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Section 5: Rights of a holder of letter of intent to obtain a 1[mining lease or quarry licence

RMMCR 2017 (updated upto 15.04.2025)State Rules of Rajasthan · 1957

(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 ____________________________________________________________________________________

1. Substituted vide Notification dated 30.08.2017 8 shall be considered as if received under these rules subject to payment of difference of application fee and 1[one time premium equal to two and half times of the dead rent which shall be payable] 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:

2[ ] 1[Provided] that where letter of intent has been issued in khatedari land, registered consent deed of khatedar shall be submitted 1[before grant of mining lease, if such consent deed is not submitted], 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 4[rule 16 or rule 17, as the case may be]:

Provided that such letter of intent holder shall deposit remaining amount of premium as per the conditions of notice inviting tender before execution of 4[lease deed or issuance of quarry licence, as the case may be].

3[(2A) Where the letter of intent has been issued through lottery or in khatedari land under the Rajasthan Minor Mineral Concession Rules, 1986 and the application was deemed rejected as per the provisions of rule 89 of these rules, notwithstanding anything contained in these rules, such application shall be considered as if received under these rules subject to payment of one time premium equal to two and half times of the dead rent or licence fee which shall be payable in advance and shall not be adjusted against dead rent or royalty or rent. Such application shall be disposed off by the competent authority as per the provisions of rule 16 or by the Mining Engineer or Assistant Mining Engineer concerned as per the provisions of rule 17, as the case may be.]

(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 5[seventy three months] from the date of commencement of these rules and this period of 5[seventy three months] shall include execution 4[and registration of mining lease or issuance of quarry licence, as the case may be], 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.

Where this provision sits

ActRMMCR 2017 (updated upto 15.04.2025)
Section5
Marginal noteRights of a holder of letter of intent to obtain a 1[mining lease or quarry licence
JurisdictionState of Rajasthan
StatusIn force as published by the source

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