Cement Energy and Environment

( Power of Cenrral Government ro amend flfst Schedule a.nd Fourth Schedule. lnseruon of new $t"C!lon L~A. Transfer of mineral concessions. Amendment of secuoo P . s THE GAZETTE OF Th"DIA EXTRAORDINARY [PARTll- llC. The Central Go\'f'11Ul1f'nt may. by notificati011 in the Official Gazette. amend the First Sclledulf' and the Fmu11l Schedulf' so as to add or delete any mineral as may be specified in the notification.... B . After section 1~ of the principal Act. the following section shall be inserted. lla.tllf'ly:- "12A. ( 1 J TI1e provisions of this secti011 shall not apply to minerals specified in ParrA or Part B of the First Schedule. (.:?) A holder of a mining lease or a prospecring licence-cum-mining lease granted in accmdance with the procedure laid down in sec uon lOB or section 11 may. 'Y\ith the previous appro\·al of the Stare Goverrunrnt. tra.tlSff'l· his mining lease or prospecting licence-cum-mining If' ase. as the case maybe. in such manner as may be prescribed by the Cenu-al Govemment. to a.tly pmon eligible to hold such milling lease or prospecting licence-cum- mining lease in accmd:mce \'-ith the pro\isi011S of this Act and the rules made thM-eunder. (3 l If the State Government does not convey irs previous approval for transfer of such milling lease or prospecting licence-cum-mining lease. as the case may be. withill a pM"iod of ninety days from the date of receiving such notice. it shall be constmed tha£ the State Govenunent has no objection to such u·ansfM·: Prmided that the holdf'l·of the Oligi11al mining lease orprospecti11g licence -rum– milling lease shall intimate to the State Goverrunent the consideration payable by the successor-ill-interest for the tra.t1sfer. including the consideration in respect of the prospecting operations already nndeltaken and the rep011s and data gM1erated dwing the opM·ations. ( -1 l No snell u·atlSfer of a mi..nil1g lease 01· prospecting licence-cum-mining lease. refen-ed to in sub-section(..?). shall take place if the StateGO'mrunent. vvithin the notice period and fm1-easons to be communicated in \'-1'iting. disapprov-es the U-ansfer 011 the ground that the tra.tlsfr-ree is not eligible as per the provisions of this Act: Provided that no such transfe-r of a milling lease or of a prospecti11g licence– cum-mining lease. shall be made in contravention of any conditi011 subject to which the mini11g lease 01· the prospecti11g licence-cum-minil1g lease \'lias gr<lllted. (5) All transfers effected under this section shall be Stlbject to the conditi..011 that the transferee has accepted all the conditions and liabilities w1del· any law for the time being in force which the transfemr \\':IS subject to in respect of such a mining lease or prospecting Licence-cum-mining lease. as the case may be. (o J TI1e tra.tlsfer of mineral concessions shall be allo>ved only for concessions which are- granted through auction.··. 1-t In section B of the principal Act. in sub-section (.?}.- (il after clause UJ. the follO\\' i.ng clause shall be inserted. namely:- "Ui J parameters of existence of mineral contents w1der clause (a) of sub– section (2) of section 5:··: (ii) ill clause (qq). the word ··anct" occurring at the end shall be omined: (iii) after clause (qq). the following clauses shall be inserted. namely:– "(qqa) the ammmt of payment to be made to the District Mineral Fowu1ation under sub-sections (5) and (6) of section 98: