Section 21 in Chhattisgarh Minor Mineral Rules, 1996
21. Preferential Rights.
- [(1) * * * *] [Omitted by Notification No. 7-22/2003/M, dated 09-09-2003.](2)Minerals specified at S.No. 2 to 7 of Schedule 1 and Minerals specified in Schedule II -(i)Co-operative Society/Association of Scheduled Tribe/Scheduled Caste/Backward Classes, Co-operative Society/Association of educated unemployed youths or individuals where more than fifty per cent, of the members belong to the concerned category and also where the Chairman of the Society is of the concerned category and also where the executive committee have the representation in the ratio of the members of the concerned category and hail from below Poverty Line families listed in the District Rural Development Agency or educated unemployed youth belonging to Scheduled Tribe/Scheduled Caste/Backward Classes in that order;(ii)An educated unemployed youth belonging to below Poverty Line families listed in the District Rural Development Agency;(iii)Any other person belonging to below Poverty Line families listed in the district Rural Development Agency;(iv)Any other applicant:[Provided that exclusive Co-operative Society/Association of Women or an individual woman shall have the preferential right over other applicants in the same order as provided in clause (i), (ii), (iii) and (iv).] [Inserted by Notification No. 19-53-87-XII-2, dated 21-01-1998.][Provided further that] [Substituted by Notification No. 19-53-87-XII-2, dated 21-01-1998.] the above priorities shall hold good only if the applications are received within one month from the date of first application.(3)Whenever more than one application in any particular category are received for minerals of Schedule I for an area, the Sanctioning Authority shall while sanctioning a quarry lease take into consideration the following matters in respect of the applicants-(i)Any special knowledge or experience of mining and export;(ii)Technical and special management experience of establishing, running and maintaining cutting polishing industry'; and(iii)The nature and quality of the technical staff and the plant and machinery deployed or to be deployed by the applicant;(iv)The financial resources of the applicant;(v)The proposed phased programme of establishing the industry;[Notwithstanding anything contained in sub-rule (2), it shall be competent for the Sanctioning Authority for reasons to be recorded in writing and with the prior approval of the State Government to grant a lease in variance with the order of priority specified in sub-rule (2)] [Substituted by Notification No. 7-22/2003/M, dated 09-09-2003.] :Provided that in cases falling under category (i) to (iv) in sub-rule (2), the grant of lease shall be subject to the condition that lessee shall work the quarry directly and shall not hand it over to any other party for working :Provided further that the Sanctioning Authority may refuse to accord preference to the application of a Co-operative Society/Association if he finds that the particular society does not work properly in the interest of the workers concerned.The lessee shall give priority in employment to the resident of the village in which the quarry' lease is granted.
