Section 5 in Rajasthan Minor Mineral Concession Rules, 2017
5. Rights of a holder of letter of intent to obtain a [mining lease or quarry licence.] [Substituted 'mining lease' Notification No. G.S.R. 62, dated 30.8.2017 (w.e.f. 28.2.2017).]
(1)Where the competent authority has issued a letter of intent before commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 for grant of a mining lease under the Mineral Concession Rules, 1960, notwithstanding anything contained in these rules, such application shall be considered as if received under these rules subject to payment of difference of application fee and premium amount equal to two and half times of the dead rent or as may be prescribed by the Government, from time to time, which shall be payable every year in advance and shall not be adjusted against dead rent or royalty. Such application shall be disposed off by the competent authority as per the provisions of sub-rule (2), (3), (4) and (5) of rule 16:Provided that premium amount shall stand revised automatically on enhancement of the dead rent and the lessee shall be liable to pay such enhanced premium.Provided further that where letter of intent has been issued in khatedari land, registered consent deed of khatedar shall be submitted within a period of three months from the date commencement of these rules, if such consent deed is not submitted within a period of said three months, the application shall be rejected and application fees, premium amount and performance security deposited shall be forfeited, after providing an opportunity of being heard by issuing notice of thirty days.(2)Where the letter of intent has been issued after determining premium through tender or auction under the Rajasthan Minor Mineral Concession Rules, 1986 notwithstanding anything contained in these rules, such application shall be considered as if received under these rules and shall be disposed off by the competent authority as per the provisions of [Rule 16 or Rule 17, as the case may be] [Substituted 'sub-rule (2), (3), and (4) of rule 16' Notification No. G.S.R. 62, dated 30.8.2017 (w.e.f. 28.2.2017).]:Provided that such letter of intent holder shall deposit remaining amount of premium as per the conditions of notice inviting tender before execution of [lease deed or issuance of quarry licence, as the case may be.] [Substituted 'lease deed' Notification No. G.S.R. 62, dated 30.8.2017 (w.e.f. 28.2.2017).](3)Where it appears that the application is not complete in all material particulars or is not accompanied by the required documents, the competent authority shall reject the application and forfeit the application fees, premium amount and performance security deposited, after providing an opportunity of being heard by issuing notice of thirty days.(4)All cases covered under this rule shall be protected subject to fulfillment of the conditions of the letter of intent within a period of one year from the date of commencement of these rules and this period of one year shall include execution [and registration of mining lease or issuance of quarry licence, as the case may be] [Substituted 'and registration of mining lease' Notification No. G.S.R. 62, dated 30.8.2017 (w.e.f. 28.2.2017).], failing which the right of such applicant shall be forfeited and in such cases, it would not be mandatory for the Government to issue any order in this regard.
