Section 9 in The U.P. Minor Minerals (Concession) Rules, 1963
9. Preferential right of certain persons.
(1)Where two or more persons have applied for a mining lease in respect of the same land the applicant whose application was received earlier shall have a preferential right for the grant of lease over the applicant whose application was received later:Provided that where such application are received on the same day, the State Government may, after taking into consideration the matters specified in sub-rule (2), grant the mining lease to such one of the applicants it may deem fit.(2)The matters referred to in sub-rule (1) are-(a)Any special knowledge or experience in mining operations possessed by the applicant;(b)The Financial resources of the applicant;(c)The nature and quality of the technical staff employed or to be employed by the applicant;(d)The conduct of the applicant in carrying out mining operations on the basis of any previous lease or permit and in complying with conditions of such lease or permit or the provisions of any law in connection therewith; and(e)In respect of mining lease for sand or morrum or bajari or boulder or any of these in mixed state, exclusively found in the river bed, if other things are equal, preference shall be given to a person or group of persons, whether incorporated or not who belong to Socially Educationally Backward Classes (such as Mallah, Kewat, Bind, Nishad, Manjhi, Batham, Dhiwar, Themer, Chai, Sirahia, Turha, Raikwar, Kaiwrt, Khulwat, Tiyar, Gaudia, Godia and Kashyap) and other such castes of citizens, as notified by the State Government from time to time who have obtained a certificate in From MM-14 from the concerned District Officer, or such other Officer authorized in this behalf by the State Government, certifying that such person/persons is/ are traditionally engaged in excavation of sand/morrum for their livelihood and who are resident of the District for which the application has been given;(f)Such other maters as may be considered necessary by the State Government.(3)Notwithstanding anything contained in sub-rule (1) and (2), the State Government may, for any special reasons to be recorded grant a mining lease to an applicant whose application was received later in preference to an applicant whose application was received earlier.
