«FORM F Model Form of Prospecting Licence [See rule 15(2)] When the licensee is an individual. THIS INDENTURE made this. day of. 20. between the ...»
Model Form of Prospecting Licence
[See rule 15(2)]
When the licensee is an individual.
THIS INDENTURE made this................ day of........... 20 …. between the Governor of...... /the President
of India (hereinafter referred to as the `State Government' which expression shall where the context so
admits be deemed to include his successors and assigns) of the one part and
of person with address and occupation) (hereinafter referred to as "the licensee" which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns).
When the licensee are more than one individual.
person with addresses and occupation) (hereinafter referred to as "the licensees" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assigns).
When the licensee is a registered firm.
..................son of............of.................son of ….. of......all carrying on business in partnership under the firm name and style of (name of the firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at.............in the town of..................(hereinafter referred to as "the licensees" which expression shall where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns.
When the licensee is a registered company
at...........(Address) (hereinafter referred to as "the licensee" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the other part.
WHEREAS the licensee/licensees has/have applied to the State Government in accordance with the Mineral Concession Rules, 1960 (hereinafter referred to as the said Rules) for a licence to prospect for.................. in the land specified in Schedule `A' hereunder written and delineated in the plan herewith annexed (hereinafter referred to as the said lands) and has/have deposited with the State Government Rs............ as the prescribed security in respect of such licence and has/have paid to the State Government the sum of Rs. ….. as the prescribed prospecting fee for.......... months/ years in advance in respect of such licence and WHEREAS there is no objection to the grant of such licence [and WHEREAS the Central Government has approved the grant of this licence] NOW THESE PRESENTS
WITNESS as follows:
In consideration of the fee, royalties, covenants, and agreements hereinafter reserved and contained and on the part of the licensee/licensees to be paid observed and performed the State Government hereby grants and demises into the licensee/licensees the sole rights and licence.
To enter upon the lands and to search for, win or carry away and dispose of minerals won.
(1) To enter upon the said lands and to search for by quarrying, boring and digging or otherwise all or any
(2) in the case of minerals other than gold, silver, precious stones or mica, this licence shall not confer
upon the licensee a right to win or carry away the minerals for commercial purposes:
Provided that the licensees may win and carry away for purposes other than commercial purposesa) any quantity of such minerals within the limits specified in Schedule III of the Mineral Concession Rules, 1960, without any payment;
(b) any quantity of such minerals exceeding such limits but not exceeding twice such limits, which is won during prospecting operations on payment of royalty for the time being specified in the Second Schedule to the Act in respect of those minerals;
(c) any quantity of limestone not exceeding 500 tonnes for testing its use in any industry specified by the Central Government in this behalf, on payments of royalty for the time being specified in the Second Schedule to the Act in respect of limestone;
(d) With the written approval of the State Government, the licensee may carry away quantities of minerals in excess of twice the limit specified in the Schedule III, on payment of royalty for the time being specified in the Second Schedule to the Act, for chemical, metallurgical ore-dressing and other test purposes
To clear undergrowth and brushwood, etc.
(3) Subject to the provisions of clauses 5 and 6 of Part II of these presents for the purpose aforesaid to clear undergrowth and brush wood and trees with the sanction of the Deputy Commissioner/Collector previously obtained in writing, to make and use any drains or water courses on the said lands for purposes as may be necessary for effectually carrying on the prospecting operations and for the workmen employed thereon and with the like sanction to use any water provided always that such use shall not diminish or interfere with the supply of water to which any cultivated land, village building or watering place, for livestock has heretofore been accustomed and streams, springs or well shall be fouled or polluted by any such use or the operations hereby licensed.
To bring upon and erect machinery etc., on the said lands
(4) To erect and bring upon the said lands all such temporary huts, sheds and structures steam sand other engine machinery and conveniences, chattels and effects as shall be proper and necessary for effectually carrying on the prospecting operations hereby licenced or for the workmen employment thereon.
RESERVED nevertheless to the State Government full power and liberty at all times to enter into and upon and to grant or demise to any person or persons whomsoever liberty to enter into and upon the said lands for all or any purposes other than those for which sole rights and licence are hereby expressly conferred upon the licensee/licensees and particularly (and without hereby in any way qualifying such general power and liberty)to make on, over or through the said lands, such roads, tramways and ropeways as shall be considered necessary or expedient for any purposes and to obtain from and out of the said lands such stone, earth or other materials as may be necessary or requisits for making, repairing or maintaining such roads, tramways, railways and ropeways to pass and repass at all times over and along such roads, tramways, railways and ropeways for all purposes and as occasion shall require.
To hold the said right and licence unto the licensee/licensees from the date of these presents for the term of (hereinafter referred to as the said term).
Paying therefor annually in advance a sum of Rs
portion of a year and immediately on the expiration of sooner determination of the said term clear of all fees, rates, taxes, charges, deductions and royalty at the rates specified in Schedules `B' and `C' hereunder written on the minerals won and carried away by the licensee/licensees during the said terms.
