(1) On and from the date of commencement of these rules, all mining leases shall be granted for the period of fifty years:
Provided that period of mining leases for mineral bajri 1[except in paleo-channel sand deposit of Bikaner district] shall be five years.
(2) All mining leases except for mineral bajri (river sand) granted before the commencement of these rules, shall be deemed to have been granted for a period of fifty years.
(3) Notwithstanding anything contained in sub-rule (1) and (2), the period of leases of mineral other than bajri (river sand), granted before the commencement of these rules, shall be extended and be deemed to have been extended upto a period ending on the 31st March, 2025 with effect from the date of expiry of the period of renewal/extension last made or till the completion of renewal/extension period, if any, or a period of fifty years from the date of initial grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with.
2[(3A) Notwithstanding anything contained in sub-rule (1), (2) and (3), the period of existing mining leases other than the leases of bajri (in river sand and in khatedari land except Bikaner district) may be further extended upto 31st March, 2040 subject to following conditions:-
(i) An online application for extension of mining lease period shall be submitted to the Mining Engineer or Assistant Mining Engineer concerned with a non refundable fee of rupees ten thousand;
(ii) Lessee has not carried out any illegal mining activities 4[] or the case is compounded;
(iii) The dead rent of the mining lease for extended period shall be as per Schedule III:
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1. Substituted vide Notification dated 14.03.2018 2. Inserted vide Notification dated 16.08.2022
3. Substituted vide Notification dated 03.01.2025 4. Deleted vide Notification dated 03.01.2025 12
Provided that the dead rent so calculated shall not exceed twice the existing dead rent and if exceed, shall be limited to the extent of twice of the existing dead rent;
2[(iv) Payment of premium amount at the rate of annual dead rent of the area as per clause (iii) for each year of extension or part thereof sought by the lessee in following, manner:- S.
No.
Period of extension Number of installments Payment mode 1 2 3 4 1 More than ten years Five (i) first installment along with application; and
(ii) second and subsequent installment, as the case may be, at the beginning of financial year after issuance of order of extension.
2 More than five and upto ten years Three 3 More than two and upto five years Two 4 Upto two years One ; and
(v) The application for extension of mining lease period shall be disposed by the Mining Engineer or Assistant Mining Engineer concerned.]]
(4) Period of lease may be extended equal to the period for which the mines remained closed (dies-non) due to any court order and dead rent for such period shall not be chargeable:
Provided that where lease remains closed due to any fault on the part of the lessee or where part of lease was only closed, the period shall not be extended and dead rent shall be chargeable for such period.
(5) On the expiry of the lease period, the area shall be put up for e-auction. The process of e-auction shall be started well in advance so that before the expiry of the lease period, new lease may be granted without any gap:
Provided that the lessee shall have right of first refusal at the time of e-auction held for such lease after expiry of the lease period in the following manner, namely:-
(i) to be eligible to exercise the right of first refusal, the lessee shall comply with the conditions of the mining lease, the Act and the Rules made thereunder till its expiry;
(ii) 1[]
(iii) the notice inviting bid shall specify that the lessee holding the lease prior to expiry of the mining lease has the right of first refusal 1[];
(iv) upon conclusion of the 1[] e-auction as per rule 14, the Mining Engineer or Assistant Mining Engineer concerned shall issue a notice to the lessee seeking written confirmation of his willingness to exercise the right of first refusal within a period of seven days of the conclusion of the 1[] e-auction;
(v) the notice given under clause (iv) shall be acknowledged by the lessee and who shall, within a period of fifteen days of receipt of notice, exercise the right of first refusal in writing to the Mining Engineer or Assistant Mining Engineer concerned, failing which it shall be construed that the lessee is not desirous of exercising the right of first refusal and the successful bidder shall be entitled to a mining lease in the manner provided in these rules; and
(vi) if the lessee exercise the right of first refusal and matches the highest final offer price, the lessee shall be deemed to be the successful bidder in place of the earlier successful bidder declared after the 1[] of e-auction and shall be entitled to a mining lease in the manner provided in these rules.