Section 16 in Orissa Minor Minerals Concession Rules, 2004
16. Disposal of applications.
(1)No application shall be granted unless the applicant submits the Income tax and Sales tax clearance certificates in original or non-assessment certificates in original and there is no objection of the concerned Tahasildar on revenue point of view, the concerned Divisional Forest Officer on forest point of view and in case of Scheduled Areas from the concerned Gram Panchayat for grant of mining lease or its renewal;Provided that the Deputy Director/Mining Officer of the respective jurisdiction shall seek a report from the concerned Tahasildar on revenue point of view, from the concerned Divisional Forest Officer on forest point of view and in case of Scheduled Area, from the concerned Grama Panchayat in the interest of tribal development:Provided further that in case the views of the Tahasildar, Divisional Forest Officer and the Gram Panchayat is not received within a period of two months of receipt of intimation, it would be deemed that the Tahasildar/ Divisional Forest Officer/Gram Panchayat has no objection for grant of mining lease or its renewal.(2)Where two or more persons have applied for a mining lease in respect of same land or area the priority shaft be in the following order, namely :(i)a person who has prospecting license over the area if he:(a)has undertaken prospecting operations to establish the mineral reserves in such land;(b)has not committed any breach of the terms and conditions of the license and;(c)has not failed to apply for grant of mining lease within three months after expiry of the prospecting license;(ii)the applicant whose application was received earlier shall take precedence in consideration tor grant over an applicant whose application was received later;(iii)a person who has already set up an industry for processing of decorative stone in the State and does not have any quarry lease for decorative stone in the State;(iv)a person who has a definite plan for setting up of an industry in the State for processing of decorative stone if he has furnished a copy of his project report of the proposed processing industry and also a letter from the financing institution, issued by the Chief Executive of such institution to the effect that his project report is being appraised by such financing institution;(v)co-operative societies composed solely of Scheduled Tribe in case of Scheduled Areas;(vi)ah unemployed Geologist/Mining Engineer;(vii)a person who is the rayat of the land;(viii)any other category:Provided that when more than one application relating to any of the categories mentioned in items (ii) and (iii) above are received for the same area, the interse priority shall be decided on the basis of the installed capacity, technical knowledge and experience in prospecting and quarrying of decorative stones of the applicant, machinery under his possession, nature and quality of technical staff employed or to be employed, investment proposed to be made in the mines and in the industry based on the decorative stones and prospecting license/mining lease for decorative stones already held in the State:Provided further that more than one application relating to any of the categories mentioned in items (iv) and (vi) above are received for the same area, the applicant whose application was received earlier shall take precedence in consideration for grant over an applicant whose application was received later.(3)Notwithstanding anything contained in Sub-rule (2), if the State Government are of the opinion that in the interest of mineral development, it is necessary to do so, it may for the reasons to be recorded in writing grant the mining lease in respect of land not held under prospecting license in preference to the applications made earlier.
