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Section 26: Royalties in respect of leases granted earlier

Tripura Minor Mineral Concession Rule 2014State Rules of Tripura · 1957

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(1) The holder of a mining lease granted ‘before the commencement of diese rules shall; notwithstanding anything contained in the instrument of lease or in any law in force at such commencement, pay royalty in_respect of any "minor mineral removed or consumed by him or by his agents, contractors or sub-lessee from the lease hold area after such commencement at rates for the time being notified by the State Government i in respect of that minor ‘mineral.

(2) The holder of a mining lease giated on or after the commencemerit of these rules shall pay royalty in respect of any minor mineral removed or consumed by him, or by his agent, contractor or uly lessee from the ivased area at the rate for the time being notified by the government in respect of that mineral.

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4 Tripura Gazette, Extraordinary Issue, September 22, 2014 A. D.

3. 'The State’ Government, By hisincaai? ih the official ‘gazette, may amend the -*rate of royalty payable in respect of any minor. mineral with effect, from such date as may be specified in the notification;

RI i Stas) © ER- PECL DIONE, SEG st 520 IRANSFER OF MINING LEASE 55 sir fbi ire Dasads zs 9d Of uss iii

27. Transfer of mining lease:= ;

(1) The lessee shall not, without the ‘previous consent in, writing of the mion;

nChigf Conseryatar of Forests | A IRSRNO0 ISVS 280 2lz01rt Ho

(a) assign, sublet, mortgage or in any other manner transfer the mining lease, or any right, title or interest therein, or ~~ © 7 FU i

(b) enter into or make any arrangement, contract, or- undersiunding whereby the ~ lessee will or may be. directly or indirectly financed to a substantial extent by a under which the lessee” 5 Qperations or undertakings will or ‘may be Ey OE jE pemil fo i substantially controlled by piss person or body of persons other than the lessee;

Provided that the Principal Chief Conservator of Forests shall not give his written consent unless- GQ) The “lessee has furnished an affidavit along with his application for transfer of the! mining lease specifying therein the amount that he has already taken or proposes to take as consideration from the transferee ;

(ii) The transfer of the mining lease is to be made to a person or body of pets ditolly Shing the mining operation;

(iii) "The sransferor 4 and sraiifocee bios valid i A certificate of payment of mining dues such as royalty, dead rents, surface rent, cess etc.

Wy | e . od ag authority m z I Tripura Gazette, Extraordinary Issue, September 22, 2014 A. D.

- (2) The lessee may subject to tin sub-rule (1) and with the previous ‘apptoval of the Principal Chief Conservator of Forests assign of transker his lease or any right title or interest a person of Indian nationality on payment of a fee of five hundred rupees to the State Government.

CTE RPE VEIN TO HARA = y . Tae sotpio 10 sotensy Whikeon dl application for taasher oF ¥ Hiing 16st hder (€°Z7 eth Principal Chief Conservator of Forests has given consent for transfer ‘of such lease, a transfer lease deed in From 'G! shall be executed within three months of the date of consent, or within such further period as the competent authority may allow in this behalf) Uiopherishay of desrinoe tzsmendins vis olem 10 oad ins | SR al, elias od gsi 9 3 LORE 9% £ L by 2 ¥ cringe LSg% 5 fledz atoro 1 1 moigvrasno™ Seid). ngioniy sat ods babi puso Rane FEAT dade onl dw an (EVEL g harlelsng) eng eszgal all 6) vs rarki, aerrliasge aessl, anigieadt 30 eileanst he ~L (SS i tpvuhi pris wu ada of «ore Th ne v vheatls t RT 5 His #10 THRE! VDE f tl ad ERE zr of (iE) iETonn orn mds 1h en 1 | 0 S24 i 20 ; Tripura Gazette, c, Extraordinary Issue, eptember 2 22, 2014 A, D. ; 0 i 1 _F i f ¢ —4l ; :

CHAPTER- V i thousand cubic io RR under anyone permit,~on' payment of royalty at the urte rates notified by government, Before granting such permit, the: competent authority shall satisfy. himself that the requirement of the permit is genuine and that it does not obviate the necessity of obtaining a mining lease in the area in respect of which the permit for extraction of the mineral has been applied for; if applied so. 9 i Fest pointing whesihng Se Dose \ goa] iinieg Si

(2) The competent authority may refer the issue of such permits for reasons to be recorded by him in writing. etimisg snivim 392 no 30/ Application for Mining Permits: - 7 h (1) An dnplicating for mining permit shall BE made in Foriw *M' and shall bes accompanied bys Haag Seti sii hiv Yo be ib fon 21 noblasilngs il (S) al Qa Doings 169d av

(a) A fee: of Rupees a p see uly;

(0) A valid up-to-date clas certificate of mining. dues; iE any, from the “competent authority. Belz OF aly Joba | a) fetins aul

(2) Every application ofa mining “permit shall if the land from ohich the r minor. mineral "is to be extracted is land other than Government. land, 5 accompanied by a written consent letter from the owner/occupant of such land ‘to the effect that he has no {7 28 objection to the extraction of the minerals by the applicant. 12 whiny 3) Every application for the extension of the period of the permit shall bé ii by a fee of Rupees one thousand.

