[kfut lwpuk lecu/kh if=dk [k.m 32] vad 2 vdvqcj 2014 & ekpz 2015 Bulletin of Mineral Information Volume - 32, No. 2 October March 2015

Transcription

1 Hkkjr ljdkj Government of India [kku ea=ky; Mistry of MINES [kfut lwpuk lecu/kh if=dk [k.m 32] vad 2 vdvqcj 2014 & ekpz 2015 Bullet of Meral Information Volume - 32, No. 2 October March 2015 Hkkjrh; [kku C;wjks INDIAN BUREAU OF MINES

2 Prepared by Meral Economics Division Indian Bureau of Mes Issued by Controller General Indian Bureau of Mes Nagpur July, 2015 The material contaed this publication may be reproduced or quoted with due acknowledgement of the source.

3 CONTENTS Sl. No. Page No. SECTION - 1 Meral Legislation and Policy on Export and Import of Merals/Ores MINERAL LEGISLATION A. Amendments/Notifications : 1. Mistry of Mes, G.S.R. 710 (E) 1 2. Mistry of Environment, Forests and Climate Cnge, S.O. 2601(E) 2 3. Mistry of Coal, S.O (E) 3 4. Mistry of Mes, Resolution No. 31/49/2014-M.III 4 5. Mistry of Commerce and Industry (Department of Commerce), S.O. 2842(E) Mistry of Fance (Department of Revenue) (Central Board of Excise and Customs), G.S.R. 785(E) Mistry of Steel, S.O. 3065(E) 8. Mistry of Labor and Employment, S.O. 3113(E) 7 9. Mistry of Commerce and Industry, S.O (E) Mistry of Mes, S.O.423 (E) Mistry of Labor and Employment, S.O. 602(E) Mistry of Labor and Employment, S.O. 652(E) Mistry of Law and Justice (Legislative Department), Notification No Mistry of Fance, S.O. 889(E) 21 6 B.Court Decision: M/s. Sukhdev Prasad Goenka, Appellant v. M/s. Olpherts Pvt. Ltd. and others, Respondents, AIR 2014, Madhya Pradesh, 148, Vol.101, Part 1210, October, M/s. G H Vijapura & Co. & another, Petitioners v. The State of Assam & others, respondents, AIR 2014, Gauwati 165, Vol.101, Part 1211, November, S.K. Suresh, Petitioner v. The Prcipal Secretary, Department of Mes & Geology, Bangalore and others, Respondents, AIR 2014, Karnataka 179, Vol.101, Part 1212, December, M/s. Kuber Associates & Others, Appellants v. State of & Others, Respondents, AIR 2014, 191, Vol.101, Part 1212, December, State of NCT of Delhi, Appellant v. Sanjay, Respondent, with Jausukh Bavanji Shgalia v. State of Gujarat and another, with Malabi Slabi Rabari & Ors v. State of Gujarat and ors., with Kalubi Dulabi Kcr v. Sate of Gujarat and another, and Sondabi Hanubi Brwad v. State of Gujarat and another, AIR 2015, Supreme Court 75, Vol.102, Part 1213, January, State of & Others, Appellant v. Hari Sgh, Respondent, AIR 2015, 21, Vol. 102, Part 1214, February, (i)

4 SECTION 2 Trend Mg, Prospectg and Reconnaissance 2.1 Trend Mg (A) Mg Leases Granted 30 (B) Mg Leases Executed 47 (C) Mg Leases Renewed 61 (D) Mg Leases Revoked 66 (E) Mg Leases Determed 67 (F) Mg Leases Surrendered 67 (G) Mg Leases Termated 67 (H) Mg Leases Transfer 68 (I) Transferred Mg Leases Executed / Registered 74 Mes (H) Mes Opened 77 (I) Mes Temporarily Discontued 77 (J) Mes Reopened 77 (K) Mes Abandoned Trend Prospectg (A) Prospectg Licences Granted 78 (B) Prospectg Licences Executed 89 (C) Prospectg Licences Renewed 89 (D) Prospectg Licences Revoked Trend Reconnaissance Permits (R.P.) SECTION 3 Reconnaissance Permits (R.P.) Approved/Granted/Executed 90 Production of Meral-based Products (Table 17a & 17 b) SECTION 4 Highlights (A) Domestic 93 (B) Abroad 99 (ii)

