Section 16 in Rajasthan Minor Mineral Concession Rules, 2017
16. Grant of mining lease.
(1)Mining lease shall be granted to a person who offers highest premium amount through e-auction subject to provisions of sub-clause (h) of clause (ii) sub-rule (8) of rule 14.(2)Upon receipt of the first installment of the offered premium amount, the competent authority shall issue a letter of intent to applicant or successful bidder, as the case may be, to, -(i)pay the second installment being twenty five percent of the minimum guaranteed premium [khatedar within sixty days from date of issuance of letter of intent in ease of khatedari land having an area more than four hectare] [Substituted 'landowner within sixty days from date of issuance of letter of intent in case of private land' Notification No. G.S.R. 57, dated 25.6.2018 (w.e.f. 28.2.2017).];(ii)furnish the performance security as specified in rule 20 and submits approved mining plan within six months from date of issuance of letter of intent; and(iii)obtain and submit all consents and approvals as may be required under applicable laws within eighteen months from date of issuance of letter of intent:Provided that the above period may be extended by the competent authority, subject to payment of late fees at the rate of ten percent of annual dead rent for delay of every month or part thereof for such extended period which shall not be later than three years from the date of issuance of letter of intent.Provided further that the above period may be further extended for a period of one year by the Government subject to payment of late fees at the rate of ten percent of annual dead rent for delay of every month or part thereof.Provided also that period of letter of intent, issued before the commencement of these rules, may be extended by the competent authority, subject to payment of late fees at the rate of ten percent of annual dead rent for delay of every month or part thereof for such extended period from the date of issuance of letter of intent.(3)The area shall be granted by the competent authority, if the applicant or successful bidder, as the case may be, complies with the conditions within the stipulated or extended period of time and applicant or successful bidder, as the case may be, shall be intimated by registered post and e-mail.(4)The applicant or successful bidder, as the case may be, who did not comply with the conditions of letter of intent within the stipulated or extended period of time, the competent authority shall reject the bid and forfeit the application fees, premium amount and performance security deposited, after providing an opportunity of being heard by issuing notice of thirty days.(5)The applicant or successful bidder, as the case may be, shall pay the third installment being fifty percent of the minimum guaranteed premium before execution of mining lease as per rule 21.(6)The mining lease shall be for minerals found in the area pursuant to exploration prior to the auction:Provided that where subsequent to the auction, any new mineral is discovered, such mineral shall be included in the mining lease subject to payment of premium amount as mentioned in sub-rule (5) of rule 13.(7)Notwithstanding anything contained in these rules, in notified scheduled areas, -(i)for mineral masonary stone, one third of total delineated plots shall be kept reserved for the persons belonging to domicile schedule tribe category and remaining two third plots shall be granted by way of e-auction. For reserved plots, the centralized bidding cell at Directorate shall issue notice for inviting applications in two daily news papers, at least one of which is state level and other having wide publicity in the area where lease is being granted. The notice shall be published at least thirty days before the intended date of inviting applications and shall contained the date or the period within which applications shall be received. The notice shall also be uploaded on the departmental website:Provided that where two or more applications are received for the same plot, the allotment shall be made by the way of e-auction among the applicants; and(ii)for mineral bajri (river sand), priority shall be given to the registered society of domicile schedule tribe. The centralized bidding cell at Directorate shall issue notice for inviting applications in two daily news papers, at least one of which is state level and other having wide publicity in the area where lease is being granted. The notice shall be published at least thirty days before the intended date of inviting applications and shall contained the date or the period within which applications shall be received. The notice shall also be uploaded on the departmental website:Provided that where two or more applications are received from the societies for the same plot, the allotment shall be made by the way of e-auction among the applicant societies.Provided further that where no application is received from registered society of domicile schedule tribe, e-auction shall be conducted among other applicants.(8)In existing major mineral leases where mining of minor mineral can be done independently, the leases of minor mineral shall be granted with prior approval of the Director by way of e-auction subject to condition that after allotment of lease, the lessee of such minor mineral shall not cause any hindrance in the working of major mineral lessee.
