10. 8
[Application for mineral concession.]―(1) An application for 9
[a 5
[mineral concession]] in
respect of any land in which the minerals vest in the Government shall be made to the State Government
concerned in the prescribed form and shall be accompanied by the prescribed fee.
(2) Where an application is received under sub-section (1), there shall be sent to the applicant an
acknowledgment of its receipt within the prescribed time and in the prescribed form.
1. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021).
2. Ins. by s. 10, ibid. (w.e.f. 28-3-2021).
3. Ins. by Act 16 of 2021, s. 10 (w.e.f. 28-3-2021).
4. Subs. by s. 11, ibid., for “non-profit body” (w.e.f. 28-3-2021).
5. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021).
6. Ins. by Act 16 of 2021, s. 11 (w.e.f. 28-3-2021).
7. Subs. by Act 16 of 2023, s. 7, for Chapter Heading (w.e.f. 17-8-2023).
8. Subs. by s. 8, ibid., for the marginal heading (w.e.f. 17-8-2023).
9. Subs. by Act 38 of 1999, s. 11, for “a prospecting licence or a mining lease” (w.e.f. 18-12-1999).
14
(3) On receipt of an application under this section, the State Government may, having regard to the
provisions of this Act and any rules made thereunder, grant or refuse to grant the 1
[permit, licence or
lease].
2
[(4) Notwithstanding anything contained in this section, no person shall be eligible to make an
application under this section unless—
(a) he has been selected in accordance with the procedure specified under
3
[sections 10B, 10BA, 11,
11A, 11B or 11D];
(b) he has been selected under the Coal Mines (Special) Provisions Act, 2015 (11 of 2015);
or
(c) an area has been reserved in his favour under section 17A.]
4
[10A. Rights of existing concession holders and applicants.―(1) All applications received prior
to the date of commencement of the Mines and Minerals (Development and Regulation) Amendment
Act, 2015, shall become ineligible.
(2) Without prejudice to sub-section (1), the following shall remain eligible on and from the date of
commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015:―
(a) applications received under section 11A of this Act;
(b) where before the commencement of the Mines and Minerals (Development and Regulation)
Amendment Act, 2015 a reconnaissance permit or prospecting licence has been granted in respect of
any land for any mineral, the permit holder or the licensee shall have a right for obtaining a
prospecting licence followed by a mining lease, or a mining lease, as the case may be, in respect of
that mineral in that land, if the State Government is satisfied that the permit holder or the licensee, as
the case may be,―
(i) has undertaken reconnaissance operations or prospecting operations, as the case may be,
to establish the existence of mineral contents in such land in accordance with such parameters as
may be prescribed by the Central Government;
(ii) has not committed any breach of the terms and conditions of the reconnaissance permit
or the prospecting licence;
(iii) has not become ineligible under the provisions of this Act; and
(iv) has not failed to apply for grant of prospecting licence or mining lease, as the case may
be, within a period of three months after the expiry of reconnaissance permit or prospecting
licence, as the case may be, or within such further period not exceeding six months as may be
extended by the State Government;
5
[Provided that for the cases covered under this clause including the pending cases, the right
to obtain a prospecting licence followed by a mining lease or a mining lease, as the case may be,
shall lapse on the date of commencement of the Mines and Minerals (Development and
Regulation) AmendmentAct, 2021:
Provided further that the holder of a reconnaissance permit or prospecting licence whose
rights lapsed under the first proviso, shall be reimbursed the expenditure incurred towards
reconnaissance or prospecting operations in such manner as may be prescribed by the Central
Government.]
1. Subs. by Act 38 of 1999, s. 11, for “licence or lease” (w.e.f. 18-12-1999).
2. Ins. by Act 16 of 2021, s. 12 (w.e.f. 28-3-2021).
3. Subs. by Act 16 of 2023, s. 8, for the words figures and letters “sections 10B, 11, 11A or the rules made under section 11B”
(w.e.f. 17-8-2023).
4. Ins. by Act 10 of 2015, s. 10 (w.e.f. 12-1-2015).
5. Ins. by Act 16 of 2021, s. 13 (w.e.f. 28-3-2021).
15
(c) where the Central Government has communicated previous approval as required under
sub-section (1) of section 5 for grant of a mining lease, or if a letter of intent (by whatever name
called) has been issued by the State Government to grant a mining lease, before the commencement
of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the mining lease
shall be granted subject to fulfilment of the conditions of the previous approval or of the letter of
intent within a period of two years from the date of commencement of the said Act:
Provided that in respect of any mineral specified in the First Schedule, no prospecting licence
or mining lease shall be granted under clause (b) of this subsection except with the previous
approval of the Central Government.
