Section 5 in Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015
5. [ Eligibility for Mineral Concession. [Substituted by Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.]
(1)Any person who is an Indian citizen shall, on payment of an application fee as specified in First Schedule and after completion of required codal formalities as prescribed in these rules may obtain mineral concession like mining lease or contract or tender etc., as the case may be, from the Competent Authority.(2)The Competent Authority may, with the previous approval of the Government, grant a mineral concession to any person who is not an Indian National after completion of codal formalities as prescribed in these rules.Explanation. - For purpose of sub-rule (1), a lessee shall be deemed to be an Indian National,(a)in case of a public company as defined in the Companies Act, 2013 (Act No. 18 of 2013), only if majority of the Directors of the Company are citizens of India and not less than fifty-one percent of the share capital thereof is held by persons who are either citizens of India or companies as defined in the said Act;(b)in case of a private company as defined in the said Act, only if all the members of the company are citizens of India;(c)in case of a firm or other association of individuals, only if all the partners of the firm or members of the association are citizens of India; and(d)in case of an individual, only if he is a citizen of India; and if any question arises as to whether a person is an Indian national or not, it shall be referred to the Central Government whose decision thereon shall be final].Chapter-II Grant of Mineral Concessions and Conditions Grant of Mining Lease
