DHOLPUR KHANIJ VYAPAR SANGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the present writ petition the arguments of the learned counsel for the petitioner are restricted to the following three points:- 1) The Royalty Collection Contract cannot be auctioned because 30 days notice of auction has not been given in accordance with the provisions of Rule 34 of the Rajasthan Minor Minerals Concession Rules, 1986; 2) That the relaxation under Rule 65 of the Rules is not applicable to the minor lease holders, and 3) That there is complete abdication of power by relaxation of the rules which are contrary to the provisions of Section 15 of. the Mines and Minerals Regulations and Development Act, 1957.

(2.) THE submission of the learned counsel for the petitioner on the first point is that an advertisement was published in the Rajasthan Patrika on 19-9-1992 for auctioning the right of collection of royalty in respect of Tehsil Bari and Baseri of Dholpur Division and Rajakhera of Tehsil Dholpur for sand stone and building stone. THE auction was to be held on 20-10-1992 and in accordance with the provisions of Rule 34 the auction notification has to be published at least 30 days before the date of auction and a copy of such notification has to be seat to the Panchayat Area/municipal Board having jurisdiction over the area in question. It is submitted that in the present case the copy of the notification was dispatched to the concerned Panchayat/municipal Board only on 9-10-1992 and the notification has not been published in the Gazette.

(3.) THE provisions of rule 65 provides that the government may relax any provision of these rules for reasons to be recorded in writing. From the bare perusal of the provisions of this rule it is evident that the power of the government is not restricted in any manner and any provision of the rule may be relaxed. THE word 'relaxation' here could be in respect of part relaxation or full relaxation meaning thereby that there must be an existing rule and the provision of such rule of such are relaxed partly or entirely. This power can further be exercised even by providing that the provision of a particular rule shall not be applicable in a particular manner but shall be applicable in a different manner. THE word 'relax' has not been defined or restricted in the rules and, therefore, the government can relax the provision of any rule. THE submission of the learned counsel for the petitioner that no specific rule has been mentioned while exercising power under rule 65 as to which provision is sought to be relaxed. THE power exercised under Rule 65 will not be bad for this reason because any of the provision which has been provided in any rule by the government while relaxing the provision under rule 65 has to be considered and then whatever rule comes in its way the provisions of that rule/rules shall stand relaxed. In the present case the definition clause under rule 3 (xxii) has no doubt excluded the mining lease holders but when the power has been exercised under rule 65 it will be considered that even the provisions of this definition clause stand relaxed to the extent that the mining lease holders shall also be included within the purview of royalty collection contract. THE collection of royalty is prerogative of the government since the mineral is excavated from the land belonging to the government and when a mining lease is granted by the State Government, the royalty has to be collected in respect thereof. THE provisions of rule 34 provides the procedure for auction which has been found in accordance with law. Under Rule 18 (4) the lessee has to pay the dues in the office of such officer, in such manner, at such place as may be mentioned in the lease agreement or notification by the government from time to time. THE State Government is thus empowered to provide the mode of recovery. THE power to recover the royalty is the sovereign power which the State government is entitled to recover under its prerogative. This provision contemplate a procedure for payment/collection of the dues in respect of the dead - rent and royalty. Now by exercising the power of relaxation under rule 65 the contractor has to collect the royalty on behalf of the government. It has been stated that the procedure for issue of the Ravanas as it was in existence earlier shall continue as it is and blue Ravanas are issued to the lease holders who can use the same in respect of excavation and dispatch of the mineral to the extent of dead-rent fixed. If there is any excess excavation/ dispatch on which the royalty is payable the Ravanna of different colour has to be issued by the Department. THE Contractor has to verify the contents of the Ravanna including the weight so that there may not be any evasion of royalty.