1
[(d) in cases where right to obtain licence or lease has lapsed under, clauses (b) and (c), such
areas shall be put up for auction as per the provisions of this Act.
Provided that in respect of the minerals specified in Part B of the First Schedule where the grade
of atomic mineral is equal to or greater than the thresholdvalue, the mineral concession for such areas
shall be granted in accordance with the rules made under section 11B.]
10B. Grant of mining lease in respect of notified minerals through auction.―2
[(1) The
provisions of this section shall not apply to the,—
(a) cases falling under section 17A;
(b) minerals specified in Part Aof the First Schedule;
(c) minerals specified in Part B of the First Schedule where the gradeof atomic mineral is equal to
or greater than such threshold value as maybe notified by the Central Government from time to time;
or
(d) land in respect of which the minerals do not vest in the Government.]
(2) Where there is inadequate evidence to show the existence of mineral contents of any notified
mineral in respect of any area, a State Government may, after obtaining the previous approval of the
Central Government, grant a 3
[composite licence] for the said notified mineral in such area in accordance
with the procedure laid down in section 11.
(3) In areas where the existence of mineral contents of any notified mineral is established in the
manner prescribed by the Central Government, the State Government shall notify such areas for grant of
mining leases for such notified mineral, the terms and conditions subject to which such mining leases
shall be granted, and any other relevant conditions, in such manner as may be prescribed by the Central
Government.
4
[Provided that where the State Government has not notified such area for grant of mining lease after
establishment of existence of mineral contents of any mineral (whether notified mineral or otherwise), the
Central Government mayrequire the State Government to notify such area within a period to be fixed in
consultation with the State Government and in cases where the notification is not issued within such
period, the Central Government may notify such area for grant of mining lease after the expiry of the
period so specified.]
(4) For the purpose of granting a mining lease in respect of any notified mineral in such notified
area, the State Government shall select, through auction by a method of competitive bidding, including
e-auction, an applicant who fulfils the eligibility conditions as specified in this Act.
4
[Provided that—
(a) where the State Government has not successfully completed auction for the purpose of
granting a mining lease in respect of any mineral (whether notified mineral or otherwise) in such
notified area; or
1. Ins. by Act 16 of 2021, s. 13 (w.e.f. 28-3-2021).
2. Subs. by s. 14, ibid., for sub-section (1) (w.e.f. 28-3-2021).
3. Subs. by s. 2, ibid., for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021).
4. Ins. by s. 14, ibid. (w.e.f. 28-3-2021).
16
(b) upon completion of such auction, the mining lease or letter of intent for grant of mining lease
has been terminated or lapsed for any reason whatsoever,
the Central Government may require the State Government to conduct and complete the auction or
re-auction process, as the case may be, within a period to be fixed in consultation with the State
Government and in cases where such auction or re-auction process is not completed within such
period, the CentralGovernment may conduct auction for grant of mining lease for such area afterthe
expiry of the period so specified:
Provided further that upon successful completion of the auction, the Central Government shall
intimate the details of the preferred bidder in the auction to the State Government and the State
Government shall grant mining lease for sucharea to such preferred bidder in such manner as may be
prescribed by the CentralGovernment.]
(5) The Central Government shall prescribe the terms and conditions, and procedure, subject to
which the auction shall be conducted, including the bidding parameters for the selection, which may
include a share in the production of the mineral, or any payment linked to the royalty payable, or any
other relevant parameter, or any combination or modification of them.
(6) Without prejudice to the generality of sub-section (5), the Central Government shall, if it is of the
opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and
bidding parameters in respect of categories of minerals, size and area of mineral deposits and a State or
States, subject to which the auction shall be conducted:
1
[Provided that no mine shall be reserved for captive purpose in the auction.]
(7) The State Government shall grant a mining lease to an applicant selected in accordance with the
procedure laid down in this section in respect of such notified mineral in any notified area.
2
[10BA. Grant of exploration licence for minerals specified in Seventh Schedule through auction.—(1)
The provisions of this section shall not apply to—
(a) the areas covered under section 17A;
(b) the minerals specified in Part A of the First Schedule;
(c) the minerals specified in Part B of the First Schedule where the grade of atomic mineral is equal to or
greater than such threshold value as may be notified by the Central Government from time to time;
(d) any land in respect of which the minerals do not vest in the Government.
