Granite Policy, 1995

Granite Policy, 1995

009

[Effective from 18-1-1995 to 2-3-2002]

Procedure for Grant of Mining Lease for Granite

Mines (Gr.II) Department

Notification No. E 12(78)Khan/Gr-2/91, January 18, 1995— In exercise of the powers conferred by rule 65A of the Rajasthan Minor Mineral Concession Rules, 1986 the State Government in the interest of Mineral Development, hereby Notification the procedure for grant of mining lease for granite as under, namely:

1. Delineation and Notification of plots— (1) Mining lease in the Government land shall be granted by auction or by inviting tenders or applications as decided by Government after delineation of plots of the prescribed size.

(2) The plots so delineated shall be Notification for grant of mining lease by the Director with the prior approval of the Government, in at least two daily news papers having wide circulation in the State. Such Notification shall be published at least 30 days before the date of auction or as the case may be date of receipt of tender or application.

(3) The size of plot shall be 2.25 hectares but it may be changed by Director for reasons to be recorded in writing.

2. Restrictions on grant and renewal of mining lease— (I) Restrictions provided under rule 4 of the Rajasthan Minor Minerals Concession Rules, 1986 shall apply in respect of a mining lease granted or renewed under this Notification.

(2) Mining lease shall be granted only in favour of such applicant who undertakes to deploy the mine machinery prescribed under Annexure-A within six months from the date of commencement of the lease.

(3) No person shall acquire an area exceeding 4.50 hectares in the entire State;

Provided that where mining leases have already been granted for areas exceeding the aforesaid limit, it may not be reduced;

Provided further that for the persons referred to in part (i) and (ii) of sub-clause (I) of clause 4, the maximum area shall not exceed 22.50 hectares;

Provided further also that where any person has installed [in the State] one or more gangsaws each having main motor capacity of minimum 100 H.P. and capable of sawing granite block of 3mx1.5mx1.5m size or one or more circular saws of minimum 2 meters diameter or has taken effective steps to install such gnagsaws or circular saws, he may be granted area upto the limits specified below:-

Explanation:

An applicant who has signed MOU with RIICO/BIP or acquired land and has made at least 50% of the total capital investment envisaged in installation of gangsaw(s) or circular saw(s), shall be deemed to have taken effective steps for installation of such plant(s).

(4) For the purpose of determining the total area referred to in sub-clause (3), the area already held under a mining lease by an applicant individually or as a member of a cooperative society, company or corporation or a Hindu Undivided Family or partner of a firm shall be deducted from the maximum area which could be granted.

3. Suitability of persons for grant of mining lease:— (1) Where applications are invited for grant of a mining lease, all applications received within 30 days from the date Notification in the news papers shall be considered on the same footing irrespective of the date of submission of the applications;

Provided that during the aforesaid period of 30 days, all applications shall be received in a sealed cover and opened after completion of the said period.

(2) Separate application shall be made for each plot.

(3) Where two or more applications referred to in sub-clause ( I ) are received for the same plot from the eligible persons, the competent authority may grant mining lease to one of the applicants by the method of lottery;

Provided that where the applicant selected for grant of mining lease fails to comply with the provisions of rule 19 of the Rajasthan Minor Minerals Concession Rules, 1986 the order of grant shall be revoked and [the mining lease shall be granted to the applicant next in the panel of three applicants drawn during the lottery]

[(4) Notwithstanding anything contained in the sub-clauses (1), (2) and (3), if any person personally intimate in writing to the Director of Mines & Geology or any other officer authorised by him in this behalf, about the search and occurrence of a new granite deposit in the Government land and furnishes the location map of the granite deposit, mining lease(s) may be granted to him on preferential basis after delineation of plots in the area;

Provided that the deposit has been searched exclusively by the person seeking allotment on preferential basis and no assistance of any employee of the Department of Mines & Geology or of any other Government department or agency has been taken in searching the deposit;

Provided further that the maximum area which may be granted to such person shall be as per sub-clause (3) of clause 2;

Provided also that no area falling within a distance of 3 kms. from the existing/delineated area for granite shall be considered as a new granite deposit.]

