Section 4 in Orissa Minor Minerals Concession Rules, 2004
4. Restrictions on grant of prospecting licenses or mining/quarry leases or its renewal.
(1)Notwithstanding anything contained in these rules, the Government may, be order, declare that no prospecting license or mining/quarry lease or renewal thereof or a quarry permit or auction of source shall be granted in any area or in respect of any minor minerals(s) except on such terms and conditions as may be specified from time to time.(2)No prospecting license or mining/quarry lease or a quarry permit or auction of source shall be granted to any person other than an Indian citizen without prior approval of the Government or in respect of any area included in the Rakhit or Sarbasadharan Khata of the village or any area reserved for communal purpose.(3)No prospecting license or mining/quarry lease or quarry permit or auction of source shall be granted over areas involving historical, cultural, archaeological and scientific importance.(4)No mining lease shall be granted unless it is satisfied that-(a)there is evidence to show that the area for which the lease is applied for has been prospected earlier for decorative stone or the existence of decorative stones therein has been established otherwise than by means of prospecting such area, and,(b)there is a mining plan duly approved by an authorized officer.(5)No prospecting license or mining/quarry lease or its renewal or auction of source shall be granted in Scheduled Areas without recommendation of the concerned Grama Panchayat.(6)No prospecting license or mining/quarry lease or quarry permit or auction of source shall be granted in any forest land without prior approval of Government of India as required under the Forest (Conservation) Act, 1980.(7)No quarry lease or quarry permit or auction of source of for brick earth shall be granted for manufacture of clay bricks or tiles or blocks for use in construction activity within a radius of fifty kilometres from local based thermal power plant unless an undertaking is furnished to the effect that-at least twenty-five percent of ash (fly ash, bottom ash or pond ash) shall be used with brick earth on weight to weight basis.(8)No prospecting license or mining/quarry lease or quarry permit or its renewal or auction of source shall be granted to a person who is a defaulter in payment of Government dues under the Act and the rules made thereunder unless recovery of such dues has been stayed by any Court or an Authority before whom an appeal is pending under Sub-rule (1) of Rule 64 of these rules.(9)No quarry lease/permit for road metals including ballast and ordinary boulders shall be granted within the area for which a license or lease has been granted for decorative stone.
