Section 6 in Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015
6. Restriction on grant of mining lease.
(1)No mining lease shall be granted in respect of land within a distance of two kilometres from the immediate outer limits of Municipal Corporation/Municipal Committee, one kilometre from the immediate outer limits of Nagar Panchayat, except under special circumstances by the Competent Authority.(2)No mining lease shall be granted upto 100 metres from the edge of National Highway/Express way, 25 metres from the edge of State Highway and 10 metres from the edge of other roads except on special exemption by the Joint Inspection Committee.(3)No mining operation shall be permitted within a distance stipulated by the Joint Inspection Committee from public utilities.[***] [Omitted '(4) No mineral concession shall be granted to a person who does not hold a Certificate of Approval' by Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.].(5)No mining lease shall be granted to a person who is not a citizen of India.(6)No mining lease and installation of stone crusher shall be granted to a person in a Scheduled area without the prior recommendation of the concerned Gram Sabha.(7)In areas other than Scheduled area for granting mining lease and permission for installation of stone crusher, the concerned Gram Panchayat shall be consulted and it shall be incumbent upon the Gram Panchayat to convey its approval or refusal within a period of three months failing which it shall be deemed that the Gram Panchayat has no objection. In case of refusal or any objection raised by the concerned Gram Panchayat, sufficient reasons for such refusal/objection shall be recorded in writing. The objection shall be reviewed/decided by the granting authority after taking input/opinion from the Joint Inspection Committee:Provided that for grant of mining lease of brick earth and ordinary earth clay in private lands having an area less than 5-00 Hectares, no consultation and approval of the Gram Panchayat concerned shall be required.(8)No mining lease shall be granted in the forest area without forest clearance from the Central Government in accordance with the provisions of the Forest Conservation Act, 1980 and the rules made thereunder.(9)No mining lease shall be granted in respect of any such minor mineral as the Government may notify in this behalf from time to time.
