revenue map (Tatima) or site plan hereto annexed and bounded as follows:

On the North by ________________________ On the South by________________________ On the East by __________________________ On the West by ___________________________ (hereinafter referred to as the „said lands‟ or „leased area‟).

(c) The lessee shall hold the premises hereby granted and demised from the _______day of ______________, ______ for the term of ____ years thence next ensuing.

PART - I LIBERTIES POWERS AND PRIVILEGES TO BE EXERCISED AND ENJOYED BY THE LESSEE (S) The following liberties, powers and privileges may be exercised and enjoyed by the lessee(s) subject to the other provisions of this lease deed:-

1. To enter upon land and search for win, work etc: Liberties 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 minor minerals.

2. To sink drive and make pit, shaft and inclines etc.: Liberty and power for or in connection with any of the purposes mentioned in this clause to sink, drive, make, maintain and use in the said lands and pits, shafts, inclines, drifts, levels, water ways, airways and other works (and to use, maintain, deepen or extend any existing works of the like nature in the said lands).

1. To bring and use machinery, equipments: Liberty and power for or in connection with any of the purposes mentioned in this clause to erect, construct, maintain and use on or under the said lands any engine, machinery, plant, dressing floors, furnaces, coke ovens, brick kilns, workshops, store-houses-banglows, godowns, shed and other buildings and other works and conveniences of the like nature on or under the said lands.

4. To use water from streams, etc.: Liberty and power for or in connection with any of the purposes mentioned in this clause but subject to the rights of any existing or future lessees and with the written permission of the Collector to appropriate and use water from any streams, water course, springs or other source in or upon the said lands and to divert, step up or dam any such stream or watercourse and collect or impound any such water and to make, construct and maintain any water-course, cultivated land, village buildings or watering places for livestock of a reasonable supply of water as before accustomed nor in any way to foul or pollute any streams or springs:

Provided that the lessee shall not interfere with navigation in any navigable stream nor shall divert such stream without the previous written permission of the Government.

5. To fell undergrowth and utilize timber and trees, etc.: Liberty and power for or in connection with any of the purposes mentioned in this lease deed, to clear undergrowth and brush-wood. Lessee shall not fell any trees or timber standing or found on the said lands without obtaining prior permission in writing from the concerned Competent Authority in case of the forest area as per requirement of the Forest Conservation Act, 1980.

6. To get building and road materials, etc.: Liberty and power for or in connection with any of the purposes, mentioned in this lease deed, to quarry and get stones, gravel and other building and road materials and ordinary clay and to use and employ the same and to manufacture such clay into bricks or tiles and to use such bricks or tiles but not to sell any such material, bricks, tiles.

7. To use land for stacking purpose: Liberty and power to enter upon and use a sufficient part of the surface of the said lands for the purposes of stacking, storing or depositing therein any produce of the mines and works carried on and tools, equipment and other materials needed for mining operations.

PART–II RESTRICTIONS AS TO THE EXERCISE OF THE LIBERTIES BY THE LESSEE The liberties, powers and privileges granted under Part-I, are subject to the following restrictions and subject to the other provisions of this lease deed:-

1. No mining operations within the limit of public works etc.: The lessee shall not carry on, or allowed to carried on any mining operation at any point with in a distance of 100 (hundred) metres from any railway line except under and in accordance with the previous written permission of the Railway Administration, two kilometres from the limits of Municipal Corporation/Committee, one kilometre from the limit of Nagar Panchayat or 100 (hundred) metres from National Highway/Express way or 25 (twenty five) metres from State Highway or 10 (ten) metres from other roads or 50 (fifty) metres from any reservoir, canal or buildings or inhabited sites except under and in accordance with the previous permission of the Competent Authority. The Railway Administration or the Joint Inspection Committee may in granting such permissions, impose such conditions as may deem fit.

2. Notice for surface operation in land not already in use: Before using for surface operations on any land which has not already been used for such operation, the lessee shall give to the Director of Industries, Himachal Pradesh and the Mining Officer, two calendar months, previous notice in writing, specifying the situation and the extent of the land proposed to be so used and the purpose for which the same is required.

3. Not to use the land for other purposes: The lessee shall not cultivate or use the land for purposes other than those specified in the lease deed.

4. Use of Mechanical Excavator for Mining: The mechanical mining in river/stream bed shall be undertaken only with the help of tyre mounted front end loader upto 80 Horse Power without backhoe with the permission of the Director of Industries.

5. Mining Plan: The lessee(s) shall carryout mining operation in accordance with the approved mining plan.

PART – III COVENANTS OF THE LESSEE The lessee hereby covenant(s) with the Government as follows:-

1. Rate of Royalty:

(a) The lessee shall pay royalty on the quantity of the said minor mineral removed from the leased area in advance at the rate specified in the Second Schedule. However, as and when the limestone is supplied by the lessee to the Industries other than lime-kiln, royalty shall be paid by the lessee for limestone as major mineral, whichever is more.

(b) Mode of determination of sale price at the pit‟s mouth: The sale price of the minor minerals at the pit‟s mouth shall be the current market price for the mineral of the same grade less-

(i) Transport charges from the mine head to the nearest rail head;

(ii) Railway freight from the rail head to the market; and

(iii) Estimated handling charges and other incidental expenditure not exceeding five percent of the market price.

(c) For calculating the royalty, the lessee shall submit by the 10th of every month to the Mining office, a return in Form-'G' giving the total quantity of minor mineral(s) raised and despatched from the leased area in the preceding calendar month and its value and in case of mineral based industry the monthly electricity consumption bill and other requisite details also. If the lessee does not deposit royalty due for the preceding month by 10th of month, 24% per annum simple interest will be charged for the default period after 10th of month.

2. Surface Rent: - The lessee shall pay for the surface area occupied by him, surface rent at the rate of Rs. __________ per hectare per annum in two half yearly installments. No surface rent shall be charged in the private lands.

3. Dead Rent:-The lessee shall also pay for every year, yearly dead rent at the rate of Rupees ________ per hectare per annum:

Provided that the lessee shall be liable to pay the dead rent or royalty in respect of each mineral, whichever be higher but not both.

4. Working of newly discovered minerals: If any minor mineral, not specified in the lease, is discovered in the leased area, the lessee shall report the discovery without delay to the Government and shall not win or dispose of such minor mineral without obtaining a lease therefore. If he fails to apply for such a lease within 6 months from the discovery of the minor mineral, the Government or the authorized officer may give the lease in respect of such mineral to any other person.

5. To commence mining operations within one year and carry them on properly:

Unless the Government for sufficient cause permits otherwise, the lessee shall commence mining operations within one year, from the date of execution of the lease deed and shall thereafter conduct such operations in a proper, skilful and workman like manner.

EXPLANATION: For the purpose of this clause „Mining Operation‟ shall include the erection of machinery, laying of a tramway or construction of a road in connection with the working of the mine.

6. To erect and maintain Boundary Pillars, etc.: The lessee shall, at his own expense, erect and at all times maintain and keep in good repairs boundary marks and pillars according to the revenue map annexed to the lease.

7. Accounts: The lessee shall keep correct accounts showing the quantity and other particulars of all minerals obtained from the mines and the number of persons employed therein and a complete plan of the mine and shall allow any officer authorized by the Himachal Pradesh Government or the Central Government in that behalf to examine at any time any accounts and records maintained by him, and shall furnish to the Himachal Pradesh Government or the Central Government with such information and returns as it may require.

8. To allow facilities to other lessees, etc.: The lessee shall allow existing and future licensees or lease holders/contractors of any land which is comprised in or adjoins or is reached by the land, held by the lessee, reasonable facilities for access thereto.

9. To allow entry to Officers: The lessee shall allow any officer authorized by the Himachal Pradesh Government and the Central Government to enter upon any building, excavation or land comprised in the lease for the purpose of inspecting the mines.

10. Returns - The lessee shall,-

(a) for calculating the royalty the lessee shall submit by the 10th of every month to the Mining office, a return in Form-'G' giving the total quantity of minor mineral(s) raised and despatched from the leased area in the preceding calendar month and its value and in case of mineral based industry the monthly electricity consumption bill and other requisite details also. If the lessee does not deposit royalty due for the preceding month by 10th of month, 24% per annum interest will be charged for the default period after 10th of month.

(b) The lessee shall also furnish by the 15th April, every year to the Director and other Officer(s) specified in the lease deed, a statement giving information in Form-„H‟ regarding quantity and value of minor mineral(s) obtained during the last financial year, average number of regular labourers employed (men and women separately), number of accidents, compensation paid and number of days worked and wages paid to them separately.

11. To strengthen and support the mines: The lessee shall strengthen and support to the satisfaction of the State Government, any part of the mine which in its opinion, requires such strengthening or support for the safety of any railway, bridge, national highway, reservoir, tank, canal, road or any other public work or buildings.

12. Information for using explosive: The lessee shall immediately give an information in Form-„I‟ for use of explosive as soon as-

(a) the workings in the mine extends below superjacent ground;

(b) the depth of any open cast excavation measured from its highest to 65 the lowest point reaches six metres;

and

(d) the explosives which are used.

