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[Cites 0, Cited by 0] [Section 22] [Entire Act]

Union of India - Subsection

Section 22(3) in The Mineral Concession Rules, 1960

(3)
(i)Every application for the grant or renewal of a mining lease shall be accompanied by-
(a)[a non-refundable fee of two thousand and five hundred rupees;] [ Substituted by G.S.R. 21(E), dated 11.1.2002 (w.e.f. 11.1.2002).]
[* * *] [ Sub-Clauses (b) and (c) omitted by G.S.R. 86(E), dated 10.2.1987.]
(d)[ a valid clearance certificate, in the form prescribed by the State Government on payment of mining dues, such as, royalty or dead rent or surface rent payable under the Act or the rules made thereunder, from that Government or any officer or authority authorised by that Government in this behalf:] [ Inserted by G.S.R. 1117, dated 23.5.1970.]
[Provided that in case the applicant is a partnership firm or a private limited company, such certificate shall be furnished by all partners of the partnership firm or, as the case may be, all members of the private limited company:] [ Added by G.S.R. 129(E), dated 20.2.1991.][Provided that where any injunction has been issued by Court of law or any other competent authority staying the recovery of any such mining dues or income-tax, non-payment thereof shall not be treated as a disqualification for the purpose of granting or renewing the said mining lease:Provided that where a person has furnished an affidavit to the satisfaction of the State Government stating that he does not hold and has not held a mining lease, it shall not be necessary for him to produce the said valid clearance certificate:Provided that a properly sworn affidavit stating that no dues are outstanding shall suffice subject to the condition that the certificate required as above shall be furnished within ninety days of the date of application and the application shall become invalid if the party fails to file the certificate within the said ninety days:Provided further that the grant of clearance certificate under sub-clause (d) shall not discharge the holder of such certificate from the liability to pay the mining dues which may subsequently be found to be payable by him under the Act or rules made thereunder;] [ Inserted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).][* * *] [ Sub-Clause (e) omitted by G.S.R. 724(E), dated 27.9.1994.];
(f)an affidavit stating that the applicant has-
(i)filed up-to-date income-tax returns;
(ii)paid the income-tax assessed on him; and
(iii)paid the income-tax on the basis of self-assessment as provided in the Income-tax Act, 1961;
(g)an affidavit showing particulars of area mineral-wise in [the] [ Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).] State, which the applicant or any person jointly with him-
(i)already holds under a mining lease;
(ii)has already applied for but not granted;
(iii)being applied for simultaneously;
(h)[ a statement in writing that the applicant has, where the land is not owned by him, obtained surface rights over the area or has obtained consent of the owner for starting mining operations: [ Substituted by G.S.R. 129(E), dated 20.2.1991.]
Provided that no such statement shall be necessary where the land is owned by the Government:Provided further that no such consent of the owner for starting mining operations in the area or part thereof may be furnished after execution of the lease deed but before entry into the said area:Provided also that no further consent would be required in the case of renewal where consent has already been obtained during grant of the lease.][* * *] [ Fourth, fifth, sixth and seventh provisos omitted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).]
(ia)[ The State Government may, for reasons to be recorded in writing, relax the provisions of sub-clause (d) of clause (i).] [ Inserted by G.S.R. 1117, dated 23.5.1970.]
(ii)Every application for the grant of a mining lease shall in addition to those specified in clause (i) be accompanied by a deposit of [one thousand rupees] [ Substituted by G.S.R. 888, dated 18.10.1986.] for meeting the preliminary expenses in connection with the grant of the mining lease:
[Provided that the applicant shall deposit such further deposit as may be asked for the State Government, within one month from the date of demand of such deposit.] [ Inserted by G.S.R. 1011, dated 19.7.1965.]