Section 4 in Rajasthan Minor Mineral Concession Rules, 2017
4. Rights of a holder of a prospecting licence to obtain a mining lease.
(1)A holder of a prospecting licence granted prior to commencement of these rules shall not have right of renewal but have preferential rights for obtaining a mining lease in respect of that mineral in that land, if the Government is satisfied that the licencee, -(i)has undertaken prospecting operations to establish mineral resources in such land;(ii)has not committed any breach of the terms and conditions of the prospecting licence;(iii)is otherwise a fit person for being granted the mining lease; and(iv)undertakes to pay premium amount equal to two and half times of the dead rent or as may be determined by the Government from time to time, which shall be payable every year in advance and shall not be adjusted against dead rent or royalty:Provided that premium amount shall stand revised automatically on enhancement of the dead rent of the lease and the lessee shall be liable to pay such enhanced premium.Provided further that all the applications pending for renewal of prospecting licence on the date of commencement of these rules shall be deemed to have been rejected. Applicant of such application may apply for mining lease within a period of three months from the date of commencement of these rules.(2)An application for grant of a mining lease shall be submitted online by the licencee in Form -1 to the Mining Engineer or Assistant Mining Engineer concerned, with a non-refundable fee of rupees ten thousand along with first installment, being twenty five percent of the premium amount, within a period of three months after the expiry of the prospecting licence.(3)Every online application for grant of a mining lease shall be accompanied with scanned copy of following documents, namely: -(i)a copy of PAN card, if the applicant is individual and copies of PAN card of all the partners, members or directors in case the applicant is a firm or association of person or company, as the case may be. Applicant shall also submit copy of TIN number in case of a partnership firm or association of persons or a company;(ii)a copy of driving licence or passport or voter identification card or aadhar card for photo identity and address proof;(iii)a copy of partnership deed and firm registration certificate in case of partnership firm issued under the Indian Partnership Act, 1932 or Limited Liability Partnership Act, 2008 or a copy of memorandum of association, articles of association and certificate of incorporation in case of company registered under the Companies Act, 2013;(iv)a copy of resolution passed by the board of directors in favour of a person who is authorized to sign the application on behalf of the company;(v)a copy of registered power of attorney in favour of a person who is authorized to sign the application, on behalf of the firm or association of persons where application is not signed by all the partners or persons as the case may be;(vi)a copy of no dues certificate from the Mining Engineer or Assistant Mining Engineer, concerned, if the applicant or his/her family member holds or has held any mineral concession or royalty or excess royalty collection contract in the State:Provided that such certificate shall also be furnished by all the members of association of person or all the partners of the partnership firm or all the directors of the private limited company, in case the applicant is a association of person or partnership firm or a private limited company as the case may be. A no dues certificate shall also be submitted by the company or undertaking in case of limited company or Government undertaking as the case may be.Provided further that where any injunction has been issued by the competent court or authority staying the recovery of the dues, non-payment thereof, shall not be treated as a disqualification for the grant of a mining lease.Provided also that no dues certificate shall not be required where the applicant, partners of a firm, directors of the private limited company, members of association of persons, limited company or Government undertaking have furnished an affidavit to the satisfaction of the Government, stating that he/she/it or his/her family member does not or did not hold any mineral concession, royalty or excess royalty collection contract in the State.(vii)a copy of an affidavit giving particulars of areas already held by the applicant under mineral concession including the area held jointly with other persons, area applied but not granted and granted but not executed or registered;(viii)e-mail address and mobile number of an individual or all members of association of persons or firm or all partners of the partnership firm or company or all the directors of the company or Government undertakings, as the case may be;(ix)a recent passport size color photo of applicant and all the partners, members or directors in case the applicant is a firm or association of person or company, as the case may be;(x)a copy of plan and description report of the applied area with latitude and longitude in WGS 84 Datum of all the corner pillars of the applied area; and(xi)a copy of revenue details of the applied area with khasra naksha trace, khansra or araji number, jamabandi and extent of the area of the khasra or aaraji falling in the applied area along with superimposed map.(4)The holder of such prospecting licence who has already made an application for the grant of a mining lease before commencement of these rules, shall not be required to submit a fresh application and his pending application shall be treated as an application made under this rule subject to payment of difference of application and premium amount as specified in sub-rule (2) within a period of two months from the commencement of these rules.(5)Every application submitted under sub-rule (2) shall be acknowledged, in Form -2, online at the time of submission of application.(6)Duly signed application along with self-certified documents as mentioned in sub-rule (3) shall be physically submitted to the Mining Engineer or Assistant Mining Engineer concerned, within a period of fifteen days from the date of its online submission and same shall be acknowledged by the office concerned.(7)An application for grant of mining lease shall be disposed off by the competent authority as per the provisions of sub-rule (2), (3), (4) and (5) of rule 16 and the decision shall be communicated on registered address and e-mail of the applicant.(8)Where it appears that the application is not complete in all material particulars or is not accompanied by the required documents, the competent authority shall reject the application and forfeit the application fees, premium amount and performance security deposited, after providing an opportunity of being heard by issuing notice of thirty days.(9)Applications under this rule shall be disposed off, including execution and registration of mining lease, within a period of two year from the date of commencement of these rules or after expiry of the licence period, whichever later, failing which the right of such applicant shall be forfeited and in such cases, it would not be mandatory for the Government to issue any order in this regard.
