Cement Energy and Environment

Grant of nurung lea~e 10 re 1pe: t of nord ted nuneral'> rluough 3UCI101l Grant of non– e:~tclusive reconn:us sance permits. 6 THE GAZETTE OF Th"DIA EXTRAORDINARY (PART II- Pro,i ded 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 sub– section except with the pt-e\ious apprO\·al of the Ce·ntral Go,·ernmrnt. lOB. 1 It The pro\ i s10ns of this section shall not be applicable to cases covered by section lOA or section 17A or to minerals specified i.n Part A or Part B of the First Schedule or ro land in respect of which the mi.t1er.~ls do not vest in the Government. ( ~ l \\ lle-tl' there is i.Jl:ldeqnate e\idence to show the existence of mineral comrnts of any notified nune-t·:~l in respect of any area. a Stare Go\·ernment may. after obtaining the ptl'\"JOUS appro,·al of the Central Go,·ernn1f'nt. grant 3 prospecti.tlg licence-cum– nuning lease for the s:ud notified mi.tle-t'al ill such :lll'a ill accordance with the procedure l:ud do\•.11 in section 11 . lS l In :Ul'3Swhere the existence of miner.~! conu~nts of any notified mineral is establlshed in the manner presaibed by the Ce-tltral GO\·emment. the StateGovernment shall notify such are:-~s for gram of mining leases for such notified mineral. the terms and conditions subject to which such mining leases ~hall be gr:uued. and any other rele\'ant conditions. m such m:ulller as may be prescribed by the Central Govmunrnt. ( -11 For the pmpose of granting a mining lease in respect of any notified mineral m such notified :u.-e:1.. the Stare Govenut1f'nt sl1.1ll select. Ummgh auction by a method of competiti\'e biddi.J1g. i.t1chtdi.ng eo-auction. an applic:J.nt who ftllftls the eligibility condltions as specified in tllis Act. (5 ) The Cenu·aJ Govemmenr sh:-~11 prescribe the terms :md conditions. and procedure. subject to wllich the auction shall be conducted. i.Jtcluding the bidding parameters for the selection. which may include :1 sha.tl ' in the production of the miue-t"al. or any payment linked to the royalty payable. or any othe-t·rele\·ant parameter. or any combinauon or modification of t11em. (o 1 Without prejudice ro the gene-t·alit:y of sub-section (51. the Central Govenunenr shall. if it is of t11e opi.tlion tll::Jt it is necessary a.tld expedient to do so. px-esnibe terms and conditions. proced\Ul' and biddi.ttg par.~meters i.J1 t-espect of categories of minerals. size and area of mineral deposits :Uld :1 State or St:-tte5. subject to which the auction shall be conducted: Providf'd that the terms and conditions may include the reser\'ation of :~ny p:u-ticul:u· mine or mines for a p:u-ticul:u· e-tld-use and subject to such condition which allow only such ellgible end users to participate ill the auction. (7) D1e State Go\·emment shall grant a ffillling lease to :111 applicant selected in accordance with the ptllcedurr laid d0\\11 in tllis section in respect of such notified minet"al in any noUfied :U'ta. 1 OC. 1 1 J ~on -exclnsive t'tconnaissance permits may be granted in respect ofany notified mi.Jteral or non-notified mineral or a group of specified minerals. other than minerals specified in Part Aor P:u1 B of the Fim Schedule. subject to such tenns and conditions as may be prescribed by the Central Govmunent. ( 2) The holder of such non-exclusive reconnaissance pennit shall not be entitled to make any claim for the grant of any prospe.cting licence-cum-mining lease or a mining lease.". 41