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State of Jammu-Kashmir - Section

Section 63 in Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016

63. Disposal of mineral dealer license applications.

(1)The application for grant or renewal of a license shall be disposed by the licensing authority within ninety days from the date of receipt of application complete in all respects.
(2)In granting or refusing a license or its renewal under these rules the licensing authority, shall take into consideration the following :-
(i)the location of the area ;
(ii)the number of license holders already operating in the vicinity of the area ;
(iii)availability of the mineral to be stocked and sold ;
(iv)general demand or market for the mineral; and
(v)any other matter as may be considered necessary from time to time
(3)The Director may, after making such enquires as he may deem necessary or appropriate issue Letter of Intent (LoI)for grant or renew of such license or refuse to grant or renew the same :Provided that the licensing authority shall not refuse to grant or renew license 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.
(4)Upon issue of the Letter of Intent (LoI) for grant/renewal of a license the applicant shall have to deposit the license fee as per Schedule-III of these rules within a period of 30 days and on deposit of the prescribed fees, the licensing authority shall issue or renew the said license in Form MD4.
(5)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 enough reason for the Licensing authority to treat the application as non- responsive and reject the same.
(6)The Licensing authority may of its own discretion refuse to grant or renew a license to such a person(s) who is/are convicted for any offence, under the Act or the rules made thereunder.