Section 55 in Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016
55. Terms and Conditions for grant of Mineral Concession through auction.
(1)The auction of mineral concession area shall be conducted at the District headquarter of the concerned district by the Chairman of the auction committee in presence of its members.(2)The terms and conditions and description of the Mineral Concession area shall be read out to the intending bidders at the time of auction.(3)The participants in the auction shall at the time of auction submit the following amount/documents to the auction committee :-(a)earnest money not less than Rs. 1.50 lacs or 15% of the minimum bid amount whichever is higher in the shape of CDR pledged to Officer Incharge of the District ;(b)an affidavit stating that no dues of the Department are outstanding against the bidder or partners of the firm/Directors of the Company or their family members, as the case may be ;(c)power of attorney or resolution passed by the Board of Directors in case intending bidder is a Partnership Firm or Company or Society, as the case may be ;(d)Income Tax Clearance Certificate/Income Tax Return as provided in Income Tax Act, 1961.(4)No interest shall be payable by the Department on the earnest money.(5)Any participant not having the requisite earnest money, affidavit regarding no dues and power of attorney shall not be allowed to participate in the auction.(6)The Chairman shall conduct the auction in the peaceful manner and may direct any bidder to leave the auction premises in the event of misbehavior during the course of auction and shall reject his bid or, if necessary, debar him for a period of three years from the date of misbehaving for grant of any Concession under these rules including forfeiture of earnest money deposited by such bidder.(7)On completion of the bid process i. e. fall of the hammer, the Chairman may provisionally accept or reject the highest bid offered or received during the auction proceedings and shall send his recommendations to the Director. The highest bidder shall have to deposit 50% of the bid amount after completion of the auction process :Provided that in case the auction proceedings are not conducted under the Chairmanship of Deputy Commissioner, the recommendations as required under clause (6) above shall be made with the approval of the Dy. Commissioner concerned.(8)No highest bid shall be regarded as accepted unless approved by the Director in case the highest bid is upto Rs.150.00 lacs and by the Government in case the highest bid is above Rs.150.00 lacs.(9)Once a bid is provisionally accepted, Director shall issue Letter of Intent (LoI) to the concerned bidder to complete the formalities as required for the grant of Mining Lease or Quarry License under these rules within a period of six months, including deposition of remaining bid amount. The concerned bidder shall not extract or allow any extraction till such mining lease or quarry license is granted.(10)The bid amount offered by the successful bidder shall be considered as guarantee amount for grant of such Mineral Concession.(11)No person against whom any dues of the Department are outstanding shall be considered for acceptance of a bid under this rule :Provided that where any injunction order has been issued by a court of law or other competent authority staying the recovery of such dues, the non-payment thereof shall not be treated as disqualification for the purpose of this rule.(12)The earnest money deposited by participants, save in the cases where the earnest money has been ordered to be forfeited by the Chairman on the ground of any misconduct during the auction proceedings, shall be refunded immediately upon completion of the auction proceedings.(13)The complete process shall be video graphed and kept in safe custody for at least three years.Chapter-VII Grant of Short Term Permit or Disposal Permit