13. Maintenance of Sanitary conditions: The lessee shall maintain sanitary conditions in the area held in by him under the lease.

14. To pay compensation for damage and indemnify the Government: The lessee/lessees shall make and pay such reasonable satisfaction and compensation as may be assessed by lawful authority in accordance with the law in force on the subject for all damage, injury or disturbance which may be done by him/them in exercise of the powers granted by this lease and shall indemnify and keep indemnified fully and completely the State Government against all claims which may be made by any person or persons in respect of any such damage, injury or disturbance and all costs and expenses in connection therewith.

15. Abiding by rules: The lessee shall abide by all existing Laws (Acts) and Rules made thereunder enforced by the Government of India or the Himachal Pradesh Government and all such other Laws (Acts) or Rules as may be enforced from time to time in respect of working of the mine and other matters affecting safety, health and convenience of the employees of the lessee or of the public.

16. To report accident: The lessee shall without delay report to the Deputy Commissioner of the District concerned and the Mining Officer or any other officer authorized by him, any accident which may occur at or in the leased area.

17. Delivery of possession of Land and Mines on the surrender or sooner determination of the lease: At the end or sooner determination or surrender of the lease, the lessee shall deliver up the said lands and all mines (if any dug therein) in a proper and workable state, save in respect of any working as to which the Government might have sanctioned abandonment.

18. To provide weighing machine: The lessee shall provide and at all times keep at or near the pit-head at which the said mineral shall be brought to bank a properly constructed and efficient weighing machine and shall weigh or cause to be weighed thereon all the said minor minerals from time to time brought to bank sold, exported and converted products, and shall at the close of each day cause the total weights, ascertained by such means of the said minor minerals, ores, products, raised, sold, exported and converted during the previous twenty four hours to be entered in the books of accounts. The lessee shall allow the Government at all times during the said term to employ any person or persons to be present at the weighing of said minor minerals as aforesaid and to keep accounts thereof and to check the accounts kept by the Lessee. The lessee shall give 15 (fifteen) days previous notice in writing to the concerned Mining Officer of every such measuring or weighing in order that he or some officer on his behalf may be present thereat.

19. To secure pits, shafts, not fill them up: The lessee shall well and properly secure pits and shafts and will not without permission in writing willfully close, fill up or chock any mine or shafts.

20. Not to enter upon or to commence operations in the forest land: The lessee shall not enter upon or commence any mining operations in forest land comprised 66 in the leased area except after previously obtaining permission in writing of the Competent Authority.

21. To respect water rights and not injure adjoining property: The lessee shall not injure or cause to deteriorate any sources of water, power or water supply and shall not in any other way render any spring or stream of water unfit to be used or do anything to injure adjoining land, villages or houses.

22. Stocks lying at the end of the lease: The lessee shall on the termination or sooner determination of the lease remove all extracted minerals from the premises of the leased areas within three months and thereafter all extracted minerals in the said lands left over indisposed, after the termination or determination of lease shall be deemed to be property of the Government.

23. Payment of Taxes: The lessee shall duly and regularly pay to the appropriate authority all taxes, cesses and local dues in respect of the leased area.

PART-IV RIGHTS OF THE STATE GOVERNMENT

1. Premature Termination of Lease: Where the State Government is of the opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, prevention of pollution or to avoid danger to public health or communication or to ensure safety of building, monuments or other structures or for such other purposes, as the State Government may deem fit, it may, by an order, in respect of any minor mineral, make premature termination of mining lease with respect to the area or any part thereof covered by such lease:

Provided that no order making a premature termination of a mining lease shall be, made except after giving the holder of the lease a reasonable opportunity of being heard.

2. The Government may determine the lease: The Government shall have the right to determine the lease after serving a notice on the lessee to pay the dues within 30 (thirty) days from the date of receipt of the notice. If the dead rent or royalty or surface rent reserved or made payable by the lessee is not paid within 15 (fifteen) days next after the date fixed in the lease for payment of the same, Government or any other officer authorized by it in this behalf may also at any time after serving the aforesaid notice, enter upon the said premises and distrains all or any of the minerals or movable property therein and may carry away, detain or order the sale of the property so distrained, or so much of it as will suffice for the satisfaction of the rent or royalty due and all costs and expenses occasioned by the non-payment thereof.

3. Determination of lease in public interest: The Government may by giving 6 (six) months‟ prior notice in writing determine the lease if the Government consider that the area under the lease is required for establishing an industry beneficial to the public in case of Government land:

Provided that in the state of National Emergency or war the lease may be determined without giving such notice.

4. Right of pre-emption: The Government shall from time to time and at all times during the term of lease shall have the right (to be exercised by notice in writing to the lessee of pre- 67 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 and the lessee shall deliver all minerals or products thereof to the Government at current market rates in such quantities and in the manner, at the place specified in the notice exercising the said right.

5. Penalty for not allowing entry to Officers: If the lessee or his transferee or assignee does not allow any entry or inspection under clause (9) of Part-III, the Government may cancel the lease and forfeit in whole or in part the security deposit paid by the lessee under rule 15 of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015.

6. Acquisition of land of third parties and compensation thereof: In case the occupier or owner of a land in respect of which minor mineral rights vest in the Government refuses his consent to the exercise of the right and powers, reserved to the Government and demised to the lessees or contractors, as the case may be, the lessees or contractors shall report to the Government and shall deposit with it the amount offered as compensation and if the Government is satisfied that the amount of compensation offered is fair and reasonable or if it is not so satisfied and the lessee or contractor shall have deposited with it such further amount as the Government shall consider fair and reasonable the Government shall order the occupier to allow the lessee or contractor to enter the land and to carry out such operations as may be necessary for the purposes. In assessing the amount of such compensation, the Government shall be guided by the principles of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013).

PART-V GENERAL

1. Cancellation: The lease shall be liable to be cancelled by the Government if the lessee ceases to work the mine for a continued period of six months without obtaining written sanction of the Competent Authority.

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

3. Recovery: Without prejudice to any other mode of recovery authorized by any provision of this lease or by any law, all amounts, falling due hereunder against the lessee may be recovered as arrears of land revenue under the law in force for such recovery.

4. Forfeiture of property: The lessee should remove his property lying on the said lands within three months after the expiry or sooner determination of the lease or after the date from which any surrender by the lessee of the said lands under rule 22 of Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 becomes effective, as the case may be. The property left after the aforesaid period of three months shall vest in the Government free 68 from all encumbrances and may be sold or disposed of in such manner as the Government, shall deem fit without liability to pay compensation therefore, to the lessee.

5. Security and forfeiture thereof:

(a) The Government may forfeit the whole or any part of the security amount of Rs.

__________ deposited by the lessee on breach of any covenant to be performed by the lessee under this lease deed.

(b) The rights conferred by this clause shall be without prejudice to the rights conferred on the State Government by any other provision or this lease or by any law.

(c) On such date as the Government may appoint within twelve calendar months after the expiry of this lease the amount of security deposit paid in respect of this lease shall be refunded to the lessee in case there is no violation of terms & conditions of this lease deed. No interest shall run on the security deposit.

6. Survey and demarcation of the area: When a mining lease is granted by the Government, arrangements shall be made, if necessary, at the expense of the lessee, for the survey and demarcation of the area granted under the lease. The lessee shall have to bear actual expenses of the staff deputed for the work. Actual expense will include traveling allowances and daily allowances and salary of staff plus 10 percent as instruments charges.

7. Rights of lessee to determine the lease: The lessee may determine the lease at any time by giving not less than six calendar months notice in writing to the Government after paying all outstanding dues of the Government.

8. Applicability of rules: The lessee shall work according to Mines and Minerals (Development & Regulation) Act, 1957, the Metallifurous Mines Regulation, 1960, Mines Act, 1952, Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015, Himachal Pradesh Minor Mineral Policy, 2013 including other rule of law applicable from time to time. The contravention of any provisions of Act or its sub-ordinate legislation shall amount to cancellation of contract.

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

For and on behalf of the lessee For and on behalf of the Governor, Himachal Pradesh Witnesses:

1.____________________ 1.__________________________

2.____________________ 2.__________________________ 69 FORM-G [See rule 19(1)(b)& 23(7)] MONTHLY RETURN FOR THE MONTH OF __________

1. Name and address of lease holder:

2. Location of the mine:

a) Village b) Tehsil c) District

3. Name of minor mineral(s) worked.

4. Average number of persons employed daily:

(a) Male (b) Female (c) Total

5. Average number of days worked

6. Detail of Production & royalty

(a) Name of mineral(s).

(b) Closing stock brought forward from the previous month (tonnes).

(d) Despatches during the month (in tonnes):

(e) Total Stock (tonnes)-(b+c)

(f) Closing stock (tonnes)-(e-d).

(g) Detail of royalty i) Royalty due ii) Royalty paid iii) Royalty balance

(h) Remarks N.B.(1) Please furnish on the reverse of this form reason for rise or fall in production, despatches and labour employed etc. as compared with previous month.

Signature of the lessee or his authorised agent.