The licensee/licensees hereby covenants/covenant with the State Government as follows:Payment and rates of royalty (1) To pay royalty to the State Government at such rates and at such time as are specified in Schedule `C' hereunder written provided that the licensee/licensees shall be entitled to carry away free of royalty not more than................. for experimental purposes.
Payment of prospecting fee (2) To pay annually in advance a prospecting fee in respect of ensuing year or part of the year at such rates and time as are specified in Schedule `B' hereunder written.
To carry on work in workman-like manner (3) To work and carry on the operations hereby licensed in a fair orderly skilful and workman-like manner and with as little damage as may be to the surface of the lands and to trees, crops, buildings structures and other property thereon.
Maintenance of correct accounts (4) Licensee/licensees shall maintain a correct and faithful account of all the expenses incurred by him/them on prospecting operations and also the quantity and other particulars of all minerals obtained during such operations and their despatch.
No mining operations within 50 metres of public work, etc.
(5) The licensee/licensees shall not work or carry on or allow to be worked or carried on any prospecting operations at or to any points within a distance of 50 metres from any railway line except with the previous written permission of the Railway Administration concerned or from any reservoir, canal or other public works such as public roads and buildings or inhabited site except with the previous written permission of the Deputy Commissioner/Collector or any other Officer authorised by the State Government in this behalf and otherwise than in accordance with such instructions, restrictions and conditions either general or special which may be attached to such permission. The said distance of 50 metres shall be measured in the case of railway line, reservoir or canal horizontally from the outer toe of the bank or the outer edge of the cutting as the case may be and in case of a building horizontally from the plinth thereof. In the case of village roads no workings shall be carried on within a distance of 10 metres of the outer edge of the cutting except with the previous written permission of the Deputy Commissioner/Collector or any other officer duly authorised by the State Government in this behalf and otherwise than in accordance with such directions, restrictions and additions, either general or special, which may be attached to such permission.
Explanation : For the purposes of this clause the expression `Railways Administration’ shall have the same meaning as it is defined to have in the Indian Railways Act, 1890, by clause (6) of section 3 of that Act. `Public Road' shall mean a road which has been constructed by artificially surfaced as distinct from a tract resulting form repeated use. Village road will include any track shown in the Revenue records a village road.
Not to cut or injure trees in reserved forest, etc. without previous permission.
(6) Not to cut or injure any timber or tree on any unoccupied or unreserved land without the written permission of the Deputy Commissioner/Collector nor without such permission disturb the surface of any road or enter upon any public pleasure ground, burning or burial ground or any place held scared by any class of persons or interfere with any right of way, well or tank.
(7) Not to enter upon any land in the occupation of any person without the consent of the occupier nor to cut or in any way injure any trees, standing crops, buildings, huts, structures or other property of any kind of the, occupier of any land or any other person without the written consent at such owner, occupier or person.
Not to commence work in reserved forest without previous permission.
(8) Not to enter upon or commence prospecting in any protected or reserved forest situated upon the lands without obtaining the written sanction of the District Forest Officer nor otherwise the in accordance with such conditions as may be prescribed in such sanction.
Indemnify Government against all claims.
(9) To make reasonable satisfaction and pay such compensation as may be assessed by lawful authority in accordance with the law in force on the subject for all damage, injury, or disturbance which may be done by him in exercise of the powers granted by this licence and to indemnify and keep indemnified fully and completely the State Government against all claims which may be made by any person or persons in respect of any such damage, injury or disturbance and all costs and expenses in connection therewith.
(9A) To pay a wage not less than the minimum wage prescribed by the Central or State Government from time to time.
(9B) To comply with the provisions of the Mines Act, 1952.
(9C) To take measures, at his own expense, for the protection of environment like planting of trees reclamation of mined land, use of pollution-control devices, and such other measures as may be prescribed by the Central or State Government from time to time (9D) To pay compensation to the occupier of the surface of the land on the date and in manner laid down in these rules.
Forfeiture of security deposits, etc.
(10) Whenever the security deposit of Rs.......... or any part thereof of any further sum hereafter deposited with the State Government in replenishment thereof shall be forfeited or applied by the State/Central Government. pursuant to the power hereinafter declared in that behalf the licensee/ licensees shall forthwith deposit with the State Government such further sum as may be sufficient with the unappropriated part thereof to bring the amount in deposit with the State Government up to the sum of Rs..................
Licensee not to be controlled by trust, syndicate, etc.
(11) The licensee/licensees shall not be controlled or permit himself/themselves to be controlled by any trust, syndicate corporation, firm or person except with the written consent of the State Government which will be given only after obtaining the prior approval of the Central Government in cases where prospecting licence executed is in respect of minerals included in the First Schedule to the Act.
Report of accident
(12) The licencee/licensees shall without delay send to the Deputy Commissioner/Collector a report of any accident causing death or serious bodily injury or serious injury to property or seriously affecting or endangering life or property which may occur in the course of the course of the operations under this licence.
Section 18 of the Act 67 of 1957
(13) The licensee/licensees shall be bound by such roles as may be issued by the Central Government under section 18 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957) and shall not carry on prospect or other operations under the said licence in any way other than as prescribed under these rules.
To provide for weighing or measurement of material won