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FORM F –
1
(Reconnaissance
Permit Deed)
(See rule 7A)
When the permit
holder 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---
--------------------------------(name of person with Address
and occupation)(hereinafter referred to as ‘the permit holder’
which expression shall where the context so admits be deemed
to include his heirs, executors, administrators,
representatives and permitted assigns).
When the permit
holders 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
permit holders’ which expression shall where the context so
admits be deemed to include their respective, heirs,
executors, administrators, representatives and their permitted
assigns).
When the permit
holder is A registered firm
-------------------------------------------------------------------------------(Name
and address of partner) son of
----------------------------------of-------------------------------------------------------------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 permit holder 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 permit
holder is a registered company
-----------------------------------------------------
(Name of company) a registered company under
------------------------------- (Act under which incorporated)
and having its registered office
at------------------------------ (Address) (hereinafter
referred to as ‘the permit holder’ which expression shall
where the context so admits be deemed to include its
successors and permitted assigns) of the other part.
WHEREAS
the permit holder/holders has/have applied to the State
Government in accordance with the Mineral Concession Rules,
1960 (hereinafter referred to as the said Rules) for a
reconnaissance permit 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 according
to rule 7B in respect of such permit and has/have paid to the
State Government the sum of Rs.-------------------- as the
prescribed permit fee for ----------------months/years in
advance in respect of such permit and WHEREAS there is no
objection to the grant of such permit and WHEREAS the Central
Government has approved the grant of this permit. NOW THESE
PRESENTS WITNESS as follows:
PART
1
In
consideration of the fee, covenants and agreements hereinafter
reserved and contained and on the part of the permit holder(s)
to be paid, observed and performed, the State Government
hereby grants the reconnaissance permit and demises into the
permit holder(s) the rights.
(1) To
enter upon or fly over the lands and undertake reconnaissance
operations :
To enter upon or
fly over the said lands and to undertake reconnaissance
operations to search for all, or
any-----------------------(name of minerals) lying, or being
within, under or throughout the said land:
Provided that
:
the permit holder
shall not enter any forest land or any private land without
obtaining permission of the Forest Department or the owner of
the private land, as the case may be;
the permit holder
shall not fly over the said land unless all necessary
clearances from the Defence and Home Ministries, Government of
India and the Director General, Civil Aviation, Government of
India have been obtained for undertaking aerial surveys.
(2) To use water
and clear undergrowth and brush wood etc. :
Subject to the
provisions of clause (1) to make and use any drains or water,
grounds on the said land for purposes as may be necessary for
effectively carrying on the reconnaissance operations and to
the workers employed therein and to use 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 that no streams, springs or well shall be fouled or
polluted nor any trees cut or injured by any such use or the
reconnaissance operations hereby permitted.
(3) To bring upon
machinery etc. :
To bring upon the
said lands such machinery, equipment and conveniences as may
be proper and necessary for effectively carrying on the
reconnaissance operations hereby permitted or for the workmen
employed thereon.
Reserved
nevertheless to the State Government full power and liberty at
all times to enter into and upon the said lands for all or any
purposes other than those for which sole rights and permit
hereby expressly conferred upon.
To hold the said
right and permit unto the permit holder(s) from the date of
these presents for the term of
----------------------(hereinafter referred as the said
term).
Paying therefor
annually in advance a sum of Rs.----------------being the
permit fee for each year or portion of a year as specified in
Schedule B and immediately on the expiration or sooner
determination of the said term clear of all fees, rates,
taxes, charges and deductions by the permit holder(s) during
the said terms.
PART
II
Covenants by
permit holder(s)
The permit
holder(s) hereby covenants/covenant with the State Government
as follows :-
Payment of permit
fee:-
(1) To pay
annually in advance a permit 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:-
(2) To work and
carry on the operations hereby permitted 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:-
(3) Permit
holder/holder(s) shall maintain an accurate and faithful
account of all the expenses incurred by him/them on
reconnaissance and also the quantity and other particulars of
all samples obtained during such operations and their
despatch.
Not to cut or
injure trees or disturb public places without previous
permission:-
(4) 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 sacred by any class
of persons or interfere with any right of way, well or tank.
(5) 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 of such owner, occupier or
person.
Not to commence
work in forest lands without previous
permission:-
(6) Not to enter
upon or commence reconnaissance or prospecting in any forest
land without obtaining the written sanction of the Forest
Officer so authorised in this behalf by the State
Government.