Date __________ 70 FORM-H [See rule 19(1)(c)] ANNUAL STATEMENT OF MINOR MINERAL OBTAINED, LABOURERS EMPLOYED ETC.

FOR THE FINANCIAL YEAR ENDING ____________

1. Name & Address of the lessee _______________________________

2. Area of lease ___________________________________ Village ____________________________________ Tehsil ____________________________________ District ____________________________________

3. Name of the minor mineral(s) worked

4. Production in M.T.

5. Value

6. Average daily number of labourers, days worked and wages paid:

(Number) (Wages paid) Male Female

7. Dues Paid

(a) Royalty/dead rent (b) Surface rent

8. Any outstanding amount, if any.

9. Remarks Dated: _____________ Signature of the lessee or his authorised agent.

This return is to be submitted by the 15th April of each year for the preceding financial year i.e. from first of April to 31st March, to the Director of Industries and Mining Officer concerned.

71 FORM-'I' [See rule 19(12)] INFORMATION FOR USING EXPLOSIVES

1. Name & Address of the lessee _______________________________

2. Area of lease ___________________________________ Village ____________________________________ Tehsil ____________________________________ District ____________________________________

3. Name of the minor mineral(s) worked

4. Date when work has first started.

5. (a) Name and postal address of present owner(s)

(b) Name and postal address of agent, if any

6. (a) Name and postal address of Manager, if any

(b) His age

(d) His experience in mining

7. Whether workings are likely to be extended below superjacent ground.

8. (a) Maximum depth of open cast excavation measured from its lowest point

(b) Date when depth first exceeded six metres

9. (a) Nature, amount and kind of explosives used, if any

(b) Date when explosives were first used

10. Date(s) on which the number of persons employed on any day exceeded 50.

Dated ……………. Signature of Owner/ Agent /Manager.

To be sent to-

(1) The Chief Inspector of Mines, Government of India, Dhanbad (ER).

(2) The Director, Indian Bureau of Mines, Government of India, Nagpur.

(3) The District Magistrate of the district where the mine is situated.

(4) The Director of Industries, Himachal Pradesh, Shimla-l.

(5) The Mining Officer concerned.

72 FORM-„J‟ [See rule 21(3)] Form for Transfer of Mining Lease When the transferor is an individual................. This indenture is 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 incorporated under the Companies Act, 2013 through ............... duly auhorised by the Company 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).

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 through .............. (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 73 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 State 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 as follows:

1. 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 lessee 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 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 lease.

(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.

(vii) The transferor has supplied to the transferee the original or certified Copies of all plans of workings in the area.

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

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

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 Governor of Himachal Pradesh in the presence of witnesses

Signature of transferor in the presence of witnesses

Signature of transferee in the presence of witnesses

75 FORM „K‟ [See rule 23(4), 26(8) & 27(9)] AGREEMENT DEED THIS INDENTURE is made on this _______________ day of ________ between the Governor of Himachal Pradesh through __________________________ Himachal Pradesh (hereinafter referred to as the „Government‟ which expression shall where the context so admits be deemed to include the successors and assignees) of the one part, and WHEN THE CONTRACTOR IS AN INDIVIDUAL ______________________ (Name of the person with address and occupation) ________________ [Hereinafter referred to as the contractor(s) which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators and representatives].

WHEN THE CONTRACTOR IS A REGISTERED FIRM ____________ (Name and address of the partner) son of ___________________ of _______ all carrying on business in partnership under the firm name and style through duly authorized by the firm, _____________ (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 for the contractor (s), which expression where the context so admits be deemed to include all the said partners their respective heirs, executors, legal representatives and permitted assignees].

WHEN THE CONTRACTOR IS A REGISTERED COMPANY _________________ (Name of the Company) A Company incorporated under the Companies Act, 2013 through ............... duly authorized by the Company and having its registered office at _________ (Address) (hereinafter referred to as the „Contractor‟ which expression shall where the context so admits, include heirs, executors, administrators, representatives and permitted assignees) of the other part.

WHEREAS THE bid/tender amount of Rs. ______ (Rupees ______________) of the Contractor(s) offered on ________ at ____________ (name of the place) in accordance with the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 (hereinafter referred to as the `said rules‟) for the extraction of _____________ (name of the minor mineral) has been accepted by the Government for contract for __________ years from ________ to _________ in respect of the lands described in Part I of the Addendum hereunder written and has/have deposited with the State Government a sum of Rs. _____ (Rupees _________) as security for the due fulfillment of the covenants herein contained. The Government is empowered to deduct from such security money any sum which may be due from the Contractor (s) whether in respect of the contract money or other sum payable to Government by him hereunder.

76 If not confiscated under the provisions of this contract the security money or such balance thereof and may be left after making the deductions above-mentioned will be returned to the Contractor(s) after the expiry of the term of this contract and after the Government have satisfied itself that the term of this contract have been duly and faithfully carried out by the Contractor(s).

Witness that in consideration of the contract money, covenants and agreements by and in these presents and the Addendum hereunder written reserved and contained and on the part of the contractor(s) to be paid, observed and performed, the Government hereby grants and demises unto the contractor(s).

All those the mines, beds veins, seams of ________________ (hereinafter and in the Addendum 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 Addendum, together with the liberties, powers and privileges to be exercised or enjoyed in connection herewith subject to the restriction and conditions as to the exercise and enjoyment of such liberties, powers and privileges EXCEPT and reserving out of this demise unto the Government the liberties, powers and privileges mentioned in the said rules.

TO HOLD the premises granted and demised unto the contractor (s) from the ______________ day of __________ 20 _____ for a term of ____years.

AND the contractor(s) hereby covenant(s) with the Government and the Government hereby covenants with the contractor(s) as is expressed in the said rules.

AND it is hereby MUTUALLY AGREED between the parties hereto as in Part III of the said Addendum is expressed.

ADDENDUM

PART-I LOCAION AND DESCRIPTION OF THE AREA OF THE MINE For the purpose of mining, the tract or land situated in Village _______ in Tehsil ______________ in the District of __________ and bearing Khasra Nos. ___________________ containing an area of ______________________________ delineated on the revenue map (Tatima)/ Site Plan hereto annexed, (hereinafter referred to as the `said lands‟).

PART-II AMOUNT AND MODE OF PAYMENT OF CONTRACT MONEY

(1) The contractor(s) shall/will during the subsistence of the contract pay to the Government contract money mentioned below in respect of ____________________ (Name of the quarry) given to him/them on contract for a period of _____________________________ years from ___________ to __________________ No.

of installments Amount.. The date on which installment to be paid COURSE OF ACTION IF CONTRACT MONEY IS NOT PAID IN TIME

(2) Should any installment of contract money due to the Government under the terms and conditions of these presents be not paid by the Contractor(s) within the prescribed time, the 77 same may be recovered on certificate in Form-„N‟ of such officer as may be specified by the Government by general or special order, in the same manner as the arrears of land revenue.

(3) The Contractor(s) shall not remove from the mine site nor export the slates/minor minerals extracted from the mine until he has paid the installment of the contract money as laid down in clause (1) of this part.

(4) (a) The Director of Industries/State Geologist/Mining Officer may at his discretion extend the period of payment of any particular installment on payment of interest at the rate of Rs. 12% per annum.

(b) If the Contractor(s) fail(s) to pay any installment of contract money or any part thereof on the due date without permission of the competent authority in writing, they will be liable after the lapse of one week of grace at the discretion of the competent authority to pay as penalty at Rs. 24% per annum, which payment shall be realized from this security money here to aforementioned by the seizure and detention of his/their slates/minor minerals. If such failure extends to 30 days, the purchaser shall be liable to lose all claims to the slate/minor mineral quarry or slates/minor minerals, and to the retention by the Mining Officer, of all money already paid by the purchaser on their behalf under the terms of the agreement as liquidated damages and the Mining Officer, subject to the approval of the Competent Authority, may cancel the contract.

PART-III GENERAL CONDITIONS:

(1) Discovery of other minerals:

(a) The contractor shall report to State Government the discovery in the mine area of any mineral not specified in the contract within thirty days of such discovery;

(b) if any mineral not specified in the contract is discovered in the mine area, the contractor shall not win and dispose of such mineral unless the permission is obtained from the Competent Authority thereof.

(2) Foreign National not to be employed:

Except with the prior approval of the State Government, the contactor shall not employ in connection with the mining operations any person who is not an Indian National.

(3) Erection and maintenance of boundary marks:

The contractor shall at his own expense erect and at all times maintain and keep in good repair boundary marks and pillars necessary to indicate the demarcation shown in the plan annexed to the contract.

(4) Maintenance of correct accounts of minerals:

The contractor shall keep correct accounts showing the quantity and other particulars of all minerals obtained and dispatched from the mine, giving mode of transport, registration number of vehicle, person in-charge of vehicle or animal and nature and quantity of minerals carried, the sale price, the number and nationality of persons employed therein, and complete plans of the mine, and shall allow any officer authorised by the Central or the State Government in this behalf to examine at any time any accounts, plans and records maintained by him and shall furnish to the Central Government or the State Government or any officer authorised by either, in this behalf, such information as may be required.