5 SECTION - 1 Meral Legislation and Policy on Export and Import of Merals/Ores 1. MINERAL LEGISLATION A. Amendments/Notifications: 1. Mistry of Mes, G.S.R. 710 (E): In exercise of the powers conferred by Section 13 of the Mes and Merals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government, hereby, makes the followg rules further to amend the Meral Concession Rules, 1960, namely:1. (1) These rules may be called the Meral Concession (Second Amendment) Rules, (2) They sll come to force on the date of their publication the Official Gazette. 2. In the Meral Concession Rules, 1960 (hereafter referred to as the prcipal rules) for rule 24A, the followg rule sll be substituted, namely: 24A. Renewal of mg lease.- (1) An application for the renewal of a mg lease sll be made to the State Government Form J, at least twenty four months before the date on which the lease is due to expire, through such officer or authority as the State Government may specify this belf: Provided tt cases where the mg lease is due to expire on or before the 7th January, 2017, the application for renewal sll be made at least twelve months before the date on which the lease is due to expire. 3. In the prcipal rules, for rule 33, the followg rule sll be substituted, namely: 33. Survey of the area leased.- When a mg lease is granted by the State Government, arrangements sll be made by the State Government at the expense of the lessee for the survey and demarcation of the area granted under the lease and the survey of the area leased is to be conducted by the Total Station and Differential Global Positiong System. 4. In the prcipal rules, Schedule I, Form K, Part VII relatg to the Covenants of the Lessee/Lessees,(a) paragraph 2, for the words boundary marks and pillars, the words boundary pillars sll be substituted; (b) after paragraph 2, the followg paragraph sll be serted, namely: 2A. Manner of construction and upkeep of boundary pillars:(a) each corner of the lease area sll ve a boundary pillar (corner pillar); (b) there sll be erected termediate boundary pillars between the corner pillars such a way tt each pillar is visible from the adjacent pillar located on either side of it; (c) the distance between two adjacent pillars sll not be more tn fifty meters; (d) the pillars sll be of square pyramid frustum sped above the surface and cuboid sped below the surface; (e) each pillar sll be of reforced cement concrete; (f) the corner pillars sll ve a base of 0.30 m X 0.30 m and height of 1.30 m of which 0.70 m sll be above ground level and 0.60 m below the ground; (g) the termediate pillars sll ve a base of 0.25 m X 0.25 m and height of 1.0 m of which 0.70 m sll be above ground level and 0.30 m below the ground; 1

6 (h) all the pillars sll be pated yellow colour and the top ten centimeters red colour by enamel pat and sll be grouted with cement concrete; (i) on all corner pillars, distance and bearg to the forward and backward pillars and latitude and longitude sll be marked; (j) each pillar sll ve serial number a clockwise direction and the number sll be engraved on the pillars; (k) the number of pillar sll be the number of the dividual pillar upon the total number of pillars the lease; (l) the tip of all the corner boundary pillars sll be a square of 15 centimeters on which a permanent circle of 10 centimeters diameter sll be drawn by pat or engraved and the actual boundary pot sll be tersection of two diameters drawn at 90 degrees; (m) the lease boundary survey sll be accurate with such limits of error as the Controller General, Indian Bureau of Mes may specify this belf; (n) the location and number of the pillars sll also be shown the surface and other plans mataed by the lessee; and (o) case of forest area with the lease, the size and construction and colour of the boundary pillars sll be as per the norms specified by the Forest Department this belf. Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (i), dated Mistry of Environment, Forests and Climate Cnge, S.O. 2601(E): In exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the followg further amendment to the notification of the Government of India, the Mistry of Environment and Forests number S.O. 1533(E) dated the 14 th September, 2006 after vg dispensed with the requirement of notice under clause (a) of sub-rule (3) of the said rule 5 public terest, namely : In the said notification, the Schedule, for item 1(a) and entries relatg thereto, the followg items and entries sll be substituted, namely : (1) (2) (3) (4) (5) 1(a) (i) Mg of merals. >50 of mg lease area respect of non coal me lease. >150 of mg lease area respect of coal me lease. 2 <50 of mg lease area respect of non coal me lease. < 150 of mg lease area respect of coal me lease. General conditions sll apply except for project or activity of less tn 5 of mg lease area: Provided tt the above exception sll not apply for project or activity if the sum total of the mg lease area of the said project or activity and tt of existg operatg mes and mg projects which were accorded environment clearance and are located with 500 metres from