Indemnify
Government against all claims:-
(7) To make
reasonable satisfaction and pay such compensation as 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 permit
and to indemnify and keep indemnified fully and completely
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.
Abide by other Act
and Rules:-
(8A) To pay a wage
not less than the minimum wage prescribed by the Central or
State-Government from time to time.
(8B) To comply
with the provisions of the Mines Act, 1952.
(8C) To take
measures, at his own expenses, for the protection of
environment as may be prescribed by the Central or State
Government from time to time.
(8D) To pay
compensation to the occupier of the surface of the land on the
date and in the manner laid down in these rules.
Forfeiture of
security deposits etc.:-
(9) Whenever the
security deposit of Rs.---------------- or any part thereof or
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 permit holder(s) 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 upto the sum of
Rs.-------------------------.
Permit holder not
to be controlled by the trust, syndicate,
etc.:-
(10) The permit
holder(s) 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 case where reconnaissance permit
executed is in respect of minerals included in the First
Schedule to the Act.
Report of
accident:-
(11) The permit
holder(s) 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 operations under this permit.
Section 18 of the
Act :-
(12) The permit
holder(s) shall be bound by such rules as may be issued by the
Central Government under section 18 of the Act and shall not
carry on reconnaissance, prospecting or other operations under
the said permit in any way other than as prescribed under
these rules.
Plugging of bore
holes, fencing, etc. and restoring the surface of land after
determination or abandonment:-
(13) Save in the
case of land over which the permit holder(s) shall have been
granted a prospecting licence or mining lease, on or before
the expiration or sooner determination of the permit, he shall
within six months next after the expiration or sooner
determination of the permit or the date of abandonment of the
undertaking, whichever shall first occur, securely plug any
bore or hole and fill up or fence any holes or excavations
that may have been made in the lands to such an extent as may
be required by the Deputy Commissioner/Collector concerned and
shall, to a like extent, restore the surface of the land and
all buildings thereon, which may have been damaged or
destroyed in the course of reconnaissance or prospecting,
provided that permit holder(s) shall not be required to
restore the surface of the land, or any building in respect of
which full and proper compensation has already been paid.
Removal of
machinery, etc. after expiration, determination or
abandonment:-
(14) Upon the
expiration or sooner determination of this permit or the
abandonment of the operations hereby permitted, whichever
shall first occur, the permit holder(s) shall remove
expeditiously at his/their own cost all plants, engines,
machinery implements, utensils and other property and effects
theretofore, erected or brought by the permit holder(s) and
then standing or being upon the said lands provided that this
covenant shall not apply to any part of the said lands which
may be comprised in any prospecting licence or mining lease
granted to the permit holder(s) during the subsistence of this
permit.
Report of work
done before the refund of security deposits:-
(15) At any time
before the said security deposit is returned to him/them or
transferred to any other account or within one month after the
expiration or sooner determination of the permit or
abandonment of the operations whichever is earlier, the permit
holder(s) shall submit to the State Government confidentially
a full report of the work done by him/them and disclose all
information acquired by him/them in the course of the
operations carried on under this permit regarding the geology
and mineral resources of the area covered by the permit.
Report of
information obtained by permit holder:-
(16)
(1) The permit holder(s) shall submit to State
Government:
(a) six monthly
report of the work done by him/them stating the number of
persons engaged and disclosing in full the geological,
geophysical, or other valuable data collected by him during
the period.
The report shall
be submitted within three months of the close of the period to
which it relates
(b) within three
months of the expiry of the permit, or abandonment of
operations or termination of the permit, whichever is earlier,
a full report of the work done by him and all information
relevant to mineral resources acquired by him/them in the
course of reconnaissance in the area covered by the permit:
(2) While
submitting reports under clause (1), the permit holder(s) may
specify that the whole or any part of the report or data
submitted by him shall be kept confidential; and the State
Government shall thereupon keep the specified portions as
confidential for a period of two years from the expiry of the
permit or abandonment of operations or termination of the
permit, whichever is earlier.
Employment of
foreign nationals:-
(17) The permit
holder(s) shall not employ, in connection with the
reconnaissance operation any person who is not an Indian
National except with the previous approval of the Central
Government.
Furnishing of
Geophysical data:-
(18) The permit
holder(s) shall furnish :
- all geophysical
data relating to prospecting or engineering ground water
surveys, such as anomaly maps, sections, plan structures,
contour maps, logging, collected by him/them during the
course of reconnaissance to the Director General, Geological
Survey of India, Calcutta;
- all information
pertaining to investigations of radio active minerals
collected by him/them during the courses of operations to
the Secretary to the Department of Atomic Energy, New Delhi.