(5) Maintenance of record of trenches, pits etc.:

The contractor shall keep accurate records of all trenches, pits and drillings made by him in the course of mining operations carried on by him under the contract and shall allow any officer authorised by the Central or the State Government to inspect the same. Such records shall contain the following particulars, namely:

a) the sub-soil and strata through which such trenches, pits or drillings pass;

b) any mineral encountered;

c) such other particulars as the Central or the State Government may, from time to time, require.

(6) Restrictions: The contactor shall not carry on or allowed to be carried on any mining operation at any point within a distance of 100 metres from any railway line except under and in accordance with the previous written permission of the Railway Administration or 100 metres from National Highway or 25 metres from State Highway or 10 metres from other roads or 50 metres from any reservoir, canal or buildings or inhabited sites except under and in accordance with the previous permission of the Competent Authority. The Railway Administration or the Joint Inspection Committee may in granting such permissions, impose such conditions as may deem fit.

(7) Facilities for access: (a) The Contractor shall allow existing and future licensees or lease holders or contractors of any land which is comprised in or adjoins or is reached by the land, held by the lessee, reasonable facilities for access thereto.

(b) The contractor shall allow any officer authorised by the Government or the Central Government to enter upon any building or land comprised in the lease for the purpose of inspecting the mines and to abide by such instruction which may be issued by the Inspecting Officers from time to time for scientific working and conservation of minerals:

Provided that if the contractor does not allow entry or inspection under clause-7(b) of Part-III, the Government may cancel the contract and forfeit in whole or in part the security deposit, paid by the contractor.

(8) Safety of public utilities: The contractor shall strengthen and support to the satisfaction of the Railway Administration or the State Government as the case may be, any part of the mine which in its opinion requires such strengthening or support for the safety of any railway, bridge, national highway, reservoir, tank, canal, road or any other public works or buildings;

(9) Information for using of explosive: The contractor shall immediately give an information in Form-„I‟ for use of explosive as soon as-

(a) the workings in the mine extends below superjacent ground;

(b) the depth of any open cast excavation measured from its highest to the lowest point reaches six metres;

(d) the explosives which are used.

(10) Expenses to be borne by the contractor: When contract is granted by the Government arrangements shall be made, if necessary, at the expense of the contactor, for the survey and demarcation of the area granted under the contract. The contactor shall have to bear actual expenses of the staff deputed for the work. Actual expenses shall include travelling allowance, daily allowance and salary of the staff plus 10 percent as instruments charges.

PART-IV CONTRACT MAY BE DETERMINED ON BREACH OF RULES, COVENANTS AND CONDITIONS THEREOF

(1) If the Contractor(s) commits/commit a breach of any of the `said rules‟ and any of the covenants/conditions of this contract, the Government may determine the contract, and forfeit the whole or part of the security deposit provided that the contractor(s) shall be given reasonable opportunity to explain the breach before the contract is determined.

(2) If the contract is cancelled or determined under clause (1) above, the contractor(s) shall remain liable for the contract money due upto the time of such cancellation or sooner determination and the Government may re-auction/re-tender the `said lands‟.

(3) CONTRACTOR (S) TO REMOVE HIS/THEIR PROPERTIES ON THE EXPIRY OF THE CONTRACT The „Contractor(s)‟ having first paid the contract money payable by virtue of these presents, may at the expiration or sooner determination of the said contract take down and remove his/their property etc. within three months, such as engines, machinery, plant, buildings, structures and other works, erections and conveniences which may have been created, set up or placed by the, Contractor(s)‟ in or upon the `said lands‟.

(4) FORFEITURE OF PROPERTY LEFT AFTER EXPIRATION OR SOONER DETERMINTION OF THE CONTRACT If at the end of the expiry or sooner determination of the said contract there shall remain in or upon the said lands any engines, machinery, plant, buildings, structures and other works, erections and conveniences or other property the same shall if not removed by the c ontractor(s) within three calendar month after NOTICE in writing requiring their removal has been given to the Contractor(s) by the Mining Officer be deemed to become the property of the Government and may be sold or disposed of in such manner as the Government shall deem fit without liability to pay any compensation to the contractor(s).

(5) Notices. - Every notice by these present required to be given to the Contractor(s) shall be given in writing to such person resident on the said lands, as the Contractor(s) 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 Contractor(s) by registered post at the address recorded in this agreement or at such other address in India as the Contractor(s) may from time to time in writing to the Government designate for the receipt of notices and every such service shall be deemed to be proper and valid service upon the Contractor(s) and shall not be questioned or challenged by him/them.

(6) That the Contractor(s) shall provide at the mine site two first aid boxes containing necessary medicines.

(7) That the Contractor(s) shall carry out mining operation in accordance with the approved Mining Plan.

(8) That the Contractor(s) shall make atleast three metres wide passage to the mine and shall maintain it in good condition.

(9) That the Contractor(s) shall not employ any person below the age of 18.

(10) That the Contractor(s) shall maintain record of employment of labour, production and use of explosives etc. and such other record, as may be specified by the Mining Officer concerned.

(11) That in the event of the cancellation of this indenture under any terms and conditions of this contract, the Government hereby expressly reserve the right of re-auction or re-tendering of the quarry.

(12) That the Contractor(s) holds/hold himself/themselves responsible for due observance, by himself or by his agents and servants of the terms and conditions of this indenture.

(13) That the Contractor(s) will not be allowed to remove from the quarry site nor export the slates/minor minerals extracted from the quarry until he has paid the contract money in time as laid down in clause (1) of Part-II of this addendum

(14) It is further agreed that this indenture is for the performance of acts in which the public are interested within the meaning of section 74 of the Indian Contract Act, 1872.

(15) ASSIGN, SUBLET OR TRANSFER OF THE CONTRACT The Contractor(s) shall not assign, sublet or transfer the contract to any person without obtaining prior permission in writing from the Government.

(16) FENCING OF WORKING PLACE If the working place is found to be unsafe all persons shall be withdraw by the Contractor(s) immediately from the dangerous area and all access to such working place except for the purpose of removing the danger or saving life shall be prevented by securely fencing the full width of all entrances to the place, at his/their own cost. The Contractor(s) and not the Government shall be liable to pay any compensation to the labour employed by the Contractor on contracted works under the Workman‟s Compensation Act,

1923.

(17) TO KEEP GOVERNMENT INDEMNIFIED FROM THIRD PARTY CLAIMS The Contractor(s) shall keep the Government indemnified from any third party claim and shall settle such claim at his/their own accord.

(18) PAYMENT OF COMPENSATION TO LAND OWNERS The Contractor(s) shall pay compensation of damage to the owner of the land wherefrom the minor minerals will be extracted/quarried, at the rate fixed by the Collector under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(30 of 2013).

(19) FELLING OF TREES The Contractor(s) shall not fell or cut any tree, standing on the land wherein the quarry is located without obtaining prior permission in writing from the Competent Authority in respect of those tree(s).

(20) NOT TO CARRY ON SURFACE OPERATIONS IN PROHIBITED AREAS The Contractor(s) shall not carry on surface operations in any area, prohibited by any Authority, without obtaining prior permission in writing from the concerned Authority.

(21) RESTRICTION ON MECHANICAL EXCAVATION IN RIVER OR STREAM BEDS The mechanical mining in river/stream bed shall be undertaken only with the help of tyre mounted front end loader upto 80 Horse Power without backhoe with the permission of the Competent Authority i.e. Director of Industries.

(22) NOT TO ENTER AND WORK IN RESERVED AND PROTECTED FOREST AREAS The Contractor(s) shall not enter and work in any forest land without obtaining prior permission in writing from the Competent Authority.

(23) APPLICATION OF ALL LAWS, RULES AND REGULATIONS TO THIS CONTRACT This contract is subject to all laws, rules and regulations which may from time to time be issued by the government regulating the work of mines and other matters affecting the safety, health and convenience of contractor(s) employees or of the public, whether under the Indian Mines Act or otherwise.

(24) TO REPORT ACCIDENT The Contractor(s) shall without delay send to the collector concerned and the Mining officer a report of any accident, causing loss of life or serious bodily injuries or seriously affecting or endangering life or property which may at any time occur at or in the said lands in the course of operations under this contract.

(25) TO SUBMIT REPORTS AND RETURNS The contractor(s) shall furnish such reports and returns relating to production and other matters in Form-„G‟ appended to the said rules.

(26) PENALTY FOR DEFAULT That in the event of breach of any of the terms or conditions of this contract by the Contractor(s) or servants, the contractor(s) in all these cases, shall be liable to pay a penalty as per the provisions of the said rules.

(27) In case of default in the due observance of the terms and conditions of the contract or in the payment of the contract money on the due date, the contract may be terminated by the Government or by any officer authorized by the Government in this behalf by giving one month‟s notice, with forfeiture of security deposit as also the installment, paid in advance, if any.