7 (ii) Slurry pipeles (coal lignite and other ores) passg through national parks or sanctuaries or coral reefs, ecologically sensitive areas. Asbestos mg irrespective of mg area. All projects. the periphery of such project or activity equals or exceeds 5. Note: (i)prior environmental clearance is required at the stage of renewal of me lease for which an application sll be made up to two years prior to the date due for renewal. Provided tt no fresh environmental clearance sll be required for a mg project or activity at the time of renewal of mg lease, which s already obtaed environmental clearance under this notification. (ii)meral prospectg is exempted. Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (ii), dated Mistry of Coal, S.O (E): In exercise of the powers conferred by clause (a) of sub-section (1) of Section 26 of the Mes and Merals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes the followg further amendments the notification of the Government of India the Mistry of Coal number S.O. 2155(E), dated 21st September, 2011, namely: 3

8 In the said notification, after the words A representative from Indian Bureau of Mes, Nagpur, Marashtra..Member, the followg sll be serted, namely : Jot Secretary, Company Affairs I (CA-I) Section, Mistry of Coal Member. Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (ii), dated Mistry of Mes, Resolution No. 31/49/2014-M.III: The Government d set up a Committee for review and restructurg of the functions and role of IBM The Committee submitted its report to Government May, The Committee s, teralia, suggested the renamg of the Mes Control & Conservation of Merals Division and Ore Dressg Division as under:- i. Mes Control & Conservation of Merals Division :- The Committee felt tt the role of Mes Control & Conservation of Merals (MCCM) Division of IBM is not limited to ensurg conservation of merals but will also encompass functions like National body for formulation of regulatory standards for sustaable development of meral resources the country, to provide support for the capacity buildg for creation and improvement of State level regulatory systems. Apart from regulatory functions, the division performs various roles as facilitator to the mg dustry. Therefore, the Committee recommended renamg of the Division as Merals Development and Regulation Division. ii. Ore Dressg Division :-The expression Meral Processg is more contemporary and would be an accepted phrase world over and would be more relevant to the existg and envisaged functions & activities of the Ore Dressg Division of IBM. The Committee therefore recommended tt the appellation Meral Processg be adopted and the Division be renamed as Meral Processg Division stead of the existg Ore Dressg Division. The Government of India ve carefully considered the suggestions of the Committee and decided to rename the Mes Control & Conservation of Merals Division as Merals Development & Regulation Division and the Ore Dressg Division as Meral Processg Division. ORDER Ordered, tt this resolution be communicated to all State Governments and Central Mistries of the Govt. of India, Prime Mister s Office, Cabet Secretariat, Mistry of Parliamentary Affairs, Planng Commission and Comptroller and Auditor General of India, Indian Bureau of Mes, Geological Survey of India and Department of Atomic Energy. Ordered, also tt this resolution be published the Gazette of India for general formation F.No. 31/49/2014-M.III- The Indian Bureau of Mes (IBM) functions today under a crter tt was issued vide Government Resolution no.35/1/2002-m.iii dated 6 th March, 2003, and published the Gazette of India on 22 nd March There ve been numerous developments sce tt date which now necessitated a review of the role and scope of the functions of the IBM to make the IBM a competent strument for the implementation of the National Meral Policy, 2008, and to brg its crter le with the contemporary situation. Accordgly, the Government d set up, 2009, a Committee for review and restructurg of the functions and role of IBM. The Committee submitted its report to Government May, The Committee s, ter alia, suggested tt the functiong of the IBM should be under a redefed crter, and s, accordgly, provided a draft of the same. 4

