Section 90 in The U.P. Minor Minerals (Concession) Rules, 1963
90. Preferential right for prospecting licence or mining lease where area has been declared under rule 104.
(1)Where the availability of area/areas are declared by the District Officer for grant of prospecting licence or mining lease under the provisions of rule 104, all the applications received during the period specified in such declaration shall be deemed to be received on the same day and shall be considered simultaneously after taking into consideration matters specified in sub-rule (2) and shall grant the mining lease to such one of the applicants as he/she may deem fit.(2)The matters referred to in sub-rule (1) are -(a)any special knowledge or experience possessed by the applicant.(b)an intent to establish any value addition or processing or manufacturing unit.(c)The Financial resources of the applicant.(d)The nature and quality of the technical staff employed or to be employed by the applicant.(e)The conduct of the applicant in carrying out mining operations on the basis of any previous lease or Permit and complying with conditions of such lease or permit of the provisions of any law in connection therewith; and(f)Such other matters, as may be considered necessary by the State Government.(3)Notwithstanding anything contained in sub-rules (1) and (2) leases for one third of the mining areas of Naxal affected villages as declared by the State Government by general order may be granted to the Self Assistance groups containing the members of the local residents where such leases are situated and such one third areas shall be marked for the purpose by the District Officer of the district, after seeking such approval from the State Government:Provided that those Self Assistance groups will be entitled for getting preference under sub-rule (3) in which one third members belong to Scheduled caste/ Scheduled Tribe/members of the casts traditionally engaged in sand mining such as Mallah, Kewat, etc. and are resident of the same village, where the lease areas are situated.