(28) TERMINATION OF THE CONTRACT BY STATE GOVERNMENT IN PUBLIC INTEREST Where the State Government is of the opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, prevention of pollution or to avoid danger to public health or communication or to ensure safety of building, monuments or other structures or for such other purposes, as the State Government may deem fit, it may, by an order, in respect of any minor mineral, make premature termination of mining lease with respect to the area or any part thereof covered by such contract:

Provided that in the State of National emergency or war the contract may be terminated without giving such notice.

(29) SECURITY DEPOSIT The security deposited by the Contractor(s) shall be in the shape of fixed deposit receipt duly pledged in the name of a Competent Authority.

(30) DELIVERY OF THE POSSESSION OF THE MINE IN WORKABLE CONDITION The Contractor(s) shall deliver the possession of the mine to the Mining Officer in a workable condition. In case he/they fill it with debris the debris shall be cleared at the cost of the contractor(s) and the amount so spent, shall be deducted from his/their security deposit.

(31) STATE GOVERNMENT NOT RESPONSIBLE FOR LOSS TO THE CONTRACTOR(S) The Government shall not be responsible for any kind of loss to the contractor(s).

(32) STAMP DUTY AND REGISTRATION CHARGES The stamp duty or registration charges, if any, on this indenture shall be borne by the Contractor.

IN WITNESS WHERE OF Shri ____________ Son of _________________ caste _______________of Village _____________________Tehsil __________District ___________ Himachal Pradesh (Contractor) AND _____________ to the Himachal Pradesh Government for and on behalf of the Governor of Himachal Pradesh have signed these presents in token of acceptance of terms thereof on the day and the year first written above.

(When the Contractor is a registered firm) IN WITNESS WHERE OF Shri _______________ Son of __________________ caste ____________ Village __________________ Tehsil __________ District ______________ a partner of, and acting for and on behalf of the firm carrying on business in partnership under the Firm and style of _________________ (Name of firm) registered under the Indian Partnership Act, 1932, AND _____________________ to the Himachal Pradesh Government ______________ Department for and on behalf of the Governor of Himachal Pradesh and acting under his authority, have signed these presents, in token of acceptance of terms thereof on the day and the year written above.

(When the Contractor is a registered company) IN WITNESS WHERE OF Shri ___________ son of _________________ Caste ______________ Village______________________________ Tehsil _________ District _____________ ___________________ for and on behalf of the Company registered under the name and style of ________________________ and duly authorized in this behalf or under 83 the statute incorporating the said Company, AND _______________________ to the Himachal Pradesh Government ____________________ Department, acting for and on behalf of the Governor of Himachal Pradesh, have signed these presents in token of terms thereof on the day the year first written above.

Signed by For and on behalf of the Governor of Himachal Pradesh.

Address………………………….

…………………………..

Witness (1)……………………… Address………………….

Witness (2) ……………………...

Address………………….

…………………………...

(Contractor) For and on behalf of …………………………...

…………………………...

(Name of the firm or Company Address……………………… ……………………………….

……………………………….

84 FORM-„L‟ [See rule 30] FORM FOR PERMITS No. ____________ Dated:

Whereas Sh. _____________________, S/o Sh. _______________, Village ______________________, P.O. _______________, Tehsil __________, District __________________, H.P. has/have applied for a permit for excavation and removal of ____________ M.T. of ________________ from khasra number _________________ Mauza______________ Tehsil _________ District ____________measuring an area ________ Hect./Bighas under Rule 29 of Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 paid an application fee (________) and have also paid royalty in advance amounting to Rs. ___________ and security of Rs. ______________ . The permission is hereby granted for removal of ________ of ___________ M.T. from the aforesaid khasra number and area subject to the conditions given below:

The permit shall be valid upto __________________________.

Copy to:

(i) State Geologist, H.P. Shimla-2.

(ii) Shri _____________________ Director or authorized officer Department of Industries, Himachal Pradesh _________________________ CONDITIONS

1. The holder of permit shall keep the Government indemnified from any third party claim and shall settle such claim at his own, as soon as it arises.

2. The holder of the permit shall excavate the minor mineral in such a manner as not to disturb or damage any road, public ways, buildings, premises of public grounds.

3. The holder of the permit shall on expiry of the permit either fill up the excavation or suitably fence it for safety as instructed by the Director or Mining Officer concerned.

4. The holder of the permit shall pay in advance compensation of damage to the owner of the land where from the minor minerals will be extracted/quarried at the rate, fixed by the Collector under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(30 of 2013).

5. The holder of the permit shall not fell any tree without obtaining prior permission in writing from the Competent Authority in respect of forest areas as well from other areas.

6. The permit holder shall not carry on surface operation in any area prohibited by any authority, without obtaining prior permission in writing from the concerned authority.

7. The permit holder shall report immediately all accidents to the Deputy Commissioner and Mining Officer, concerned.

8. The depth of mining in the river bed shall not exceed one metre or water level whichever is less:

Provided that where the Joint Inspection Committee certifies about excessive deposition or over accumulation of minerals in certain reaches requiring channelization, it can go upto two meters on defined reaches of the river.

9. On expiry or sooner cancellation of the permit, the quarries, materials lying on the end from which they are extracted, shall become the absolute property of the Government.

10. In case of default, the security deposited by him, shall stand forfeited to the Government.

11. The mechanical mining in river/stream bed shall be undertaken only with the help of tyre mounted front end loader upto 80 Horse Power without backhoe with the permission of the Competent Authority i.e. Director of Industries.

12. Any Other condition, imposed by the granting authority.

86 FORM-„M‟ [see rule 35] FORM FOR THE MINING PLAN INTRODUCTION

1. General:

1.1. Name and address of the applicant:- Name of the applicant ……………………………………..

Address of the applicant …………………………………..

P.O……………………………………..

Tehsil ………………………………… District………………………………… Pin……………..

Phone ……………… Email…………………

1.2. Status of the applicant (Private individual/Private Company or any other):

1.3. Minerals which applicant intends to mine:

1.4. Period for which mining lease/ contract is granted Reference of Letter of Intent (photocopy to be annexed).

1.5. Name and address of the Registered Qualified Person (herein after referred to as („RQP‟) preparing Mining Plan:

Address of the RQP…………………….

Name…………………..

Village………………….

P. O……………………..

Tehsil…………………… District…………………… Pin………..

Phone………….

E-mail…………..

Registration No. of RQP ………………..

Valid upto ……………………..

1.6. Name and address of the prospecting agency……………………….

Name………………………… Village………………………..

P. O…………………………..

Tehsil………………………… District………………………… Pin…………..

Phone…………… Email……………

2. Location and approach of the area (Location Map to be annexed).

2.1. Toposheet Number, Latitude and longitude of the area……………………….

Location map of the area

2.2. Location details of the area

2.2.a Detail of the area, Revenue record to be appended in the following format:- 87 Sr.

No.

Detail of Area Khasra number Area Owner Kism Mauza Panchayat 1 2 Address Details Village……………………………..

Patwar Circle……………………….

P.O…………………………………..

Tehsil………………………………… District…………………………………

1.3. Sub- Division Office (Civil)………………………………… Sub Division Office (Forest)………………Range office ………….

Sub Division Office (IPH)……………………… Sub Division Office (PWD) …………………….

2.4. Distance from Important places in Kms.

2.5. Approach of the area…………………………………………………

3. Physiographical aspect of the area

3.1. General:

3.2. Altitude: General terrain description, with map and contours encompassing the mine area.

3.3. Climate of the area:

3.4. Rainfall of the area:

3.5. Any other important physical feature:

3.6. Description of Mining Area.

PART-1 DESCRIPTION OF GEOMORPHOLOGY AND MINE DEVELOPMENT A. In case of River Bed Mining:- (Mining Plan must be prepared in accordance to the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015, Metaliferous Mines Regulation 1961 and other guidelines issued from time to time).

(1) Description of the River/Stream bed on which the mine is situated

1.1 General:

1.2 Name of river/stream in which the mine is situated:

1.3 Drainage system:

1.4 Type of drainage:

1.5 Origin of river/stream:

1.6 Altitude at origin:

1.7 Geometry of the catchment of the river impacting the replenishment of deposits.

Total area of catchment, Area of catchment up to the mining site.

Profile of the river bed from origin to confluence.

Profile of the river bed up to the mining site.

Angle of slope of river bed near the mining site.

Cycle of erosion at mining site (Youthful, mature or old).

88 Width of river at the place of mining:

1.8. The annual deposition on river/stream bed:

1.9. The competency of river/stream at the mining site (i.e the weight of largest fragment which is transported by stream) (Attach a map showing boundaries of the mine, adjoining area, point of public utility in the area/nearby (village footpath, road, school, residential house, hospital, cattle shed, charitable building, water channel, cemetery/cremation ground, place of worship etc., any activity of the forest department in the area such as soil conservation works, nursery plantations check dams, taming of nallas/stream etc type of road viz National Highway, State highway, link road, village road, any bridge any water supply scheme such as water supply tank, water supply bore well, Irrigation canal, water supply scheme gallery etc. boundary of nearby mine area, if any, the area susceptible to erosion and any other important feature).

