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State of Rajasthan - Section

Section 21 in The Rajasthan Minor Mineral Concession Rules, 1986

21. [ Special provisions for grant of mining lease of mineral marble or granite. [Substituted by Rajasthan Gazette Extraordinary dated 12/07/2013]

(1)Notwithstanding anything contained in these rules, mining lease of mineral marble shall be granted by the following procedure, namely:-
(i)Mining lease for mineral marble shall be granted only in favour of such applicant who undertakes to deploy the mine machinery prescribed in sub-rule (3) of rule 21 of the Marble Development and Conservation Rules, 2002, within a period of one year of registration of lease deed. The affidavit in this regard shall be submitted by the applicant along with the application form. If mine machinery has not been deployed within the prescribed period of one year, authority who has granted the lease may allow a further period of 6 months on payment of penalty equal to fifty percent of annual dead rent.
(ii)50% delineated plots to be allotted by way of lottery shall be distributed for allotment to the following category of persons, as per percentage mentioned against each category:-
(a) Persons who have installed marble gangsaw orautomatic tiling plant in the State. The applicant shall submitsatisfactory proof of his capability in this regard along withthe application form. Allotment of such plots shall be made bythe Director. 15%
(b) Persons who undertake to invest a minimum of Rs.10.00 crores for mechanization of mines and/ or installation ofexport oriented unit/processing plant(s) in the State andundertake to export at least 50% of the total product. Theapplicant shall submit satisfactory proof of his capability inthis regard along with the application form. Allotment of suchplots shall be made by the State Government. 5%
(c) Schedule Caste 7.5%
(d) Schedule Tribe 7.5%
(e) Other Backward Class 4%
(f) Special Backward Class 1%
(g) Unemployed graduates 3%
(h) Dependant of the Martyres of Defence Forces,Freedom fighters 2%
(i) General 5%
(iii)The size of plot granted under mining lease shall be 4.0 hectare but it may be changed by the Director for reasons to be recorded in writing:
Provided that in case of khatedari land, mining lease to the khatedar himself may be granted for an area equal to the extent of his land holding but in no case less than 0.5 hectare.Provided further that in case of gap area, where the size of plot/area available for grant is up to 2.0 hectare it shall be granted by way of tender to anyone adjoining lessee and the area so granted shall be added in his existing lease. Gap area more than 2.0 hectare in size shall be granted by way of open tender.Provided also that for the grant of 30 meter wide strip to the existing lessee as per the provisions of these rules, prior approval of Director shall be obtained by the Competent Authority.
(iv)No person shall acquire area(s) exceeding 8 hectares in the entire State:
Provided that area acquired under mining lease through auction or tender shall not be included in calculating the above limit of 8 hectares.Provided further that where any person has installed in the State two diamond gangsaws, capable of sawing marble block of 2.5 m x 1.5 m x 1.5 m or automatic tiling plants having main motor capacity of 150 HP or more, an additional area of 4 hectare may be granted to him. For each additional gangsaw or tiling plant an area of 4 hectare may be granted subject to the maximum area of 20 hectare.Provided also that an area up to 50.00 hectares may be granted by the State Government to a person who has made an investment exceeding Rs. 10.00 crores in mine mechanization or processing plant or has taken effective steps for mechanization of mine and/or installation of processing plants in the State.Explanation: A person who has acquired land and has made at least 50% of the capital investment envisaged in installation of gangsaw/tiling plant shall be deemed to have taken effective steps for the installation of such plant(s).Provided also that where mining lease(s) have already been granted, for area(s) exceeding the aforesaid limits such lease(s), shall remain in force.
(v)Mining lease granted under clause (ii) above, may be transferred to a person belonging to the same category after expiry of five years from the date of registration of lease deed.
(vi)Two or more existing mining leases may be amalgamated, to make an area up to 28.00 hectares, to facilitate scientific and mechanised mining.
(vii)Except otherwise provided in clause (i) to (vi) above, all other provisions of these rules shall apply for grant of mining lease for mineral marble.
(2)Notwithstanding anything contained in these rules, mining lease of mineral granite shall be granted by the following procedure, namely:-
(i)Mining lease for mineral granite shall be granted only in favour of such applicant who undertakes to deploy the mine machinery prescribed in Annexure-1 appended to these rules, within a period of one year of registration of lease deed. The affidavit in this regard shall be submitted by the applicant along with the application form. If mine machinery has not been deployed within the prescribed period of one year, authority who has granted the lease may allow a further period of 6 months on payment of penalty equal to fifty percent of annual dead rent.
(ii)50% delineated plots to be allotted by way of lottery shall be distributed for allotment to the following category of the persons, as per percentage mentioned against each category:-
(a) Persons who have installed granite processingplant or circular saw in the State. The applicant shall submitsatisfactory proof of his capability in this regard along withthe application form. Allotment of such plots shall be made bythe Director. 15%
(b) Persons who undertake to invest a minimum of Rs.10.00 crores for mechanization of mines and/ or installation of100% export oriented unit (E.O.U.)/processing plant(s) in theState and undertake to export at least 50% of the total product.The applicant shall submit satisfactory proof of his capabilityin this regard along with the application. Allotment of suchplots shall be made by the State Government. 5%
(c) Schedule Caste 7.5%
(d) Schedule Tribe 7.5%
(e) Other Backward Class 4%
(f) Special Backward Class 1%
(g) Unemployed graduates 3%
(h) Dependant of the Martyres of Defence Forces,Freedom fighters 2%
(i) General 5%
(iii)The size of plot granted under mining lease shall be 3.0 hectare but it may be changed by the Director for reasons to be recorded in writing:
Provided that in case of khatedari land, mining lease to the khatedar himself may be granted for an area equal to the extent of his land holding but in no case less than 0.5 hectare.Provided further that in case of gap area, where the size of plot/area available for grant is up to 1.5 hectare it shall be granted by way of tender to anyone adjoining lessee and the area so granted shall be added in his existing lease. Gap area more than 1.5 hectare in size shall be granted by way of open tender.Provided also that for the grant of 30 meter wide strip to the existing lessee as per the provisions of these rules, prior approval of Director shall be obtained by the Competent Authority.
(iv)No person shall acquire area(s) exceeding 9 hectares in the entire State:
Provided that area acquired under mining lease through auction or tender shall not be included in calculating the above limit of 9 hectares.Provided further that where any person has installed in the State diamond gangsaw capable of sawing granite block of 2.5 m x 1.5 m x 1.5 m or diamond circular saw having main motor capacity of 100 HP or more, an additional area of 6 hectares may be granted for each gangsaw/circular saw subject to the maximum area of 33 hectares.Provided also that an area up to 50.00 hectares may be granted by the State Government to a person who has made an investment exceeding Rs. 10.00 crores in mine mechanization or processing plant or has taken effective steps for mechanization of mine and/ or installation of processing plant(s) in the State.Explanation: A person who has acquired land and has made at least 50% of the capital investment envisaged in installation of diamond gangsaw/ diamond circular saw shall be deemed to have taken effective steps for the installation of such plant(s).Provided also that where mining lease(s) have already been granted for area(s) exceeding the aforesaid limit (s), such lease(s) shall remain in force.
(v)Mining lease granted under clause (ii) above, may be transferred to a person belonging to the same category after expiry of five years from the date of registration of lease deed.
(vi)Two or more existing mining leases may be amalgamated, to make an area up to 50.00 hectares, to facilitate scientific and mechanised mining.
(vii)Except otherwise provided in clause (i) to (vi) above, all other provisions of these rules shall apply for grant of mining lease for mineral granite.]