9 The Government of India ve carefully considered the suggestion of the Committee and decided tt the present crter of IBM should be modified, takg to account the draft suggested by the Committee. In supersession of all of earlier resolution this regard, Government ve decided tt the crter of functions of IBM will be as follows: CHARTER OF FUNCTIONS OF INDIAN BUREAU OF MINES The objective of the IBM will be to promote systematic and scientific development and optimum utilization of meral resources of the country (both on-shore and off-shore). In order to achieve this objective the IBM will: 1. Collect, collate, and organize to a database, all formation on exploration, prospectg, mes and merals the country the spe of a National Meral Information Repository and take steps to publish and dissemate the same; 2. Function as the National Technical Regulator respect of the mg sector, and lay down regulations, procedures and systems to guide the State Governments (first tier of regulation); 3. Build up capacity the system, both for regulatory as well as the developmental work, at the central level as well as at the level of the States; 4. Establish stitutional mecnisms of coordation between the Centre, the States, meral dustry, research and academic stitutions, and all stake holders, so as to proactively develop solutions to the demands and problems faced by the dustry; 5. Promote research on all aspects of practical relevance to the dustry and to act as a bridge between research stitutions on the one nd and user dustry on the other; 6. Provide technical consultancy services; 7. Participate ternational collaborative projects the area of regulation and development of the meral sector; 8. Advise Government on all matters relatg to the meral dustry; and 9. Undertake any such other activity as s become necessary the light of developments the field of geology, mg, meral beneficiation and the environment. ORDER Ordered, tt this resolution be communicated to all State Governments, Mistries of the Government of India, Prime Mister s Office, Cabet Secretariat, and Comptroller and Auditor General of India. Ordered, also tt this resolution be published the Gazette of India for general formation. 5. Mistry of Commerce and Industry (Department of Commerce), S.O. 2842(E): In exercise of powers conferred under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 1.3 of the Foreign Trade Policy, , as amended from time to time, the Central Government hereby makes the followg amendments Import Policy of Cpter 25 of ITC (HS) 2012, Schedule I (Import Policy): Exim Code Item Description 2505 Natural Sands of all kds, whether or not coloured, other tn Metal-Bearg Sands of Cpter 26 Existg 5 Revised

10 Silica sands and sands: Silica sands: Processed ( White) Free Subject to Plant Quarante (Regulation of Import to India) Order, Processed ( Brown) Free Subject to Plant Quarante (Regulation of Import to India) Order, Other Free Subject to Plant Quarante (Regulation of Import to India) Order, sands Free Subject to Plant Quarante (Regulation of Import to India) Order, Other Free Subject to Plant Quarante (Regulation of Import to India) Order, Effect of this Notification: The Import Policy of Natural Sands is revised. Now, import of sand will be subject to Plant Quarante (Regulation of Import to India) Order, Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (ii), dated Mistry of Fance (Department of Revenue) (Central Board of Excise and Customs), G.S.R. 785(E): In the English version of the notification of the Government of India, the Mistry of Fance (Department of Revenue), No. 187/ CUSTOMS (N.T.), dated the 31 st December, 2009, published the Gazette of India, Extraordary, Part-II, Section 3, Sub section (i), vide number G.S.R. 936 (E), dated the 31st December, 2009, at page 88, after le 10, the followg sll be serted, namely:- Cpter 79 Zc and Articles Thereof A cnge to headg through from any other headg. Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (i), dated Mistry of Steel, S.O. 3065(E): In exercise of the powers conferred by Section 14 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Central Government, after consultg the Bureau of Indian Standards, hereby makes the followg order further to amend the Steel and Steel Products (Quality Control) Second Order, 2012, namely : 6