1.10 Meandering pattern of the river near mining site, including:- The level of High Flood Level:

The level of Low Flood Level:

The thread of deepest water in the meandering:

1.11 Altitude of mining area (Give the highest and lowest contour levels).

1.12 Description of Ground water table in the mining area, before and post monsoon.

(2) Geology:

2.1. The Geology of the catchment area:

2.2. Local Geology of the area:

2.3. The nature of boulders, cobbles, Sand etc.:

2.4. The nature of rocks of the bank and their attitude:

2.5. Description of annual deposition with respect to geology of catchment area and other factors.

(3) Reserves Estimate

3.1 Percentage wise distribution of stone, bajri (Gravel) and sand etc. in the mining area.

(A geological map of the area with appropriate scale of mapping, showing position of pitting, trenching etc. to be annexed)

3.2 Estimate of geological reserves of each mineral i.e. Sand,Stone, and River borne bajri (Gravel):

3.3 Estimate of mine able reserves of Sand, Stone, and River borne bajri (Gravel) in the lease area.

3.4 Estimated annual deposition of the mineral Sand, Stone and River borne bajri (Gravel) in the river bed: to show that the annual replenishment of sand and associated minerals in the mining lease area is sufficient to sustain the mining operation at level as planned for progressive mining for five years period.

(4) Mine Development and plan of progressive mining:

Brief description of working method, development of mine (manual, semimechanical, mechanical)

4.1 Development and production program for the first five years including precaution to 89 be observed to prevent haphazard excavation, over exploitation, scattering of waste, if any:

4.2 Year wise production; with details of saleable/useable minerals, mine waste and removal of soil cover, to be given with charts and graphs.

(Year wise plans of excavation to be annexed)

4.3 End use of Mineral. Year wise details of consumption of material for captive crusher and for free sale.

4.4 Details of road transportation of minerals to industrial unit and market. Give details of adequacy of road infrastructure.

B. In case of Hill Slope Mining:- (Mining Plan must be prepared in accordance to the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015, Metaliferous Mines Regulation 1961 and other guidelines issued from time to time).

(1) Description of the area in which the mine is situated

1.1 General:

1.2 Slope angle: Description of ridges & valleys

1.3 Type of drainage in the area, if any: and description of drainage of the area (Details of river/stream in the area),if any:

1.4 Susceptibility of area to land slide, if any:

1.5 Springs in the area if any:

1.6 Any other details:

(Attach a map showing boundaries of the mine, adjoining area, point of public utility in the area/nearby (village footpath, road, school, residential house, hospital, cattle shed, charitable building, water channel, cemetery/crimination ground, place of worship etc., any activity of the forest department in the area such as soil conservation works, nursery plantation, check dams, taming of nallas/stream etc., type of road viz National Highway, State highway, link road, village road, any bridge any water supply scheme such as water supply tank, water supply bore well, Irrigation canal, water supply scheme gallery etc., boundary of nearby lease area, if any, the area susceptible to erosion and any other important information).

(2) Geology:

2.1 The Regional Geology of the area:

2.2 The Local Geology of the area:

2.3 Details of prospecting work undertaken in the mining area.

2.4 The nature of rocks and their attitude.

The description of characteristic and attitude of the rock (Give dip, strike, joint pattern, hardness, specific gravity etc. of the rock:

A geological map of the area with appropriate scale of mapping, showing pitting,trenching etc. to be annexed)

(3) Reserves:

3.1 Estimates of geological reserve of each mineral along with grade under proved, probable and possible category and mineable reserve by standard method of estimation supported by analytical reports:

3.2 Constraining considerations for mining, (Public roads, adjoining private land, forest, landslide prone area, electric poles or other points of public utility) and precautions proposed for their safety.

3.3 Estimated mineable deposits of the mine area.

3.4 Conceptual Scheme of Mining and life of mine.

(4) Mine Development and plan of progressive mining:

Brief description of working method of mine process (manual, semi-mechanical, mechanical and/or if blasting to be resorted to)

4.1 Briefly describe /existing/proposed method of development/working of the depositwith all parameters/considerations.

4.2 Development and production programme for the first five years including precaution to be observed to prevent haphazard excavation, over exploitation, scattering of waste scree, if any:

4.3 Year-wise production, overburden, run of mine, saleable mineral, mineral rejects/ mine waste details to be given with charts and graphs.

(Year wise plans of excavation to be annexed)

4.4 Indicate proposed rate of production when mine is fully developed and the expected life of the mine after its opening.

4.5 Balance material available in the area after five years of progressive mining and estimated year of mine closure.

4.6 Describe briefly the salient feature of mode of working (Manual, semi mechanical, mechanical and use of explosives).

4.7 Extent of mechanization: Describe with details the type of machinery/ equipment to be used.

4.8 Blasting: Describe broad parameters like charge per hole, blasting pattern, charge per delay, manner and sequence of firing, type of explosive to be used, storage capacity for explosives, type of magazine etc.

4.9 Mine drainage: Likely depth of water table, working expected to be above/below the water table, surface water drainage in the area, management of ground/surface water drains.

4.10 Waste Management: Indicate briefly the nature and quantity of top soil, overburden, mine waste/ mine rejects likely to be generated during the planned period of five years with details of dumping sites.

4.11 Describe the end use of minerals: Captive consumption, free sale to intermediatory/consumers etc.

4.12 Details of density of road transportation of minerals to industrial unit and market.

Give details of adequacy of road infrastructure.

C. In case of Brick earth mining:

(1) Geology

1.1 The Local Geology of the area:

(A geological map of the area with appropriate scale of mapping, showing pitting, trenching etc. to be annexed) 91

(2) Reserves:

2.1 Estimates of geological reserve of each mineral along with grade under proved & probable

2.2 Estimated mineable deposits of the mining area.

2.3 Conceptual Scheme of Mining and life of mine.

(3) Mine Development and Plan of Progressive Mining Brief description of working method development of mine

4.2 Year wise production, run of mine plan with details of saleable/useable minerals, mine waste and removal of soil cover, to be given with charts and graphs.

4.3 End use of Mineral.

4.4 Balance material available in the area after five years progressive mining and estimated year of mine closure.

(4) Waste Disposal Plan Details of waste to be generated in five years and its method of disposal.

(5) Mine Closure and Reclamation Plan:

Describe the year wise reclamation plan, giving proposed plantation plan and other mitigation measures.

(6) Manpower Development Give average daily employment (skilled, semi-skilled and unskilled).

PART-II ENVIRONMENT MANAGEMENT

(1) Base line data (Detail of land use and social aspect of area)

1.1 Details of Population distribution

1.2 Socio-economy of the villages/population.

1.3 Land use details with five kilometers radius map.

1.4 Agriculture:

1.5 Horticulture:

1.6 Animal husbandry:

1.7 Fisheries:

1.8 Flora and fauna of the area.

1.9 Climate.

(2) Environment Management Plan:

Discuss the likely impact of mining on the environment of the area and steps to be taken for its mitigation.

2.1 Impact on air,

2.2 Impact on water (Surface as well on ground water).

2.3 Impact on noise level.

2.4 Waste disposal arrangement, if any.

2.5 Socio-economic benefits

2.6 Transportation of mined material (Discuss in detail the type of transportation to be deployed for carriage of minerals to consuming centre/centres and its impact on existing road/railway system).

PART-III Progressive Mine Closure Plan/Reclamation Plan

(1) Describe briefly the year wise reclamation and rehabilitation plan of land affected by abandoned and exhausted quarries/pits during the five years, giving detail of proposed back filling and plantation program to be marked on the relevant maps with estimated cost of reclamation.

1.1 Mine Waste Disposal:

a) Year wise generation of mine waste and soil cover.

b) Year wise disposal of waste and soil cover.

c) Cost of the mine waste disposal scheme.

1.2 Describe briefly the arrangements made for top soil utilization, if any, waste disposal along with their respective quantity likely to be generated for the five years indicating location on the maps.

1.3. Preventive Check dams (Wherever necessary) a) Year wise details of check dams to be constructed.

b) Year wise cost of construction of check dams.

1.4 Plantation work (Description with location map) a) Year wise area to be covered under forestation.

b) Year wise number of trees (Give the name of species) to be planted.

c) Year wise cost of plantation work.

d) Year wise survival rate.

(2) Strategy for protection of Point of public utility etc.(If any).

Describe briefly the strategy for protection of point of public utility in the mining and its adjoining areas such as village footpath, road, school, residential house, hospital, cattle shed, charitable building, water channel cemetery/crimination ground, place of worship including any activity of the forest department in the area such as soil conservation works, nursery plantation, check dams/walls, taming of nallas/stream etc., type of road viz.

National Highway, State Highway, link road, village road, any bridge, any water supply scheme such as water supply tank, water supply bore well, Irrigation canal, water supply scheme, gallery etc., boundary of nearby lease area, if any, the area susceptible to erosion and any other important features which shall be marked on the relevant maps.

(3) Manpower Development Give average daily employment (skilled, semi-skilled and unskilled).

(4) Use of Mineral Describe the utilization of mineral and the type of downstream industry.

