Section 23 in The U.P. Minor Minerals (Concession) Rules, 1963
23. [ Declaration of area for e-tender/e-auction/e-tender-cum-e-auction lease. [Substituted by Notification No. 1868/LXXXVI-2019-57(Sa)/2017, dated 13.08.2019.]
(1)The State Government may by general or special order declare the area or areas with Geocoordinates which may be leased out by e-tender/e-auction/e-tender-cum-e-auction.(2)Subject to direction issued by the State Government from time to time in this behalf-(a)The area or areas for mining leases in respect of sand or morrum or bajari or boulder or any of these in mixed state exclusively found in the riverbed shall be leased out only by e-tender or e-auction or e-tender-cum-e-auction for the fixed period of five years at a time.(b)New area of natural rocks of building stones and earlier leased area/areas, which has/have been treated as redeemed after expiration of period of lease and will not be renewed, may be leased for a maximum period of twenty years only through the process of e-tender/e-auction/e-tender-cum-e-auction.Provided that the earlier leaseholder of the concerned lease area, whose lease had been determined recently, has to be accommodated an opportunity to offer bid of higher amount than the highest bid shorted out for the concerned lease, within one, working day after the finalization of the entire process of e-tender/e-auction/e-tender-cum-e-auction and before issuance of Letter of Intent, before the District Magistrate having territorial jurisdiction over the concerned lease area, however with conditions that-(I)The character of the earlier leaseholder bears good conduct;(II)He has abided fairly all the norms during the course of the entire lease period;(III)He has no any due amount concerning mineral/mining;(IV)His name is not mentioned inter alia black list;(V)He has been a lease - holder of the concerned area or more than(VI)that area and has produced certified document/s concerning the same;(VII)He has participated for bid as per the prescribed process/procedures through e-tender/e-auction/e-tender-cum-e-auction with the required proper document/s concerning the e-tender/e-auction/e-tender-cum-e-auction:Provided that the lease-holder of more than 2 hectare area will have to install stone crusher within 2 years from execution of lease deed.(c)Naturally available rock type such mining deposit which had been defined earlier as major mineral and that has been declared minor mineral, vide Notification No. 422, Dated 10-2-2015 issued by the Government of India and new mining area containing embedded Granites (sized dimensional) shall be leased out as prospecting license-cum-mining lease for the maximum period of thirty two (32) years in one term through the proper process of e-tender/ e-auction/e-tender-cum-cum e-auction, however out of the abovementioned period of thirty two years, two years period will be reserved for prospecting works and on being proved availability of mining the lease period shall be for maximum thirty (30) years.If any area has remained on lease since before or availability of mineral has already been approved within the concerned area then in such cases the mining lease will be approved directly for a maximum period of thirty years:Provided that the earlier lease-holder of the concerned lease area whose lease had terminated recently has to be accommodated an opportunity to offer bid of higher amount than the highest bid shorted out for the concerned lease, within one working day after the finalization of the entire process of e-tender/e -auction/e-tender-cum e-auction and before issuance of Letter of Intent, before the District Magistrate having territorial jurisdiction over the concerned lease area however with conditions that-(I)The character of the earlier lease-holder bears good conduct;(II)He has abided fairly all the norms during the course of the entire lease period;(III)He has no any due amount concerning mineral/mining;(IV)His name is not mentioned inter alia black list;(V)He has been a lease-holder of the concerned area or more than that area and has produced certified document/s concerning the same;(VI)He has participated for bid as per the prescribed process/procedures through e-tender/e-auction/e-tender-cum e-auction with the required proper document/s concerning the e-tender/e-auction/e-tender-cum e-auction.(d)Naturally available in-situ rock-type mineral found in private land of minimum area one hectare shall be leased out for a maximum period of 10 years through e-tender/e-auction/e-tender-cum e-auction;Provided that in respective mine area the District Magistrate after confirming the availability of mineral, suitability of area, certificate of land ownership, land owner's affidavit for consent, shall process e-tender/e-auction/e-tender cum e-auction after determination of quantity and period not exceeding ten years. The land owner/owners after completion of e-auction process of the area will take cognizance of the highest bid and within seven worldng days get an opportunity to present an offer higher than the highest bid before the District Magistrate having territorial jurisdiction over the concerned area. If this right of first refusal is not exercised by the land owner/owners, the lease will be approved in favour of the highest bidder and the land owner/owners will have the right to receive a compensation equal to the amount as decided by the State Government from time to time, which will be in addition to the amount payable to the State Government. Payment to land owner/owners will be mandatory along with the payment to the State Government.(e)Private land situated in the river bed of area minimum 1 hectare in which sand of morrum or Bajri or Boulder or any of these in mixed state is available shall be leased out for the maximum period of 6 months through e-tender/e-auction/ e-tender cum e-auction:Provided that in respective mine area the District Magistrate after confirming the availability of mineral, suitability of area, certificate of land ownership, land owner's affidavit for consent, shall process e-tender/e-auction/e-tender cum e-auction after determination of quantity and period not exceeding six months. The land ownner/owners after completion of e-auction process of the area will take cognizance of the highest bid and within seven working days get an opportunity to present an offer higher than the highest bid before the District Magistrate having territorial jurisdiction over the concerned area. If this right of first refusal is not exercised by the land owner/owners, the lease will be approved in favour of the highest bidder and the land owner/owners will have the right to receive a compensation equal to the amount as decided by the State Government from time to time, which will be in addition to the amount payable to the State Government. Payment to land owner/owners will be mandatory along with the payment to the State Government.(3)On the declaration of the area under sub-rule (1) the provisions of chapters II, III, VI and IX except Rules 10, 12, 17 and 93 shall not apply to the area or areas in respect of which the declaration has been issued. Such area or areas may be leased out according to the procedure described in this chapter.(4)The District Officer shall get the area or areas declared under sub-rule (1), evaluated for quality and quantity of mineral for fixing minimum bid or offer by the Director, Geology and Mining, Uttar Pradesh or by an officer authorised by him before the date fixed for e-tender/e-auction/e-tender-cum e-auction:Provided that the District Magistrate, if the need so arises, may, through the technical committee setup by the Government, assess the amount of minor mineral available in the river bed, once in a year, post monsoon. In case of disagreement between parties, the Director, Geology and Mining shall decide the matter and such decision shall be final.].