Data or
information referred to above shall be furnished every year
reckoned from the date of commencement of the period of the
reconnaissance permit.
PART III
Powers of the
Government
It is hereby
agreed as follows :-
Cancellation of
the permit and forfeiture of the deposit in case of breach of
conditions:-
(1) In the case of
any breach of any condition of the permit by the permit
holder(s) or his transferees or assignees, the State
Government shall give a reasonable opportunity to the permit
holder(s) of stating his/their case and where it is satisfied
that the breach is such as cannot be remedied, on giving
thirty days notice to the permit holder(s) or his transferees
or assignees, determine the permit and or forfeit the whole or
any part of the said deposit Rs.------------- deposited under
the covenants in that behalf as the State Government may deem
fit. In case the State Government considers the breach to be
of a remediable nature, it shall give notice to the permit
holder(s)or his transferees or assignees as the case may be
requiring him/them to remedy the breach within thirty days
from the date of receipt of the notice informing him of the
penalty proposed to be inflicted if such remedy is not made
within such period.
Application of
security to payment of compensation:-
(2) The State
Government may from time to time appropriate and apply the
said deposit of Rs.--------------------- or any part thereof
or any further sum deposited under any covenants in that
behalf hereinbefore contained in or towards payment or
satisfaction of any claims to compensation which the
Government has or may have against the permit holder(s) and/or
which may be made by any person or persons against the permit
holder(s)and or the State Government in respect of any damage
or injury done by the permit holder(s) in exercise of any of
the powers conferred by this permit and in or towards payment
of any damages, costs of expenses which may become payable as
the result of or in connection with any suits or proceedings,
which may be instituted against the State Government in
respect of any such damage or injury and also or towards
payment of the expenses of the carrying out or performance of
any works of matters, which the permit holder(s) shall fail to
carry out or perform after the expiry or sooner determination
of this permit or the abandonment of the operations hereby
permitted in accordance with the covenants in that behalf
hereinbefore contained or in payment or satisfaction of any
claims, damages, costs and expenses.
When the
properties are not removed from the lands in
time:-
(3) If any plants,
engines, machinery implements, utensils or other property or
effects which ought to be removed by the permit holder(s) from
the said lands, in accordance with the covenant in that behalf
hereinbefore contained, be not so removed within one calendar
month after notice in writing requiring their removal shall
have been given to the permit holder(s) by the State
Government, the same shall be deemed to have become the
property of the State Government and may be sold or disposed
of for the benefit of the State Government in such manner as
the State Government shall deem fit, without any liability to
pay any compensation or to account to the permit holder(s) in
respect thereof.
Permit holder(s)
to pay for work done on his/their behalf:-
(4) If any of the
works or matter, which in accordance with the covenants in
that behalf hereinbefore contained, are to be carried out or
performed by the permit holder(s), be not so carried out or
performed within time specified in that behalf, the State
Government may cause the same to be carried out or performed
and the permit holder(s) shall pay the State Government on
demand all expenses which shall be incurred in such carrying
out or performance of the same.
Right of
pre-emption:-
(5) In the event
of existence of a state of war or emergency (of which the
President of India shall be the sole judge and notification to
this effect in the Gazette of India shall be conclusive
proof), the State Government with the consent of the Central
Government shall, from time to time and at all times during
the said term, have the right [to be exercised by a notice in
writing to the permit holder(s)] to forthwith take possession
and control of the works, plants, machinery and premises of
the permit holder(s) on or in connection with the said lands
or the operations under this permit and during such possession
or control, the permit holder(s) shall conform to and obey all
directions given by or on behalf of the Central or State
Government regarding the use of employment of such works,
plants premises and minerals provided that fair compensation,
which shall be determined in default of agreement by the State
Government shall be paid to the permit holder(s) for all loss
or damages sustained by him/them by reason or any consequence
of the exercises of the powers conferred by this clause and
provided also that the exercise of such powers shall not
determine the said term hereby granted or affect the terms and
provisions of these presents further than may be necessary to
give effect to the provisions of this clause.
PART – IV
Rights of permit
holder(s)
It is hereby
further agreed as follows :-
Preferential right
of the permit holder(s)for obtaining prospecting licence or
mining lease:
(1) On or before
the determination of the permit the permit holder(s) shall
have a preferential right for obtaining a prospecting licence
or mining lease in respect of whole or part of that land over
any other person provided that the State Government is
satisfied that the permit holder(s)has/have not committed any
breach of the terms and conditions of the reconnaissance
permit has undertaken reconnaissance operations to establish
mineral resources and is otherwise a fit person for being
granted the prospecting licence or mining lease.