(5) Any other relevant information 93

PART-IV Certificate Certified that the provisions of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 Matliferous Mines Regulation 1961 and other guidelines issued from time to time in this regard have been complied for the preparation of Mining Plan for (name of Mineral), mine falling in Khasra Nos. ___________ measuring __________ Hectares/Bighas, Mauza _______ Tahsil ____________ District ____________ of M/s ____________________;

While preparing the mining plan including progressive mine closer plan all statutory rules, regulation, orders made by competent authorities of the State or Central Government or orders passed by Courts have been taken into consideration.

The information provided and the data furnished in this Mining Plan is correct to the best of my knowledge.

Signature of H.P. RQP Date Registration No.

Place Address of the H.P. RQP Declaration This is to declare that the Mining Plan including Progressive Mine Closure Plan of mine of (name of Mineral/Minerals) situated in Khasra Nos. ________________ Measuring ____________ Hectare/Bighas/ Kanal/Mauza __________Tehsil ____________District ______________H.P. has been prepared with my consent and approval and that we/I shall abide by all commitment thereunder.

“The Mining Plan and „Progressive Mine Closure Plan‟ complies all statutory rules, regulations, orders made by competent authorities of State or Central Government or orders passed by courts have been taken into consideration and wherever specific permission is required, shall be obtained.

We undertake to implement all the measures proposed in this Mining Plan and Progressive Mine Closure Plan‟ in a time bound manner.

We have deposited a sum of Rs…………………. with the competent authority of the State Government in form of Fixed Deposit Receipt as financial assurance of the same.

In case of default on my/our part, the approval of Mining Plan may be withdrawn and the aforesaid sum assured may be forfeited.

Date: Signature of the Applicant.

Place: Name and address.

94 FORM-„N‟ [See rule 63] CERTIFICATE OF ARREARS OF LAND REVENUE In exercise of the powers conferred by rule 63 of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015, I _________________ hereby certify that a sum of Rs.

_________________________________________ is recoverable as Arrears of Land Revenue from Sh./M/s ________________________, R/o _________ ___________________________on account of the following in respect of lease or contract or permit or other sum dues from minor mineral, namely ___________.

i) Royalty/dead rent ii) Surface rent iii) Contract money iv) Other sum dues Total ____________ Place: __________ Signature of Issuing Date: __________ Authority with designation 95 FORM-„O‟ [See rule 68(2)] APPLICATION FOR JOINT INSPECTION OF STONE CRUSHER SITE To The State Geologist Himachal Pradesh Shimla – 171001 1 Name of the Applicant 2 Address of the applicant / firm Pin code ………………..

3 Place of Registration of Firm 4 Nationality of Applicant 5 Telephone No Office Residence 6 Particulars of the fee deposited Rs. 2500/- Treasury Challan/ receipt( T.R.-5) No No…………………….

Date………………… Deposited at …………………………… …………… H.P.

7 The Name of the Minor Mineral to be crushed 8 The detail of the area where stone crusher is to be installed Khasra number Ownership Kism Area Mauza Gram Panchyat Tehsil & District 9 If applying for lease, the particular of the Kh. No Ownership Kism 96 area applied for Area Mauza Gram Panchayat Tehsil & District Date of application Distance of Crusher site form the lease 10 In case of other source, the detail thereof 11 Any other information which the applicant wants to furnish Date Signature 97 FORM-„P‟ [See rule 68(4)] Provisional Registration Department of Industries Office of State Geologist Shimla-1 -…- Whereas Shri/Ms ________________________________ Owner of ___________________________________ Crusher/(to be established) has/have applied for installation of Stone Crusher in khasra number _____________________ Mauza ___________________________ measuring _____________________ Gram Panchayat _____________ P.O. ____________ Tehsil ________________ District ______________________.

The Provisional registration is hereby granted to Shri/Ms ____________ Subject to the following conditions:-

1. The Consent to Establish from the Himachal Pradesh State Pollution Control Board (HPSPCB) shall obtain before installation of stone crusher unit.

2. The applicant shall operate his stone crusher unit only after obtaining the COP from HP State Pollution Control Board and Permanent Registration from Geological Wing Department of Industries.

3. Based on mineral potential determined in approved Mining Plan, the stone crusher owner shall install the crusher machinery accordingly.

Date of Issue: …………….. State Geologist Himachal Pradesh 98 FORM-„Q‟ [See rule 69(1)] APPLICATION FOR GRANT/RENEWAL OF PERMANENT REGISTRATION OF STONE CRUSHER To The State Geologist Himachal Pradesh Shimla – 171001 1 Name of the Applicant 2 Address of the applicant/firm Pin code ………………..

Date………………… Deposited at ……………………………………… … H.P.

7 The Name of the Minor Mineral to be crushed 8 The detail of the area where crusher is installed.

Kh. No Ownership Kism Area Mauza Gram Panchyat Tehsil & District Date of installation 99 9 The detail of machinery installed viz number of Jaws/Roller, Sets & combination of Jaw cum Roller etc.

10 Total investment on land, building and machinery 11 Total number of worker to be employed.

Skilled …………….

Unskilled ……………….

12 The approximate annual Production of Minerals in Stone Crusher 13 The source of Mineral a) Mining lease b) Other sources

(a) The particular of lease Kh. No Ownership Kism Area Mauza Gram Panchyat Tehsil & District Date of execution Period of lease Distance of Crusher site from the lease area

(b) Detail of other source 14 The detail of First Aid facility at stone crusher 15 The detail of steps to be taken for ensuring compliance of the Water ( Prevention and Control of Pollution) Act , 1974, the Air (Prevention and Control of Pollution) Act, 1981 and The Environmental Protection Act, 1986 and the rules and notification framed or issued thereunder.

16 Source of Water Supply 100 17 Detail of consents Date of Consent to Establish Date of Consent to Operate Date of Renewal of Consent 18 Any other information which the applicant wants to furnish Date: Signature of the Applicant.

101 FORM-„R‟ [See rule 69(1)] Permanent Registration Department of Industries Office of the State Geologist Shimla-171001 Whereas Shri/Ms __________________________ Owner __________________ of ______________________________crusher has/have applied for the Permanent Registration of Stone Crusher installed in Khasra number _________________ Mauza _____________ measuring ____________, Gram Panchayat ____________ P.O. _________ Tehsil _____________ District ______________ vide application Dated _______ .

The Permanent Registration is hereby granted to Shri/ M/s _____________ subject to the following conditions:-

1. The owner of the stone crusher shall observe the provisions of;

i) The Air (Prevention and Control of Pollution) Act, 1981 and rules framed thereunder.

ii) The Water (Prevention and Control of Pollution) Act 1974 and rules framed thereunder.

iii) The Environment (Protection) Act, 1986 and rules framed thereunder.

iv) The Noise Pollution (Regulation and Control) Rules 2000.

2. The expansion of a stone crusher shall not be allowed unless approved by Geological Wing, Department of Industries, Himachal Pradesh.

3. The stone crusher owner shall ensure that the, emission standards are as per the Statutes as notified by the Government vide Notification No. STE-E(3)-17/2012 dated 29.05.2014 or amended from time to time are adhered to.

4. The stone crusher owner shall adopt pollution control measures as per Government Notification No. STE-E(3)-17/2012 dated 29.05.2014 or as amended from time to time.

5. The stone crusher owner shall submit a return by 10th of every month to the concerned Mining Officer, giving details of total quantity of minerals crushed, electricity consumed, power generated in case of captive power generated run crusher, fuel consumption in case of diesel run crusher, number of labour employed and wages paid etc. .

6. Free access shall be given to the officer/official of the Geological Wing, Department of Industries, H.P. for the verification of plant & machinery, source/supply of raw material, sale record and stocks of raw material and finished goods.

7. The stone crusher Owner shall immediately report to the Deputy Commissioner and Mining officer of the district concerned about any accident which may take place during the course of crushing operation resulting in serious bodily injury.

102

8. The stone crusher Owner shall not pay wages less than the minimum wages prescribed by the Central or State Government from time to time under the Minimum Wages Act, 1948, to the workers employed in the crushing unit.

9. The stone crusher Owner shall indemnify the State Government against the claim of the third party.

10. The owner of the Stone Crusher shall apply for the renewal atleast three months before the expiry of the registration in „Form-Q‟.

The registration is valid upto _______________.

Date of Issue ________ State Geologist Himachal Pradesh 103 FORM-„S‟ [See rule 74(1) & 76(3)] APPLICATION FOR REGISTRATION AS A DEALER

1. Name of applicant …………………………………………… (In case of firm give names & address of partners and person holding power of attorney to act on behalf of Firm)

2. Father‟s Name …………………………………………………………………….

3. Profession………………………………………………………………………… Address – Correspondence…………………………………………………… Pin …………………… Mobile No. ………………… Permanent Address …………………………………………………………… …………………Pin…………..Phone …………………….

4. Place of business…………………………………………………………………...

5. Specific purpose for which registration is applied for Processing/Sorting/Selling/Trading) ……………………….

6. Name of Mineral/Ore for which registration is required………………………

7. Detail of application fee and payment receipt…………………………………

8. Period for which registration is required………………………………………

9. In case of renewal the number & date of original registration…………………………………………………………………………

10. Any special ground for grant of registration in favour of applicant……………………………………………………………………… DECLARATION:

I/We hereby declare that I/we have read and understood all the provisions of Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 and conditions of the registration made thereunder and I agree to abide by the same.

