Section 12
Ins. by Act 2 of 2020, s. 3 (w.e.f. 10-1-2020).
12. Ins. by Act 2 of 2020, s. 3 (w.e.f. 10-1-2020).
Explanation.―For the purposes of this sub-section, a person shall be deemed to be an Indian national,―
(a) in the case of a firm or other association of individuals, only if all the members of the firm or members of the association are citizens of India; and
(b) in the case of an individual, only if he is a citizen of India.]
1 [Provided also that the composite licence or mining lease shall not be granted for an area to any person other than the Government, Government company or corporation, in respect of any minerals specified in Part B of the First Schedule where the grade of such mineral in such area is equal to or above such threshold value as may be notified by the Central Government.]
(2) No mining lease shall be granted by the State Government unless it is satisfied that . ―
2 [ 3 [(a) there is evidence to show the existence of mineral contents in the area for which the application for a mining lease has been made in accordance with such parameters as may be prescribed for this purpose by the Central Government;]
(b) there is a mining plan duly approved by the Central Government, or by the State Government, in respect of such category of mines as may be specified by the Central Government, for the development of mineral deposits in the area concerned:]
4 [Provided that a mining lease may be granted upon the filing of a mining plan in accordance with a system established by the State Government for preparation, certification, and monitoring of such plan, with the approval of the Central Government.]
6. 5 [Maximum area for which mineral concession may be granted . ]― 6 [(1) No person shall acquire 7 *** in respect of any mineral or prescribed group of associated minerals 8 [in a State]―
(a) one or more prospecting licences covering a total area of more than twenty-five square kilometres; or
8 [(aa) one or more reconnaissance permit covering a total area of ten thousand square kilometres:
Provided that the area granted under a single reconnaissance permit shall not exceed five thousand square kilometers; or]
9 [(ab) one or more exploration licences covering a total area of more than five thousand square kilometres:
Provided that the area granted under a single exploration licence shall not exceed one thousand square kilometres;]
(b) one or more mining leases covering a total area of more than ten square kilometres:
10 [Provided that if the Central Government is of the opinion that in the interest of the development of any mineral or industry, it is necessary so to do, it may, for reasons to be recorded in writing, increase the aforesaid area limits in respect of prospecting licence or mining lease, in so far as it pertains to any particular mineral, or to any specified category of deposits of such mineral, or to any particular mineral located in any particular area.]
11 [(c) any 12 [mineral concession] in respect of any area which is not compact or contiguous:
Provided that if the State Government is of opinion that in the interests of the development of any mineral, it is necessary so to do, it may, for reasons to be recorded in writing, permit any person to acquire a 12 [mineral concession] in relation to any area which is not compact or contiguous.]]
1. Ins. by Act 16 of 2021, s. 6 (w.e.f. 28-3-2021).
2. Subs. by Act 38 of 1999, s. 7, for clauses (a) and (b) (w.e.f. 18-12-1999).
3. Subs. by Act 10 of 2015 , s. 5, for clause (a) (w.e.f. 12-1-2015).
4. Ins. by s. 5, ibid. (w.e.f. 12-1-2015).
5 . Subs . by Act 16 of 2023, s. 6, for the marginal heading (w.e.f. 17-8-2023).
6. Subs. by Act 56 of 1972, s. 3, for sub-section (1) (w.e.f. 12-9-1972).
7. The words “in any one State” omitted by Act 37 of 1986, s. 5 (w.e.f. 10-2-1987).
8. Ins. by Act 38 of 1999, s. 8 (w.e.f. 18-12-1999).
9. Ins. by Act 16 of 2023, s. 6 (w.e.f. 17-8-2023).
10. Subs. by Act 10 of 2015, s. 6, for the proviso (w.e.f. 12-1-2015).
11. Subs. by Act 38 of 1999, s. 8, for clause (c) (w.e.f. 18-12-1999).
12. Subs. by Act 16 of 2023, s. 6, for "reconnaissance permit, mining lease or prospecting licence" (w.e.f. 17-8-2023) .
(2) For the purposes of this section, a person acquiring by, or in the name of, another person a 1 [mineral concession] which is intended for himself shall be deemed to be acquiring it himself.
Roop's Law Assist