Section 4 in The Rajasthan Minor Mineral Concession Rules, 1986
4. Restriction on grant and renewal of mining lease.
(1)No mining lease shall be granted in respect of such mineral/minerals as Mining Engineer/Assistant Mining Engineer may notify in this behalf within his jurisdiction with the approval of the Director.(2)No mining lease shall be granted to a person who is not a citizen of India unless prior approval of the Government of India has been obtained.(3)[***] [Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994](4)[ (i) No mining lease shall be granted or renewed to a person against whom or any member of his/her family or against a firm of which he/she is or was a partner, the dues of the Department are outstanding.(ii)No mining lease shall be granted in favor of a partnership firm or a private limited company unless a no dues certificates of Department is submitted by all partners of the partnership firm or all members of the private limited company as the case may be.Provided that where an injunction order has been issued by a court of law or any other competent authority staying the recovery of such dues, the non payment there of shall not be treated as disqualification for the purpose of grant or renewal of any mining lease.] [Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994](5)No mining lease shall be granted or renewed in respect of lands notified by the Government as reserved for use of the Government or local authorities for any other public or special purposes.(6)No mining lease shall be granted or renewed in the forest area without clearance from the Central Government in accordance with the Forest (Conservation) Act, 1980 and the rules made thereunder.(7)Unless otherwise notified by the Mining Engineer/Assistant Mining Engineer no mining lease shall be granted in the area in which quarry licences are in the process of grant for a particular mineral. [The process of grant of quarry licences shall be deemed to have started from the date of entry made in the register of mining lease mentioned in rule 10(2).] [Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994](8)[***] [Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996](8)[No prospecting licence, mining lease or any other mineral concession in respect of a [minor mineral shall be granted or renewed] [Added by Government Notification dated 12/04/2002] in the Schedule Area without obtaining prior recommendation of the Panchayati Raj Institutions at appropriate level as prescribed under Rajasthan Panchayati Raj (Modification of provisions in their Application to the Schedule Areas) Act, 1999 (Act No. 16 of 1999).](9)[ No fresh mining lease shall be granted to a person, who has committed offence under rule 48 and/or 68, for next five years from the date of offence.] [Added by Rajasthan Gazette Extraordinary dated 28/01/2011](10)[ No mining lease in Government land, including the forest land for which diversion is granted by the Central Government under Forest (Conservation) Act, 1980, shall be granted on an application by the applicant unless the area is delineated and applications are invited by the Government. All the applications which are presented in Government Land upto 27-01-2011, except the application presented by person having preferential right under the rule 3N or sub-rule (1) of rule 11, in respect of which lease deed as per rule 19 has not been executed shall be rejected.] [Substituted by Rajasthan Gazette Extraordinary dated 03/04/2013](11)[ No mining lease in khatedari land shall be granted to a person other than khatedar or a person having registered consent of khatedar.] [Added by Rajasthan Gazette Extraordinary dated 25/05/2012](12)[ No Mining Lease Shall Be Granted Or Renewed In Contravention Of Environment Impact Assessment Notification Dated 14.09.2006 Issued By The Ministry Of Environment and Forest, Government of India, as amended from time to time.] [Added by Rajasthan Gazette Extra Ordinary dated 19/06/2012]
