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State of Haryana - Section

Section 85 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

85. Disposal of application for grant or renewal of a licence.

(1)The officer-in-charge of the district concerned shall forward the application to the Director, after verifying the contents of the application and inspection of the site proposed for the stockyard alongwith his comments or recommendations for grant or renewal of the license or refusal of the same within a period of fifteen days of the receipt of application;
(2)The application for grant or renewal of a licence shall be disposed of by the Licensing Authority within ninety days from the date of receipt of the application, complete in all respects;
(3)In granting or refusing a licence or its renewal under these rules, the Licensing Authority shall take into consideration the following matters, namely :—
(i)the location of the stock yard;
(ii)the number of licensed dealers already operating in the vicinity of the area;
(iii)availability of the mineral to be stacked and sold;
(iv)general demand or market for the mineral;
(v)any other matters as may be considered necessary from time to time.
(4)The Director may, after making such enquiries as he may deem necessary or appropriate, issue the Letter of Intent (LoI) for grant of licence or renewal thereof or refuse to grant or renew the license :Provided that the Licensing Authority shall not refuse to grant or renew a licence for the whole or part of the area applied for without giving an opportunity of representation to the applicant. He shall record the reasons for such refusal and communicate the same to the applicant.
(5)Upon issue of the LoI for grant or renewal of a license, the applicant would be called upon to deposit the license fee prescribed under these rules within a period of thirty days. The officer authorised in this behalf would provide a treasury voucher, duly filled-in, to the applicant for this purpose. On deposit of the prescribed fees, the Licensing Authority shall issue or renew the said license in Form -MD-4;
(6)Non-submission of the requisite details in the application or non-compliance with the directions to make good the deficiencies within the prescribed time would be good enough a reason for the competent authority to treat the application as non-responsive and rejection of the same;
(7)The Licensing Authority may, at its own discretion, refuse to grant or renew a licence to such person(s), who is/ are convicted of any offence under the Act or the rules made thereunder;
(8)The license, wherever granted or renewed, shall contain all details specifying the maximum limit on the quantity of mineral which can be stacked or stored at any given point of time considering the area of stockyard and the market for the mineral. The stockyard has to be bounded by a boundary wall or a temporary structure of no less than six feet height.