Section 12 in Bihar Minor Mineral Concession Rules, 1972
12. Preferential right for obtaining mining lease.
(1)In granting the mining lease, the Collector shall give preference to Government Departments, Public Sector Undertakings of the State or Central Governments, Local body, [and Co-operative Society] [Inserted by S.O. 1063 dated 16.10.1989.] where the lease is required for work directly concerned with the Department, undertaking or body, if they fulfil the conditions required for the grant of mining lease.[However, the Collector may give preference to such Co-operative Society all the members/share-holders of which belong to [Scheduled Tribe or Scheduled Caste] [Inserted by S.O. 1063 dated 16.10.1989.] and which has duly been registered under Bihar and Orissa Co-operative Societies Act, 1935.](2)Subject to the provisions of Rule 12(1), where two or more persons have applied for mining lease in respect of the same land, the applicant whose application was received earlier shall have a preferential right for the grant of the lease over the applicant whose application was received later:Provided that where any such applications are received on the same day, the Collector, after taking into consideration the matters specified in sub-rule (3), may grant mining lease to such one of the applicants as he may deem fit.(3)The matters referred to in the proviso above shall be the following namely:-(a)The experience of the applicants in quarrying business;(b)Financial soundness and stability of the applicant;(c)The end use of the mineral by the applicant;(d)Any other matter which the Government may prescribe.(4)No applicant shall claim any priority by reason only of the fact that he had previously worked in the area to which the application relates.(5)In the case of application for mining lease filed prior to the commencement of these Rules and pending after such commencement priority will remain unaltered provided the applicant complies with the requirement of these Rules within 30 days from the date of the receipt of a requisition on this behalf by the [Competent Officer] [Substituted for 'Collector' by S.O. 867 dated 21.8.1972.],(6)Notwithstanding anything contained in sub-rule (2), the Collector may, for any special reasons to be recorded and with the previous approval of the Government, grant a mining lease to an applicant whose application was received later in preference to an applicant whose application was received earlier.