Refund of
deposit:-
(2) On such date
within six calendar months after the determination of the
permit as the State Government shall elect after compliance by
the permit holder of the provisions of the Mineral Concession
Rules, 1960, the amount then remaining in deposit with State
Government and not required to be applied to any of the
purposes in part III of these presents mentioned, shall be
refunded to the permit holder(s) or if the permit holder(s)
shall have obtained a prospecting licence or mining lease over
the said lands or any portion thereof, be retained at the
credit of the permit holder(s) on account of the fees, rents
and royalties to become payable under such licence or lease.
The amount shall in no case carry any interest
whatsoever.
PART V
General
Provisions
It is lastly
agreed as follows:
Acquisition of
land and compensation :-
(1) If after the
receipt of an offer of compensation for any damage which is
likely to arise from the proposed operation of the permit
holder(s), the occupier of the surface of any part of the said
lands shall refuse his consent to the exercise of the rights
and powers reserved to the State government and granted by
this permit, the permit holder(s) shall report the matter to
the State Government and shall deposit with it the amount
offered as compensation and if the State Government is
satisfied that the amount of compensation is reasonable or if
it is not so satisfied and the permit holder(s) shall have
deposited with it such further amount as the State Government
may consider reasonable, the State Government shall order the
occupier to allow the permit holder(s) to enter upon the said
land and carry out such operations as may be necessary for the
purpose of the permit. In assessing the amount of such
compensation the State Government shall be guided by the
principles of the Land Acquisition Act.
Delay in
fulfillment of the term of permit due to force
majeure:-
(2) Failure on the
part of permit holder(s) to fulfil any of the terms and
conditions of this permit shall not give the State Government
any claim against him/her or be deemed a breach of the permit
in; so far as such failure is considered by the State
Government to arise from force majeure.
If the fulfilment
of the permit holder(s) of any of the terms and conditions of
this permit be delayed from force majeure, the period of such
delay shall be added to the period fixed by this permit.
The expression
force majeure means act of God, war, insurrection, riot, civil
commotion, strike, tide, tidal wave, storm, flood, lightening,
explosion, fire, earthquake and any other happening which the
permit holder(s) could not reasonably prevent or control.
Service of
notices:-
(3) Every notice
required to be given to the permit holder(s) shall be given in
writing to such person as the permit holder(s) may appoint for
the purpose of receiving such notices or if no such
appointment is made then the notice shall be sent to the
permit holder(s) by registered post addressed to him/them at
the address shown in his/their application for the permit at
such other address in India as he/they designate from time to
time, and every such service shall be deemed to be proper and
valid service upon the permit holder(s) and shall not be
questioned or challenged by him.
Discovery of new
minerals:-
(4) The permit
holder shall report to the State Government the discovery of
any mineral not specified in the permit within a period of
sixty days from the date of such discovery.
Immunity of State
Government from liability to pay
compensation:-
(5) if in any
event the orders of the State Government are revised, reviewed
or cancelled by the Central Government in pursuance of
proceedings under chapter VII of the Mineral Concession Rules,
1960 the permit holder(s) shall not be entitled to
compensation for any loss sustained by the permit holder(s)in
exercise of the powers and privileges conferred upon him/them
by these presents.
(6) The permit
deed is executed at the------------------------of the State
of----------------------------------- (Name of the State) and
subject to the provision of article 226 of the Constitution of
India. It is hereby agreed upon by the permit holder(s) and
the State Government that in the event of any dispute in
relation to the area under reconnaissance permit and condition
of the permit deed and in respect of all matters touching the
relationship of the permit holder(s)and the State Government,
suits or petitions shall be filed in civil courts at
----------------------------------(name of the city) and it is
hereby expressly agreed that neither party shall file a suit
or appeal or bring any actions at any place other than courts
named above.
IN WITNESS WHEREOF
these presents have been executed in the manner hereunder
appearing the day and year first above written.
SCHEDULE A
The land covered
by the permit
(Here insert the
description of lands with area, boundaries, names of District,
Sub-Division, Thana, etc. and cadastral survey numbers, if
any. In case a map is attached, refer the map in the
description to be inserted.)
SCHEDULE B
[Under rule
7(1)(xi)]
(Here specify the
amount of permit fee and manner and time of
payment.)
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