The amendment to the Rajasthan Minor Mineral Concession Rules complicates the contractor's ability to collect excess royalty, necessitating reliance on e-Rawanna for verification.

ORDER :

1. Dr. Vikas Balia, learned Senior Advocate appearing on behalf of the petitioner submits that the petitioner is a Royalty Collection and Excess Royalty Collection Contractor and is a part of the regulatory framework so as to ensure the excess royalty applicable to the particular mineral is collected and strict regulation of mineral transportation takes place.

2. Learned counsel for the petitioner has taken this Court to Rule 60 of the Rajasthan Minor Mineral Concession Rules, 2017 (hereinafter referred to as ‘the Rule of 2017’) and Rule 60 of Rajasthan Minor Mineral Concession (Amendment) Rules, 2025.

3. Rule 60 before amendment and Rule 60 after amendment is reproduced hereunder:

Rule 60 of the Rajasthan Minor Mineral Concession Rules, 2017 “60. Establishment of check posts or barriers and inspection of minerals in transit and weighment.-

(1)To prevent or check the evasion of royalty, the Mining Engineer or Assistant Mining Engineer concerned may direct to establish check post or barrier at such place and for such period as may be specified in the order.

(2)The Director, Additional Director Mines, Superintending Mining Engineer, [Superintending Mining Engineer (vigilance)] Mining Engineer, Mining Engineer (vigilance), Assistant Mining Engineer, Assistant Mining Engineer (vigilance), Mines Foreman, Surveyor, Field Assistant, Nakedar or any other officer or official authorised by the State Government, Director or Additional Director Mines may check a vehicle carrying the mineral at any place and the owner or the person in charge of the vehicle shall furnish a valid rawanna or transit pass or royalty receipt duly authenticated by the department in the specified form and any other documents or particulars as demanded by such officer.

(3)At every check post or barrier set up under sub- rule (1) or at any other place when so required by the officer incharge of the check post or officers or officials empowered in sub-rule (2), the owner or any person incharge of the vehicle shall stop the same, get the minerals contained therein weighed, shall pay weighing charges as fixed by the Government, from time to time and shall keep the vehicle stationed so long as may reasonably be necessary and allow officer in charge of the check post or such officer to examine the minerals in transit and also inspect all records relating to the minerals in possession of such owner or other person. The owner or person incharge of the vehicle shall, if so required by the officer in charge of the check post or any other officer, so empowered give his name and address as also that of the owner of the vehicle and the name and address of the consignor and the consignee. After checking the minerals and vehicle, the officer incharge of the check post or such officer shall put his signature on the rawanna, transit pass or royalty receipt so as to avoid any further checking at another check post.

(4)Every owner or person incharge of a vehicle shall carry with him a valid rawanna, transit pass or royalty receipt duly authenticated by the department in respect of the mineral carried and shall produce the same before any officer incharge of a check post or other officer or official empowered under sub-rule (2).

Explanation: - Mineral shall not cease to be mineral by reason of being subjected to any process like crushing, breaking, drying, pulverizing, calcinising or any other procedure intended to make the mineral fit or suitable for sale or consumption.

(5)Where the officer incharge of the check post or any other officer or official empowered under sub- rule (2) above has a reason to believe that royalty is likely to be evaded in respect of any mineral liable to be assessed for royalty, such officer may require the owner or person incharge of the vehicle to pay an amount equal to ten times of royalty in lieu of cost of mineral, rent, royalty, compensation for environmental degradation and tax chargeable on the land occupied without lawful authority, etc. along with c