(2) Notwithstanding anything contained in sections 10B and 11, an exploration licence may be granted in any
area by the State Government for the purpose of undertaking reconnaissance or prospecting operations or both in
respect of any mineral specified in the Seventh Schedule.
(3) The Central Government may, by notification in the Official Gazette, and for reasons to be recorded in
writing, amend the Seventh Schedule so as to modify the entries therein with effect from such date as may be
specified in the said notification.
(4) The State Government shall, after obtaining the previous approval of the Central Government, and in such
manner as may be prescribed by the Central Government, notify the areas in which exploration licence shall be
granted, subject to such terms and conditions as may be specified in the notification.
(5) The Central Government may require the State Government to notify the area for grant of exploration
licence within such period as may be fixed in consultation with the State Government, and in case the State
Government does not notify the area within such period, the Central Government may, after the expiry of the
period so fixed, notify the area for grant of exploration licence.
(6) The State Government shall, for the purpose of granting exploration licence through auction by method of
competitive bidding, including e-auction, select an applicant who fulfils the eligibility conditions as specified in
this Act and grant exploration licence to such applicant.
1. Subs. by Act 16 of 2021, s. 14, for the proviso (w.e.f. 28-3-2021).
2. Ins. by Act 16 of 2023, s. 9 (w.e.f. 17-8-2023).
17
(7) Where—
(a) the State Government has not successfully completed auction for the grant of exploration licence; or
(b) after completion of auction, the exploration licence or letter of intent for grant of exploration licence
has been terminated or lapsed for any reason whatsoever,
the Central Government may require the State Government to conduct and complete the auction or re-auction
process, as the case may be, within such period as may be fixed in consultation with the State Government, and in
cases where such auction or re-auction process is not completed within such period, the Central Government may,
after the expiry of the period so fixed, conduct auction for the grant of exploration licence for such area:
Provided that upon successful completion of the auction, the Central Government shall intimate the details of
the preferred bidder in the auction to the State Government and the State Government shall grant exploration
licence for such area to such preferred bidder in such manner as may be prescribed by the Central Government.
(8) The holder of exploration licence shall be entitled to a share of applicable amount quoted in the auction of
ining leases payable by the lessee to the State Government in respect of the area granted in mining lease pursuant to
the prospecting operations undertaken by the holder of such exploration licence:
Provided that the share in applicable amount payable to the holder of exploration licence by the lessee of such
area shall be allowed only in respect of the minerals specified in the Seventh Schedule.
(9) The Central Government shall by rules provide for the manner of conducting auction for grant of
exploration licence, including its terms and conditions, the bidding parameters for selection, share payable to the
holder of exploration licence from out of the applicable amount quoted in auction of mining leases payable by the
lessee of such area, the period for such payment and such other conditions as may be necessary.
(10) Notwithstanding anything contained in section 7,—
(a) the exploration licence shall be granted for a period of five years from the date of execution of the
exploration licence;
(b) if, after three years from the date of execution of exploration licence, but before the date of its expiry,
the holder of the exploration licence makes an application for the extension of the period of that licence, the
State Government may, on being satisfied that within the period of five years, it shall not be possible for the
holder of such licence to complete the reconnaissance or prospecting operations for reasons beyond his control,
extend the said period to a further period not exceeding two years.
(11) After three years from the date of execution of the exploration licence, the holder of such licence may
retain an area not exceeding twenty-five per cent. of the total area covered under that licence for the purpose of
continuing reconnaissance or prospecting operations and shall surrender the remaining area after submitting a
report to the State Government stating the reasons for retention of the area proposed to be retained by him and the
boundaries of that area.
(12) The holder of the exploration licence shall, within three months of the completion of the operations for
which licence has been granted, or of the date of expiry of the exploration licence, whichever is earlier, submit a
geological report to the State Government explaining the result of the reconnaissance and prospecting operations,
in such manner as may be prescribed.
(13) If the holder of the exploration licence fails to complete the reconnaissance and prospecting operations
before expiry of the exploration licence, or fails to submit the geological report within the period specified in
sub-section (12), the State Government may take such action as it deems fit, including imposition of penalty.
(14) Within six months from the date of receipt of the geological report from the holder of the exploration
licence, the Central Government or the State Government shall initiate the auction process for grant of one or more
separate mining leases under section 10B or section 11 or section 11D, as the case may be, in respect of the area
where existence of mineral content is established and shall select the preferred bidder for grant of such mining
leases within one year from the date of receipt of the geological report:
Provided that in case the preferred bidder is not selected within the period so specified, the State Government
shall pay to the person who was the holder of exploration licence such amount, and in such manner, as may be
prescribed.]
