12. Grant of a mining lease or quarry licence in Khatedari or other private land :
In case of Khatedari or other private land mining lease/quarry licence shall be granted or renewed in favour of Khatedar or private land holder or such other person having acquired surface rights from the khatedar or land owner on the basis of mutual legal agreement and subject to the conditions that the applicant agrees to undertake mining operations by deploying the mine machinery prescribed in the [Sub-rule (3) of Rule 21 of the Marble Development and conservation Rules- 2002] [Substituted by G.S.R. 113; Notification No. F15(20)Mines/Gr.II/94 Part dated 24-3-2011 Published in Rajasthan Gazette Part 4(C) dated 24-3-2011.].Provided that in case of khatedari and other private land, the area which was previously held or which is being held under a mining lease/quarry licence or in respect of which the order of grant has been made but the same has been revoked shall be treated as available for grant after the date of tennination or surrender or revocation of the mining lease/quarry licence without a Notification issued under the provisions of vile 59 or 27C of the Rajasthan Minor Mineral Concession Rules, 1986 as the case may be, for declaring the area free for re-grant.Provided further that the size of area granted in the Khatedari or other private land shall as for as possible be 4.00 hectares subject to the condition that if the applicant is Khatedar or land holder himself where the size of area may be upto the extent of land holdings in his favour but in no case it shall be less than 0.50 hectares.Provided also that where the available area is less than 2.00 hectare and surrounded by two or more existing lease/quarry licence as provided in rule 11 of the Rajasthan Minor Mineral Concession Rules, 1986, it shall be granted to any one adjoining lessee/quarry holder on the basis of NOC of the Khatedar/land holder to such person and the new area shall be added to the existing lease quarry licence.
