Minor Mineral 1963


 

APPLICATION  FEE AND DEPOSIT FOR GRANT OF MINING LEASE

 

(1) Every application for grant of a mining lease shall be accompanied by :-
(a) a fee of one thousand rupees;
(b) a deposit of two thousand rupees for meeting the preliminary expenses, other than those specified in rule 17, and
(c) four copies of the cadastral survey map on which the area applied for is clearly marked and in case such area is not covered by cadastral survey, four copies of topographical survey map on a scale of at least 4"=1 mile, on which the area applied for is accurately marked.
(d) a certificate, issued by the District Officer or by such officer as may be authorised by the District Officers in this behalf, showing that no mining dues are outstanding against the applicant Provided further that such certificate shall not be required where applicant has furnished an affidavit to the satisfaction of the State Government, stating that he does not hold or had not held any mining lease or any other mineral concession in the territory of the State. (* 20th Amdt.)
(e) A certificate of caste and residence of the application where the application is for mining lease of sand or morrum or bajari or boulder or any of these in mixed state.

(2) If the application is not complete in any respect or is not accompanied by the fee, deposit or the documents mentioned in sub-rule (1) the District Officer or the officer authorised by the State Government in this behalf, shall by notice require the application to complete the application in all respects or, to deposit the fee or furnish the documents within such time as may be specified in the notice, and for the purpose of rule 9 or rule 9A, the date on which the application is completed in all respect, shall be deemed to be the date of receipt of application. (*20th Amdt.)
 

APPLICATION FEE ETC. FOR RENEWAL OF MINING LEASE

 

An application for renewal of mining lease may be made at least six months before the date of the expiry of the mining lease along with four copies of the map of lease hold area showing clearly the area applied for renewal and the provision of clause (a) and (d) of sub-rule (1) of rule 6 shall mutatis mutandis apply.

PREFERENTIAL RIGHT OF CERTAIN  PERSONS

 

(1) Where two or more persons have applied for a mining lease in respect of the same land the applicant whose application was received earlier shall have a preferential right for the grant of lease over the applicant whose application was received later Provided that where such application is received on the same day, the State Government may, after taking into consideration the matters specified in sub rule (2), grant the mining lease to such one of the applicants it may deem fit.

(2) The matters referred to in sub-rule (1) are -
(a) Any special knowledge or experience in mining operations possessed by the applicant;
(b) The Financial resources of the applicant;
(c) The nature and quality of the technical staff employed or to be employed by the application
(d) The conduct of the applicant in carrying out mining operations on the basis of any previous lease or permit and in complying with conditions of such lease or permit or the provisions of any law in connection therewith; and
(e) Such other matters as may be considered necessary by the State Government.


(3) Notwithstanding anything contained in sub-rule (1) and (2), the State Government may, for special reasons to be recorded grant a mining lease to an application was received earlier5.
(*20th Amdt.)
Preferential right of certain persons in respect of Sand etc.

(1) Not withstanding any thing contained in rule 9, in respect of mining lease for sand or morrum or bajari or boulder or any of these in mixed state exclusively found in the river bed, preference shall be given in the following order to a person or group of persons, whether or not incorporated, who :
(a) Belong to socially and educationally backward classes of citizens, are engaged in carrying on the occupation of excavation of sand or morrum as a profession and are resident of the same district in which the area in respect of which the lease in applied for, is situate :
(b) Have established or intend to establish the aforesaid minor mineral based industry in the State.

Explanation :- For the purpose of clause (a) the persons belonging to socially and educationally backward classes of citizens engaged in carrying on the excavations of sand or morrum as profession means Mallah, Kewat, Bind, Nishad, Majhi, Batham, Dhiwar, Themer, Cahi, Sorahia, Turha, Rajkwar, Kaiwrat, Khulwat, Tiyar, Gaudia, ?Godia, and Kashypa and includes such other persons as are specfied as such by the State Government, by notification, into Official Gazette.


(2) Where two or more persons or group of persons belonging to any of the categories specified in sub-rule (1) have applied for a mining lease in respect of the same land the applicant whose application was received earlier shall have the preferential right;
Provided that where such application are received on the same day preference shall be decided by draw of lots.
(20th and 21st Amdt.)

   


 

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