Tidy Les Ne DY teed ape) mooilnom Thpuita Gazette, Estraordinary Tosue, September 29. 2014 A. D.

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(4) The area a applied for grant of mining permit t shall be in a Sots Bice! ged pei :

grit less than five hectares. m—_— fay WN eT Wiiifrh sn aE £ mia ven ruil 6) Hosea clearance from SEIAA/ SLEAC of Tripura State: Pollution C Control Board.

(6) In order to-maintain-the ecological sustainability of river beds'and the flow in a particular river: during, rainy season and to prevent damage: to: the adjoining . agricultural field / land during rainy season due to heavy rain, the Divisional Forest Officers may specifically grant permit to valid FTL holder to remove the sind / silt | from the: river beds in the ‘earmarked ‘portion of: the river, as a temporary measure, where no permit or mining / sand i in- that Jileticua portion has been sanctioned. .

31. Disposal of application for mining permits. ii rid gd bab

(1) An application for the grant of mining permit shall be disposed of by. the, competent authority with) ity days from the date of its receipt in complete shane.

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(2) If any application'is not dhsosd of within the time specified-in sub-rule (1), it shall be deemed to have been rejected and the reason has to be communicated. | . = Hoth hingeindlt Bal dssoud Tags) A {i

32. Condition on which the mi rmit shall be ISiELo 3=tlid bier A (d) )

(1) Every mining permit granted under rule 30, shall contaiia éondition that depth of the pit below the surface shall not ordinarily exceed three meters and for digging pits beyond three meters, the permit holder shall obtain the permission of the competent authority.

i Level aise § fp rei She LR TVS are SH OF BY Foes © EGUID } { A 2) Hay mining permit granted under tule 30 may “contain ‘such other conditions as the compete Suttotity gy deem necessary in regard {c to the following Logi aly: - reese brneusidl sno 2soqu do 95 syd 22 Tripura Gazette, Extraordinary Issue, September 22, 2014 A.D.

of & 10C CC isdmens? adzel (amb Hert SNSEE0 sign?

y (a) time limit, mode and place of payment gfranis and royalties;

(b) compensation for damage to the | land gee by the permit;

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(c) felling of trees in consultation “with Divisional Forest Officer in case of forest goisi vst 10) soil areas; 3 ». GOIEIvSY 01 ao ve 14

(d) restriction on surface operation in any ‘area prohibited by —— "(e) reporting of accidents: shi geatino defy adivd ud aa bangioes gowoy GST Ere LER FERC ORTRR i) indemnity to Government against claims of third parties;

® period within “which the minor mineral shall be extracted and removed and srl Bsthmad ano: eseqedt 16 2 butions delivery of | possession over lands on expiry oF: such period or on the removal of the quantity of the minor mineral for which the permit is valid: % she od sniviies to astoap sdisemiegs (b) alvn-die 1sbiau noBsoile FT EE ATT oof ® fo forfeiture 1 property | left plier cancellation of the permit;

3a £390 1:59 00s 41.0 al grin HOE 10E19¢q <i

(i) disposal of mineral in a at site after expiry of the permit. ed (J) the use of machineries will be specifically defined i in iow permit ote on the HHIEDT 18 "ih site condition and. envifonmental i issues.

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(3) In case of breach of any of the Sieitions di to which the permit is dented, the competent authority may ‘cancel the perm issued by “him. On. cancellation of the “permit, the quarried mineral Tying on the Jand from’ which they Ue ‘extracted shall “become the ‘absolute’ property ‘of the Government and may be ‘sold’ by public auction by the competent authority. KEE SRORh ban oIR Smations oiztvy oft

(4) The competent authority after such enquiry and ‘Verification as they -may- deem necessary, shall ‘assess amount of iz fe end penalty for the excess quantity at the Tend ‘of prescribed period“! i wmbyo wnio don i 54 1% slo 51 wo Hinde fois Gina sabi DAE OL MRC il) GB L5G 1Y #0 @G FZ Tripura Gazette, Extraordinary Issue, September 22, 2014 A. D.

CHAPTER-VI REVISION

Where this provision sits

ActTripura Minor Mineral Concession Rule 2014
Section26
Marginal noteRoyalties in respect of leases granted earlier
JurisdictionState of Tripura
StatusIn force as published by the source

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