[(5) If a person has installed or intends to install an export oriented unit in the State and has obtained permission from Government of India for diverting any reserve forest and for mining purpose as per the provisions of the Forest Conservation Act 1980, such person shall be granted mining lease for granite on preferential basis subject to the provisions of sub-clause (3) of clause 2.]

4. Grant of mining lease to persons having processing plant(s):—(1) [Sixty]percent of the plots delineated in the Government land shall be kept reserved as under :

(i) [Ten] percent of the plots shall be kept reserved for persons who undertake to insure a minimum capital investment of Rs.10 crores in the mines and/or in installation of processing plant(s) within the State. Such person shall also enter into agreement and sign Memorandum of Understanding (MOU) in this regard with RI ICO/BIP.

(ii) Ten percent of the plots shall be kept reserved for persons who have installed or have taken effective steps to install export oriented processing unit(s) (EOR) [in the State].

(iii) Ten percent of the plots shall be kept reserved for the persons who have installed or have taken effective steps to install processing plant(s) [in the State] in terms of sub-clause (3) of clause 2 of this Notification.

[(iv) Ten percent of the plots shall be kept reserved for persons who undertake to invest a minimum of Rs. 10 crores for mechanisation of mines and/or installation of processing plant(s) in the State. Allotment of such plot(s) shall be made on the basis of recommendations of the following committee —

(a) Mines Secretary

(b) Finance Secretary (c),Industries Secretary

(c) Managing Director, RIICO

(d) Director Mines & Geology

(v) Twenty percent of the plots shall be kept reserved for persons belonging to Scheduled Castes/Scheduled Tribes;

Provided that mining lease(s) so granted under the provision of this sub-clause shall not be allowed to be transferred.]

(2) The plots reserved under sub-clause (1) shall be decided and approved by the Director and clearly mentioned in the Notification to be issued under clause 1 of this Notification.

(3) Entrepreneurs who have not signed MOU with RI ICO/BI P, shall submit details of the existing plant(s) if any, and the details of the plant(s) for which effective steps have been taken by them in case they apply for grant of lease on the basis of such plants. The details submitted shall be examined and verified by RIICO and a report on the same shall be sent to the Director by RIICO within a period of one month from receipt of such details by RIICO.

(4) Entrepreneurs who apply for grant of lease on the basis of an undertaking to install processing plant(s) shall submit project report particularly mentioning therein the source from where funds for investment will be drawn and the time within which the proposed plant will be installed. The project report shall be submitted either with the application made for grant of mining lease or within 30 days of the date of submission of the said application. A copy of the Project Report shall also be submitted to RIICO by the entrepreneur who will examine the same and send its recommendation to the Director within a period of one month from the date of receipt of the project report.

5. Grant of Mining Lease in khatedari or other private lands:— In case of Khatedari other private lands, mining lease shall be granted in favour of khatedar of private land holder or such other person having acquired surface rights from the khatedar or land owner on the basis of mutual legal agreement and subject to the conditions that the applicant agrees to undertake mining operations by deploying the mine machinery prescribed in Annexure-'A'.
6. Grant of mining lease in the existing areas:— In the existing areas where applications for grant of mining leases were invited from time to time under Notification No. F.12(78)Khan/Gr.-II/91 dated 25-11-91 published in Rajasthan Gazettee Extraordinary on 27-11-91, the following procedure shall be adopted —

(i) The pending applications received in respect of plots Notification before issue of this Notification shall be disposed of in terms of the policy in force at the time of submitting the said application.

(ii) The plots on which no application has been received or the sanction order was issued but the same has been revoked, shall be re-delineated as per provisions of this Notification.

(iii) Mining lease of re-delineated plot shall be granted as per procedure laid down in this Notification.

7. Supersession:—This Notification subject to provisions of sub-clause (1) of clause 6 shall supersede all earlier Notifications, circulars or any other direction whatsoever issued in the matter of grant of mining lease for granite.

Annexure A

Mine Machinery to be Deployed

[Published in Rajasthan Gazette Ex. Ordi. Part VII, Dt. 18-1-95 Page 120]