10C. [Grant of non-exclusive reconnaissance permits.] Omitted by the Mines and Minerals
(Development and Regulation) Amendment Act, 2021, s. 16 (w.e.f. 28-3-2021).
18
1
[11. Grant of 2
[composite licence] through auction in respect of minerals other than notified
minerals.―3
[(1) The provisions of this section shall not apply to the,—
(a) cases falling under section 17A;
(b) minerals specified in Part Aof the First Schedule;
(c) minerals specified in Part B of the First Schedule where the gradeof atomic mineral is equal to
or greater than such threshold value as maybe notified by the Central Government from time to time;
or
(d) land in respect of which the minerals do not vest in the Government.]
(2) In areas where there is evidence to show the existence of mineral contents as required by
clause (a) of sub-section (2) of section 5, the State Government shall grant a mining lease for minerals
other than notified minerals following the procedure laid down in section 10B.
(3) In areas where there is inadequate evidence to show the existence of mineral contents as required
under clause (a) of sub-section (2) of section 5, the State Government shall grant a 2
[composite licence]
for minerals other than notified minerals in accordance with the procedure laid down in this section.
(4) The State Government shall notify the areas in which 2
[composite licence] shall be granted for
any minerals other than notified minerals, the terms and conditions subject to which such 2
[composite
licence] shall be granted, and any other relevant conditions, in such manner as may be prescribed by the
Central Government.
4
[Provided that where the State Government has not notified such area for grant of mining lease after
establishment of existence of mineral contents of any mineral (whether notified mineral or otherwise), the
Central Government mayrequire the State Government to notify such area within a period to be fixed in
consultation with the State Government and in cases where the notification is not issued within such
period, the Central Government may notify such area for grant of mining lease after the expiry of the
period so specified.]
(5) For the purpose of granting 2
[composite licence], the State Government shall select, through
auction by method of competitive bidding, including e-auction, an applicant who fulfils the eligibility
conditions as specified in this Act.
4
[Provided that—
(a) where the State Government has not successfully completed auction for the purpose of
granting a composite licence in respect of anymineral (whether notified mineral or otherwise) in such
notified area; or
(b) upon completion ofsuch auction, the composite licence or letterof intent for grant of composite
licence has been terminated or lapsed for any reason whatsoever,
the Central Government may require the State Government to conduct and complete the auction or reauction process, as the case may be, within a period to be fixed in consultation with the State Government
and in cases where suchauction or re-auction process is not completed within such period, the Central
Government may conduct auction for grant of composite licence for such area after the expiry of the
period so specified:
Provided further that upon successful completion of the auction, the CentralGovernment shall intimate
the details of the preferred bidder in the auction to the State Government and the State Government shall
grant composite licence for such area to such preferred bidder in such manner as may be prescribed by
the Central Government.]
(6) The Central Government shall prescribe the terms and conditions, and procedure, subject to
which the auction shall be conducted, including the bidding parameters for the selection, which may
1. Subs. by Act 10 of 2015, s. 11, for section 11 (w.e.f. 12-1-2015).
2. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021).
3. Subs. by s. 16, ibid., for sub-section (1) (w.e.f. 28-3-2021).
4. Ins. by s. 16, ibid. (w.e.f. 28-3-2021).
19
include a share in the production of the mineral, or any payment linked to the royalty payable, or any
other relevant parameter, or any combination or modification of them.
(7) Without prejudice to the generality of sub-section (6), the Central Government shall, if it is of the
opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and
bidding parameters in respect of categories of minerals, size and area of mineral deposits and a State or
States, subject to which the auction shall be conducted.
(8) The State Government shall grant a 1
[composite licence] to an applicant selected in accordance
with the procedure laid down in this section.
(9) The holder of a 1
[composite licence] shall be required to complete, within the period laid down
in section 7, the prospecting operations satisfactorily as specified in the notice inviting applications.
2
[(10) On completion of the prospecting operations, the holder of the composite licence shall submit
the result of the prospecting operations in the form of a geological report to the State Government
specifying the area required for mining lease and the State Government shall grant mining lease for such
area, to the holder of the composite licence in such manner as may be prescribed by the Central
Government.]]
