AIR 2010 SUPREME COURT 378 ::2009 AIR SCW 7610 ::2010 (1) AIR Kant HCR 314 ::2010 (1) AIR Kar R 314 ::2010 (1) SCC 505 ::(2009) 14 Scale 420 ::(2010) 1 JCR 150 (SC) ::(2010) 2 Raj LW 1062

Supreme Court Of India

(From : AIR 2008 (NOC) 2116 (Raj))

Hon'ble Judge(s): R. V. Raveendran, K. S. Radhakrishnan , JJ

Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.15— Rajasthan Minor Mineral Concession Rules (1986) , R.61, R.35, R.3(13a), R.3(21)— Payment of dues - Grace period - Availability - Contractor granted Excess Royalty Collection Contract - Grace period of 15 days given under R.61 for paying dues - Not available to such contractor - Excess Royalty Collection Contract cannot be equated with Royalty Collection Contract to claim interest holiday under R.61. Decision of Rajasthan High Court, D/-27-02-2008, Reversed. Contractor who is granted Excess Royalty Collection Contract would not get benefit of 15 days' grace period available under R. 61 for payment of dues. Rule 61 does not make reference to Excess Royalty Collection Contract. It is no doubt true that the procedures for auction/tender in regard to Royalty Collection Contracts and Excess Royalty Collection Contracts are the same. It is also true that the form of contract for both types of contracts is the same. It is also true that under both types of contract, the Government gives contacts to collect royalty in regard to particular areas in consideration of payment of a fixed amount annually. But these factors do not lead to an inference that the Royalty Collection Contracts are same as Excess Royalty Collection Contract. It is clear from their definitions in clauses (xxi) ....