Section 8 in Gujarat Minor Mineral Concession Rules, 2010
8. Priority.
(1)On receipt of an application under rule 7, the Competent Authority, after making such inquiries as it deems fit, may sanction the grant of a quarry lease to the applicant or refuse to sanction the same within ninety days from the date of submission of the application:Provided that the time-limit shall be applicable only if the application is complete in all respect. In case of delay or rejection of the application, specific reasons thereof shall be recorded by the Competent Authority.(2)Where two or more persons have applied for a quarry lease in respect of the same land, the quarry lease shall be granted to the applicant in the following order of priority,-(i)a person who has set up a mineral based industry in the State which consumes the minor mineral as raw material in the industrial units established in the State;(ii)a local authority, Board, Corporation under the State Government or a cooperative society;(iii)a person who intends to set up a mineral based industry in the State;(iv)other applicants:Provided that where a person holding a mining lease in respect of an area applies for a quarry lease in respect of that area, he may be given priority over all other applicants:Provided further that where two or more persons of the same category mentioned in clause (i) to (iv) have applied for a quarry lease in respect of the same land on the same day, the Competent Authority after taking into consideration the following matters, grant the lease to such one of the applicants or distribute the mineral bearing land in such manner between the applicants as it deems fit,-(a)any special knowledge or experience in quarry possessed by the applicant;(b)the financial resources of the applicant;(c)the type and qualification of the technical staff employed or to be employed by the applicant;(d)the investment which the applicant proposes to make in quarry and in the industry based on the mineral.(e)such other matters as may be cancel mined by the Competent Authority:Provided also that where the Competent Authority is satisfied that the person specified in clause (iii)above, to whom a quarry lease is granted has failed to establish an industry, within a period of two years may cancel the quarry lease, after giving him an opportunity of being heard and for the reasons recorded in writing.(4)Notwithstanding anything contained in sub-rule (2), the competent authority may, subject to such general instructions and directions as may be issued by the Commissioner from time to time regarding conservation and scientific and economic development of the minerals, for any special reasons to be recorded in writing, grant a quarry lease to an applicant whose application was received latter or to an applicant irrespective to the category to which he belongs or to distribute the area applied for between or amongst the applicants as it may deem fit.