3
[11A. Granting of 1
[mineral concession]
4
[or 5
[composite licence] in respect of coal or
lignite].—(1) Notwithstanding anything contained in this Act, the Central Government may, for the
purpose of granting 1
[mineral concession] 6
[or 5
[composite licence] in respect of coal or lignite] select
any of the following companies through auction by competitive bidding, on such terms and conditions as
may be prescribed, namely: —
(a) a Government company or corporation or a joint venture company formed by such company
or corporation or between the Central Government or the State Government, as the case may be, or
any other company incorporated in India; or
(b) a company or a joint venture company formed by two or more companies, 7
[to carry on coal
or lignite reconnaissance or prospecting or mining operations, for own consumption, sale or for any
other purpose as may be determined by the Central Government;]
8
[Provided that the auction by competitive bidding under this section shall not be applicable to coal
or lignite—
(a) where such area is considered for allotment to a Government company or corporation or a
joint venture company formed by such company or corporation or between the Central Government
or the State Government, as the case may be, for own consumption, sale or for any other purpose as
may be determined by the Central Government;
(b) where such area is considered for allotment to a company or corporation that has been
awarded a power project on the basis of competitive bid for tariff (including Ultra Mega Power
Projects);]
(2) The Central Government may, with a view to rationalise coal and lignite mines referred to in
sub-section (1), so as to ensure the coordinated and scientific development and utilisation of resources
consistent with the growing requirements of the country, from time to time, prescribe—
1. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021).
2. Subs. by s. 16, ibid., for sub-section (10) (w.e.f. 28-3-2021).
3. Subs. by Act 11 of 2015, s. 28 and the Fourth Schedule, for section 11A (w.e.f. 21-10-2014).
4. Ins. by Act 2 of 2020, s. 7 (w.e.f. 10-1-2020).
5. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021).
6. Subs. by Act 2 of 2020, s. 7, for “in respect of any area containing coal or lignite” (w.e.f. 10-1-2020).
7. Subs. by s. 7, ibid., for the long line (w.e.f. 10-1-2020).
8. Ins. by s. 7, ibid. (w.e.f. 10-1-2020).
20
(i) the details of mines and their location;
(ii) the minimum size of such mines;
(iii) such other conditions,
which in the opinion of that Government may be necessary for the purpose of mining operations or
mining for sale by a company.
(3) The State Government shall grant such 1
[mineral concession] 2
[or 3
[composite licence]] in respect
of any area containing coal or lignite to such company as selected through auction by 4
[competitive
bidding or through allotment] under this section:
Provided that the auction by competitive bidding under this section shall not be applicable to an area
containing coal or lignite—
(a) where such area is considered for allocation to a Government company or corporation or a
joint venture company formed by such company or corporation or between the Central Government
or the State Government, as the case may be;
(b) where such area is considered for allocation to a company or corporation or that has been
awarded a power project on the basis of competitive bids for tariff (including Ultra Mega Power
Projects).
Explanation.—For the purposes of this section, “company” means a company as defined in
clause (20) of section 2 of the Companies Act, 2013 (18 of 2013).]
5
[11B. Power of Central Government to make rules for regulating atomic minerals specified
under Part B of First Schedule.―The Central Government may, by notification in the Official Gazette,
make rules for regulating the grant of mining leases or other mineral concessions in respect of minerals
specified in Part B of the First Schedule and for purposes connected therewith, and the State Government
shall grant a 1
[mineral concession] in respect of any such mineral in accordance with such rules.
11C. Power of Central Government to amend First Schedule and Fourth Schedule.―The
Central Government may, by notification in the Official Gazette, amend the First Schedule and the
Fourth Schedule so as to add or delete any mineral as may be specified in the notification.]
6
[11D.Central Government to conduct auction for grant of mining lease or composite licence in respect
of minerals specified in Part D of First Schedule.—(1) Notwithstanding anything contained in this Act, the
Central Government shall, for the purpose of granting mining lease or composite licence in any area in respect of
any mineral specified in the Part D of the First Schedule, select, through auction by method of competitive bidding,
including e-auction, a preferred bidder who fulfils the eligibility conditions as specified in section 5, on such terms
and conditions, and in such manner, as may be prescribed.
(2) Upon successful completion of the auction, the Central Government shall intimate the details of the
preferred bidder in the auction to the State Government and the State Government shall grant mining lease or
composite licence for such area, to such preferred bidder, in such manner, as may be prescribed by the Central
Government.
1. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021).
2. Ins. by Act 2 of 2020, s. 7 (w.e.f. 10-1-2020).
3. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021).
