(1) No mining lease or quarry licence shall be granted,-
(i) except in accordance with the provisions of these rules;
(ii) to any person unless such a person is an Indian national, or a company as defined in clause (20) of section 2 of the Companies Act, 2013;
Explanation: for the purpose of these rules, a person shall be deemed to be an Indian national:-
(a) in case of a firm registered under Indian Partnership Act, 1932 or Limited Liability Partnership Act, 2008 or other association of individuals, only if all the members of the firm or members of the associations are citizens of India;
and
(b) in case of an individual, only if he/she is a citizen of India.
(iii) in the Schedule Area without obtaining prior recommendation of the Panchayati Raj Institutions at appropriate level as prescribed under the Rajasthan Panchayati Raj (Modification of Provisions in Their Application to the Schedule Areas) Act, 1999 (Act No. 16 of 1999);
(iv) in respect of lands notified by the Government as reserved for use for the Government or local authorities for any public or special purposes without obtaining prior permission from the concerned competent authority:
Provided that where leases have already been granted in said reserved areas, no prior permission shall be required for grant of gap area.
(v) to a person against whom or any member of his/her family or to a partnership firm or a private limited company against whom or any partner of the firm or any director of the private limited company or limited liability company as the case may be, or any member of his/her family or against a firm of which he/she or any member of his/her family is or was a partner, the dues of the department are outstanding:
Provided that where an injunction order has been issued by a court of law or any other competent authority staying the recovery of any such dues, the non-payment thereof shall not be treated as disqualification for the purpose of grant.
(2) No mining lease or quarry licence shall be granted unless an approved mining plan or simplified mining scheme, as the case may be, is submitted by the applicant.
(3) No mining lease shall be granted in the existing quarry licence area and vice versa.
____________________________________________________________________________________
1. Deleted vide Notification dated 14.03.2018 15
(4) The existing rent cum royalty leases which are in operation on the date of commencement of these rules and still not converted into quarry licence, shall be deemed to have been converted into quarry licence and size of such quarry licence shall remain unchanged.