Section 13
. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021).
13 . Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021).
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);
A 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.]
(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
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 “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).
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 may be notified by the Central Government from time to time; or
(d) land in respect of which the minerals do not vest in the G 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 3*** grant a 4 [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.
5 [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 may require 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.
5 [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
(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,
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 . The words ", after obtaining the previous approval of the Central Government," omitted by Act 28 of 2025, s. 6 (w.e.f. 1-9- 2025).
4. Subs. by Act 16 of 2021 , s. 2, for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021).
5. Ins. by s. 14, ibid. (w.e.f. 28-3-2021).
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 suchauction or re -auction process is not completed within such period, the Central Government may conduct auction for grant of mining lease 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 mining lease for such area to such preferred bidder in such manner as may be prescribed by the Central Government.]
(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:
Roop's Law Assist