Section 42 in Chhattisgarh Minor Mineral Rules, 2015
42. Preferential Rights.
(1)Where a Prospecting Licence has been granted in respect of any land, the Licensee shall have a preferential right for obtaining a Quarry Lease, in respect of that land over any other person :Provided that the sanctioning authority is satisfied that the Licensee,-(a)has undertaken Prospecting Operations to establish mineral reserve in such land;(b)has followed the terms and conditions of the Prospecting Licence;(c)has not become ineligible under the provisions of this rule; and(d)has not failed to apply for grant of Quarry Lease, within ninety days after the expiry of Prospecting Licence.(2)In all other cases where direct applications for Quarry Leases have been invited through notification or otherwise, as the case may be, the preferential rights for grant of Quarry Leases shall be as follows,-(a)Co-operative Society/Association of Scheduled Tribes/Scheduled Castes/Other Backward Classes and co-operative society/ association of educated unemployed youths or individuals where more than fifty per cent., of the members belong to the concerned category and also where the Chairman of the Society is of the concerned category and also where the executive committee have the representation in the ratio of the members of the concerned category and belonging from Below Poverty Line families listed in the District Rural Development Agency or Educated Unemployed youth belonging to Scheduled Tribes/Scheduled Castes/Other Backward Classes in that order;(b)An Educated Unemployed youth belonging to Below Poverty Line families listed in the District Rural Development Agency;(c)Any other person belonging to Below Poverty Line families listed in the district Rural Development Agency;(d)Any other applicant:Provided that exclusive Co-operative Society/Association of Women or an individual woman shall have the preferential right over other applicants in the same order as provided in clause (a), (b), (c) and (d):Provided further that the above priorities shall hold good only if the applications are received within thirty days from the date of first application.(3)Whenever more than one application in any particular category is received by the Sanctioning Authority, while sanctioning a Quarry Lease, it shall take into consideration the following matters in respect of the applicants, namely :-(a)any special knowledge of or experience in mining;(b)technical and management experience of establishing, running and maintaining mineral based industry;(c)the nature and quality of the technical staff employed by the applicant;(d)the financial resources of the applicant; and(e)the proposed phased programme of establishing the industry.(4)Notwithstanding anything contained in sub-rule (1) or (2) the Sanctioning Authority shall record the reasons to grant a lease, in variance with the order of priority specified in sub-rule (1) and (2), in writing, with the prior approval of the State Government:Provided that in cases falling under category (a) to (d) in sub-rule (2), the grant of lease shall be subject to the condition that lessee shall work the mine directly and shall not hand it over to any other party for working :Provided further that the Sanctioning Authority may refuse to accord preference to the application of a Co-operative Society/Association, if he finds that the particular society does not work properly in the interest of the workers concerned.
