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these rules, shall not be required to submit a fresh application and his
pending application shall be treated as an application made under this
rule subject to payment of difference of application and premium amount
as specified in sub-rule (2) within a period of two months from the
commencement of these rules.
(5) Every application submitted under sub-rule (2) shall be
acknowledged, in Form -2, online at the time of submission of
application.
(6) Duly signed application along with self-certified documents as
mentioned in sub-rule (3) shall be physically submitted to the Mining
Engineer or Assistant Mining Engineer concerned, within a period of
fifteen days from the date of its online submission and same shall be
acknowledged by the office concerned.
(7) An application for grant of mining lease shall be disposed off by the
competent authority as per the provisions of sub-rule (2), (3), (4) and (5)
of rule 16 and the decision shall be communicated on registered address
and e-mail of the applicant.
(8) 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.
(9) Applications under this rule shall be disposed off, including
execution and registration of mining lease, within a period of two year
from the date of commencement of these rules or after expiry of the
licence period, whichever later, 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.
5. Rights of a holder of letter of intent to obtain a mining
lease.- (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 shall be considered as if received under
these rules subject to payment of difference of application fee and
premium amount equal to two and half times of the dead rent or as may
be prescribed by the Government, from time to time, which shall be
payable every year 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:
Provided that premium amount shall stand revised automatically
on enhancement of the dead rent and the lessee shall be liable to pay such
enhanced premium.
Provided further that where letter of intent has been issued in
khatedari land, registered consent deed of khatedar shall be submitted