Date of Application:

Place: Signature of Applicant Photograph 104 FORM-T [See rule-74(3)] ACKNOWLEDGEMENT OF APPLICATION FOR REGISTRATION AS A DEALER Received __________________________________ application for grant of registration for processing /Sorting/Selling/Trading _______________ (Name of Mineral/Ore) from Shri/Smt. __________________________________ _____________________________ Resident of ___________________________ Post Office __________________ Tehsil ________________ District __________ Himachal Pradesh With the following enclosures:

(1)

(2)

(3)

(4)

(5)

(6) Signature of the official of the office of the Mining Officer Date : _____________________ 105 FORM-„U‟ [See rule 76(1)] REGISTER OF APPLICATIONS FOR DEALER Sr.

No.

Date of receipt of application Name of applicant Address of applicant Name of Mineral/ Ore Place of Processing/ Sorting/ Selling/ Trading Date of grant/ refusal of registration Date of appeal if any

(1) (2) (3) (4) (5) (6) (7) (8) Date of disposal of appeal Brief orders on appeal Date of expiry of registration , if granted Period of grant/renewal Remarks

(9) (10) (11) (12) (13) 106 FORM-„V‟ [See rule 76(2)] REGISTRATION OF DEALER

1. Name of the dealer (in full)…………………………………………… (in case of firm names and address of partner and persons holding power of attorney to act on behalf of the firm)

2. Father‟s Name ……………………………………………………………………

3. Address…………………………………………………………………………….

………………………….Pin………………………. Mobile No. …………

4. Profession of the dealer…………………………………………………………….

5. Specific place or places of business………………………………………………

6. Specific purpose for which registration is granted …………………………… ………………………………………………..

7. Name of Mineral/Ore covered under the registration ……………………………...

8. Challan number showing payment of application fee ………………………………………………………………………………..

9. Particulars of security deposit ……………………………………………………..

……………………………………………………..

10. Period of registration………………………………………………………………..

11. If it is a case of renewal, the number and date of grant of the original registration…………………………………………………………………………

12. Number and date of application for registration………………………………………………………………………….

13. Registration valid upto…………………………………………………………… Date of issue____________ Signature and Seal of the Mining Officer Photograph 107 FORM-„W‟ IN TRIPLICATE TRANSIT PASS [See rule 77(iii) & 79 (2)] DEPARTMENT OF INDUSTRIES (GEOLOGICAL WING) Himachal Pradesh Sr. No. Seal & Signature of Issuing Authority Date of Issue _______________ Date of Expiry _____________

1. Name of Contractor/Lessee/ Permit/Permission holder _______________________

2. Name and Location of Mine ________________________

3. Place where Mineral is being sent ___________________________

4. Name of person/party to whom Mineral is, being dispatched _______________________________

5. Name of Mineral ______________________________

6. Volume/quantity of Mineral ____________________________

7. Mode of Transport _________________ Vehicle No. ________________

8. Name of owner of Vehicle _______________________

9. Name of Driver _______________________

10. Page No. of the Production Register at which Transit Pass (Form-„W‟) has been entered _____________________

11. Date of Dispatch __________________

12. Time of Dispatch ___________________ Signature of the Driver Signature of the Mine Owner/Manager Terms and Conditions:

1. All columns of Form-„W‟ should be properly filled in especially serial number 11 and 12 pertaining to date and time of Issuance of Form-„W‟ from Mining site.

2. This Form „W‟ is valid for one trip only.

108

3. This Form „W‟ is valid only if it has the seal and signature of the issuing authority.

4. Any person found to have contravened the above shall, on conviction, be punishable with imprisonment of either description for term which may extend upto two years or with fine which may extend upto 25,000/- rupees or both.

5. Under Rule 21(4) of Mines and Minerals (Development & Regulation) Act, 1957, any type of vehicle, involved in carrying/transporting the material without Form „W‟ shall be seized and such vehicle shall be impounded and material shall be auctioned.

109 FORM-„X‟ [See rule 77(iii) & 79(2)] DEPARTMENT OF INDUSTRIES (GEOLOGICAL WING) Himachal Pradesh SUPPLEMENTARY TRANSIT PASS (In Triplicate) Sr. No. Seal & Signature of Issuing Authority Date of Issue _______________ Date of Expiry _____________

1. Name of Contractor/Lessee/ Permit/Permission holder _______________________

2. Name and Location of the stone crusher/ ________________________ Stockyard

3. Name and Quantity of finished Product to be transported _______________________________

2. Place where finished product of Mineral is being sent ____________________________

3. Mode of Transport _________________ Vehicle No. ________________

4. Name and address of owner of Vehicle _______________________

5. Name and address of Driver _______________________

6. Weight/volume of finished product _____________________________

7. Page No. of the dispatch register at which Supplementary Transit Pass Form-„X‟ has been entered ________________

8. Date and time of Dispatch __________________ Signature of Driver Signature of the Stone Crusher Owner/ Manager Terms and Conditions:

1. All columns of Supplementary Transit Pass Form-„X‟ should be properly filled in especially serial number 8 pertaining to date and time of Issuance of Supplementary Transit Pass Form-„X‟ from Stone Crusher site.

2. This Supplementary Transit Pass Form-„X‟ is valid for one trip only.

3. This Supplementary Transit Pass Form-„X‟ is valid only if it has the seal and signature of the issuing authority.

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5. Under Rule 21(4) of Mines and Minerals (Development & Regulation) Act, 1957, any type of vehicle, involved in carrying/transporting the material without Supplementary Transit Pass Form-„X‟ shall be seized and such vehicle shall be impounded and material shall be auctioned.

111 FORM-Y [See rule 77(iv)] MONTHLY RETURN OF MINERAL/ORE PURCHASED AND SOLD BY THE DELEAR

1. Name & address of the Dealer …………………………………………………………

2. Registration no of the dealer ……………………………………………….

3. Opening Stock(Mineral-wise)1……………………………………….MT 2……………………………………….MT 3……………………………………….MT Sr.

No.

Name and address of person/firm from whom mineral is purchased.

Total quantity of Mineral Purchase Nos. of Transit Pass Name of mineral/ore

4. Total Purchase of the month (Mineral-wise)1………………MT 2………………MT 3……………….MT

5. Total Sell in the Month (Mineral-wise)1………………MT 2………………MT 3……………….MT Closing Stock [Opening Stock + Total Purchase – Total Sell](Mineral-wise).

1………………MT 2………………MT 3……………….MT Date…………….. Signature of the Dealer 112 FORM-Z [See rule 80(5)] LIST OF SEIZED MINERAL/ORE

1. Name of the officer seizing the property …………………………………………

2. Designation and address of the officer……………………………………………

3. Details of property seized –

(a) Place of seizure with date and time………………………………………………………………..

(b) Description of each property……………………………………………………………………………………… …………………………………………………………………

4. Rule under which property is seized……………………………………………….

5. Name and Address of person from whom the property is seized …………….

………………………………………………………………………………………… …………………………………………………………………………

6. Name and Address of any other claimant for the seized property…………………………………………………………………………… …………………………………………………………………………………….

7. Name and Address of person under whose custody the seized property has been kept…………………………………… …………………………………………………………………………………….

8. Signature of the custodian. …………………………………………………..

9. Approximate value of the seized property……………………………………

10. Remarks……………………………………………………………………………………………… ………………………………………………………………………

11. Name and address of the witnesses with their signatures :

(i)……………………………………………………………………………………………………… …………………………………………………………………

(ii)……………………………………………………………………………………………………… ………………………………………………………………..

Date :

Signature of Officer seizing the property with designation and address.

By Order Principal Secretary (Inds.) to the Government of Himachal Pradesh Endorsement 113 1[FORM-ZA] [See rule 71(A)] NOTICE FOR VIOLATION

1. Name and address of Lessee/Stone Crusher …………………………………………… ………………………………………………………………………………………………..

……………………………………………………………………………………………….

2. Location of Mine/Stone Crusher …………………………………….....................................

3. Nature of violation observed: - ……………………………………………………..…

(i) ………………………………………………………………………………………………

(ii) …………………………………………………………………………………………….…

(iii) ..………………………………………………………………………………………………

(iv) ………………………………………………………………………………………………

4. In this connection, it is brought to your notice that the above violations constitute an offence punishable under Rule 71 and 71 A of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015.

5. You are directed to suspend the working of mining lease/stone crusher immediately and intimate the position to the office of undersigned in writing.

Date:

Signature of Mining Officer District ________________ By Order Principal Secretary (Inds.) to the Government of Himachal Pradesh __________

1. Inserted by Amendment Rules, 2017 vide Notification No. Ind-II(F)6-14/2014-Vol-I dated 04.05.2017.

Section 85: Repeal and Saving

Where this provision sits

Find the provision, not just read it

Act	the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015
Section	85
Marginal note	Repeal and Saving
Jurisdiction	State of Himachal Pradesh
Status	In force as published by the source