Rajasthan Minor Minerals (Concession) Rules, 2017–Rule 28–Provision provides for two alternative course of action in the event of breach of lease conditions namely–(1) determination of the lease with consequential forfeitures, or (ii) imposition of penalty as specified in Schedule IV–The use of expression “or in the alternative’ is of crucial significance, as it clearly indicates that termination is not intended to be default or automatic consequence of every breach–Rather, Authority is vested with a discretion, which is required to be exercised judiciously.