4. Subs. by s. 7, ibid., for “competitive bidding or otherwise” (w.e.f. 10-1-2020).
5. Ins. by Act 10 of 2015, s. 12 (w.e.f. 12-1-2015).
6. Ins. by Act 16 of 2023, s. 10 (w.e.f. 17-8-2023).
21
(3) The royalty, dead rent, applicable amount quoted in the auction and any other statutory payment in
relation to the mining lease or composite licence auctioned by the Central Government shall accrue to the State
Government or concerned authorities, as the case may be, as if the auction has been conducted by the State
Government.]
12. 1
[Registers of mineral concession.]―(1) The State Government shall cause to be maintained in the
prescribed form―
(a) a register of applications for prospecting licences;
(b) a register of prospecting licensees;
2
[(c) a register of applications for mining leases;
(d) a register of mining lessees;
(e) a register of applications for reconnaissance permits; 3***
(f) a register of reconnaissance permits,]
4
[(g) a register of applications for exploration licences; and
(h) a register of exploration licence,]
in each of which shall be entered such particulars as may be prescribed.
(2) Every such register shall be open to inspection by any person on payment of such fee as the State
Government may fix.
5
[12A. Transfer of mineral concessions.―(1) The provisions of this section shall not apply to
minerals specified in Part A or Part B of the First Schedule.
(2) A holder of a mining lease or a 6
[composite licence 7
[or exploration licence]] granted in
accordance with the procedure laid down in 8
[this Act] may, with the previous approval of the State
Government, transfer his mining lease or 6
[composite licence 7
[or exploration licence]], as the case may
be, in such manner as may be prescribed by the Central Government, to any person eligible to hold such
mining lease or 6
[composite licence 7
[or exploration licence]] in accordance with the provisions of this
Act and the rules made thereunder.
9
[Provided that the transferee of mining lease shall not be required to pay the amount or transfer
charges referred to in sub-section (6), as itstood prior to the commencement of the Mines and Minerals
(Development and Regulation) Amendment Act, 2021, after such commencement but no refund shall be
made of the charges already paid.]
1. Subs. by Act 16 of 2023, s. 11 for the marginal heading (w.e.f. 17-8-2023).
2. Subs. by Act 38 of 1999, s. 13, for clauses (c) and (d) (w.e.f. 18-12-1999).
3. The word “and” omitted by Act 16 of 2023, s. 11 (w.e.f. 17-8-2023).
4. Ins. by Act 16 of 2023, s. 11 (w.e.f. 17-8-2023).
5. Ins. by Act 10 of 2015, s. 13 (w.e.f. 12-1-2015).
6. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021).
7. Ins. by Act 16 of 2023, s. 12 (w.e.f. 17-8-2023).
8. Subs. by s. 17, ibid., for “section 10B or section 11” (w.e.f. 28-3-2021).
9. Ins. by s. 17, ibid. (w.e.f. 28-3-2021).
22
(3) If the State Government does not convey its previous approval for transfer of such mining lease
or 1
[composite licence 2
[or exploration licence]], as the case may be, within a period of ninety days from
the date of receiving such notice, it shall be construed that the State Government has no objection to such
transfer:
Provided that the holder of the original mining lease or 1
[composite licence 2
[or exploration
licence]], shall intimate to the State Government the consideration payable by the successor-in-interest
for the transfer, including the consideration in respect of the prospecting operations already undertaken
and the reports and data generated during the operations.
(4) No such transfer of a mining lease or 1
[composite licence 2
[or exploration licence]], referred to in
sub-section (2), shall take place if the State Government, within the notice period and for reasons to be
communicated in writing, disapproves the transfer on the ground that the transferee is not eligible as per
the provisions of this Act:
Provided that no such transfer of a mining lease 3
[or composite licence], shall be made in
contravention of any condition subject to which the mining lease or the 1
[composite licence 2
[or
exploration licence]], was granted.
(5) All transfers effected under this section shall be subject to the condition that the transferee has
accepted all the conditions and liabilities under any law for the time being in force which the transferor
was subject to in respect of such a mining lease or 1
[composite licence 2
[or exploration licence]], as the
case may be.
4* * * * *
5
[Provided that where a mining lease has been granted otherwise than through auction ad where
mineral from such mining lease is being used for captive purpose, such mining lease may be permitted to
be transferred subject to compliance of such terms and conditions and payment of such amount or such
amount or transfer charges as may be prescribed.
Explanation.―For the purposes of this proviso, the expression “used for captive purpose” shall
mean the use of the entire quantity of mineral extracted from the mining lease in a manufacturing unit
owned by the lessee.]