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State of Rajasthan - Section

Section 11 in The Rajasthan Minor Mineral Concession Rules, 1986

11. Area of Mining Lease.

(1)The mining lease shall be granted for such area as the Government may deem fit. The Director may fix the area for the grant of a mining lease for a particular mineral and for a particular area, but it shall not be less than [1 Hectare] [Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994]. This limit shall however, [not apply for renewal of existing mining leases and also to the gap areas] [Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012] which are less than the minimum prescribed size.[Provided that where the gap area available free for grant is [less than one hectare] [Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994] and surrounded by three or more mining leases or by forest boundary or any other reserved land, such gap area shall be granted by auctions to any one of the surrounding lessees and the same shall be added in his lease.Provided further that where the gap area is [one hectare or above] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011], a separate mining lease shall be granted by way of open auction.Provided further also that in the case where application for grant of a mining lease has been received for an area exceeding the prescribed size and the applicant having been informed by the concerned Mining Engineer/Assistant Mining Engineer to reduce the area fails to reduce the same within given time, the application may be rejected by the Mining Engineer/Assistant Mining Engineer.][****] [Deleted by Rajasthan Gazette Extraordinary dated 12/07/2013][Provided also that 30 meter wide strip of Government land shall be kept reserved around the existing mining lease for allotment to adjoining lessees to enhance size of lease for scientific and safe mining. The area of strip shall be allotted on an application submitted by the lessee to the Mining Engineer/Assistant Mining Engineer concerned, after considering its merit [***] [Added by Rajasthan Gazette Extraordinary dated 24/03/2011] area of strip may be added to his existing mining lease. The existing lessee in whose lease, the strip is added shall pay, premium equivalent to four times of dead rent of the area to be added, in addition to dead rent as per rules".]
(2)No person shall acquire in respect of any mineral or prescribed group of associated minerals as prescribed in Schedule-III one or more mining leases covering total area of more than 10 Sq. Kms.[Provided that the above provision shall not be applicable for mining leases of mineral bajri.] [Substituted by Rajasthan Gazette Extra Ordinary dated 12/07/2013]Provided further that if the Government is of the opinion that in the interest of mineral development it is necessary to do so, it may for reasons to be recorded permit grant of mining leases [for an area] [Substituted by Rajasthan Gazette Extra Ordinary dated 12/07/2013] in excess of 10 sq. Kms.[***] [Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994]
(i)Notwithstanding anything contained in sub-rules (1) and (2) above, mining leases for specific projects approved by the Rajasthan State Industrial Investment Corporation, shall be granted on the recommendations of a committee appointment under the Chairmanship of the Mines Secretary.
(ii)For the purpose of determining the total area referred to in sub-rule (2) the area held under mining lease by a person as a member of a cooperative society, company or other corporation or a Hindu Undivided Family or a partner of a firm shall be deducted from the area referred to in sub-rule (2) above so that the total area held by such person under mining lease, whether as such member or partner or individually may not in any case exceed the total area specified in sub-rule (2).