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[Cites 0, Cited by 0] [Section 8] [Entire Act]

State of Gujarat - Subsection

Section 8(2) in Gujarat Minor Mineral Concession Rules, 2010

(2)Where two or more persons have applied for a quarry lease in respect of the same land, the quarry lease shall be granted to the applicant in the following order of priority,-
(i)a person who has set up a mineral based industry in the State which consumes the minor mineral as raw material in the industrial units established in the State;
(ii)a local authority, Board, Corporation under the State Government or a cooperative society;
(iii)a person who intends to set up a mineral based industry in the State;
(iv)other applicants:
Provided that where a person holding a mining lease in respect of an area applies for a quarry lease in respect of that area, he may be given priority over all other applicants:Provided further that where two or more persons of the same category mentioned in clause (i) to (iv) have applied for a quarry lease in respect of the same land on the same day, the Competent Authority after taking into consideration the following matters, grant the lease to such one of the applicants or distribute the mineral bearing land in such manner between the applicants as it deems fit,-
(a)any special knowledge or experience in quarry possessed by the applicant;
(b)the financial resources of the applicant;
(c)the type and qualification of the technical staff employed or to be employed by the applicant;
(d)the investment which the applicant proposes to make in quarry and in the industry based on the mineral.
(e)such other matters as may be cancel mined by the Competent Authority:
Provided also that where the Competent Authority is satisfied that the person specified in clause (iii)above, to whom a quarry lease is granted has failed to establish an industry, within a period of two years may cancel the quarry lease, after giving him an opportunity of being heard and for the reasons recorded in writing.