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State of Gujarat - Section

Section 4 in Gujarat Minor Mineral Concession Rules, 2010

4. Grant of Quarry Leases.

(1)Save as otherwise expressly prescribed in these rules, no person shall quarry, win, remove or carry away any minor mineral, in respect of the lands in which the mineral vest with the Government, except as provided under these rules.
(2)No leases under sub-section (1) shall be granted without the prior approval of the Government, to any person other than an Indian citizen.
(3)No quarry lease shall be granted by the Competent Authority in respect of any minor mineral except in accordance with such general instructions and directions as may be issued by the Commissioner from time to time regarding the conservation and scientific economic development of such mineral.
(4)No quarry lease shall be granted in respect of lands notified by the Government as reserved for use of Government, local authorities or for any other public or special purposes. Such reservations shall be reviewed from time to time or at least once in five years:Provided that where any land in respect of which a quarry lease granted is notified by Government as reserved under this sub-rule, subsequent to such grant, it shall be lawful for the Competent Authority to renew such a quarry lease after the previous approval of the Commissioner.
(5)No quarry lease shall be granted to any person other than the lessee himself of an area or a mineral in respect of which a mining lease has been granted:Provided that if such lessee to whom the mining lease or, as the case may be the quarry lease has been already granted does not apply for quarry lease, quarry lease may be granted to any other person.
(6)No quarry lease or permit or Parwana shall be granted for minor mineral in the Schedule Area, without the recommendation of the GRAM SABHA at the appropriate level.
(7)No application for quarry lease shall be taken into consideration in the area in respect of which an application for mining lease, if any, already pending, under Mineral Concession Rules, 1960, until such application for mining lease is decided.