11 1. (1) This order may be called the Steel and Steel Products (Quality Control) Second (2nd Amendment) Order, (2) It sll come to force on the date of its publication the Official Gazette. 2. In the Steel and Steel Products (Quality Control) Second Order, 2012 (hereafter referred to as Second Order) paragraph 2, clause (b), after sub-clause (iii), the followg clause sll be serted, namely: (iv) Appropriate officer nomated by Director General, Bureau of Indian Standards. 3. In the Second Order, the Schedule, agast Indian Standard number 1786, ITC (HS) codes , , , and sll be serted at the end under column (3). 4. In the Second Order, the Schedule, for Explanation, the followg sll be substituted, namely: Explanation 1. The provisions of this Order sll apply to the products described under column (2) of the Schedule covered under the relevant Indian Standard number mentioned under column (1). Explanation 2. ITC (HS) Codes mentioned under column (3) are generic and dicative nature. Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (ii), dated Mistry of Labor and Employment, S.O. 3113(E): Whereas, the Central Government vg been satisfied tt the public terest so requires tt pursuance of the provisions of sub-clause (vi) of the clause (n) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947), declared by the Notification of the Government of India the Mistry of Labour and Employment, dated the service the Iron Ore Mg Industry which is covered by item 16 of the First Schedule to the Industrial Disputes Act, 1947 (14 of 1947) to be a Public Utility Service for the purpose of the said Act, for a period of six months from the 18th June, And whereas, the Central Government is of opion tt public terest requires the extension of the said period by a further period of six months. Now, therefore, exercise of the powers conferred by the proviso to sub-clause (vi) of clause (n) of Section 2 of the Industrial Disputes Act, 1947, the Central Government hereby declares the said dustry to be a Public Utility Service for the purposes of the said Act, for a period of six months from the 18 th December, Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (ii), dated Mistry Of Commerce And Industry, S.O (E): In exercise of the powers conferred by Sub-section (1) of Section 7 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963) read with sub-rule (2) of rule 12 of the Export (Quality Control and Inspection) Rules, 1964, the Central Government hereby recognises M/s Intertek India Private Limited, No. 46, West Mad Church Road, 2nd Floor, Royapuram, Chennai , as an agency for a period of three years from the date of publication of this notification, for the spection of Merals and Ores (Group I) namely, Iron ore and Group II, namely Barytes as specified the Schedule annexed to the notification of the Government of India the erstwhile Mistry of Commerce, vide number S.O. 3975, dated the 20th December 1965,and S.O 3978, dated the 20th December, 1965 respectively, prior to export of the said Merals and Ores at Chennai, subject to the followg conditions, namely: - 7

12 (i) tt M/s Intertek India Private Limited, No. 46, West Mad Church Road, 2nd Floor, Royapuram, Chennai , sll give adequate facilities to the officers nomated by the Export Inspection Council this belf to exame the method of spection followed by them carryg out the spection under rule 4 of the Export of Merals and Ores, Group-I (Inspection) Rules, 1965 and the Export of Merals and Ores, Group- II(Inspection) Rules, 1965 and; (ii) tt M/s Intertek India Private Limited, No. 46, West Mad Church Road, 2nd Floor, Royapuram, Chennai , the performance of their function under this notification sll be bound by such directions as the Director (Inspection and Quality Control), Export Inspection Council may give writg from time to time. Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (ii), dated Mistry of Mes, S.O.423 (E): In exercise of the powers conferred by clause (e) of Section 3 of the Mes and Merals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby declares the followg merals to be mor merals addition to the merals already declared by notification as mor merals here before under the said clause: (i) Agate; (ii) Ball Clay; (iii) Barytes; (iv) Calcareous Sand; (v) Calcite; (vi) Clk; (vii) C clay; (viii) Clay (Others); (ix) Corundum; (x) Diaspore; (xi) Dolomite; (xii) Dunite or pyroxenite; (xiii) Felsite; (xiv) Felspar; (xv) Fireclay; (xvi) Fuschite ite; (xvii) Gypsum; (xviii) Jasper; (xix) Kaol; (xx) Laterite; (xxi) Limekankar; (xxii) Mica; (xxiii) Ochre; (xxiv) Pyrophyllite; (xxv) ; (xxvi) ite; (xxvii) Sand (Others); (xxviii) Sle; (xxix) Silica sand; (xxx) Slate; and (xxxi) Steatite or Talc or Soapstone. Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (ii), dated

13 11. Mistry of Labor and Employment, S.O. 602(E): Whereas, the Central Government vg been satisfied tt the public terest so requires tt pursuance of the provisions of sub-clause (vi) of the clause (n) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947), the services Industry Copper Mg Industry which is covered by item 13 of the First Schedule to the Industrial Disputes Act, 1947 (14 of 1947 ) to be a Public Utility Service for the purpose of the said Act, as was notified for a period of six months with effect from 26 th August, 2014 vide this Mistry s Notification dated And whereas, the Central Government is of opion tt public terest requires the extension of the said period by a further period of six months. Now, therefore, exercise of the powers conferred by the proviso to sub-clause (vi) of clause (n) of Section 2 of the Industrial Disputes Act, 1947, the Central Government hereby declares the said Industry to be a Public Utility Service for the purpose of the aforesaid Act, for a period of six months with effect from 26th February, Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (ii), dated Mistry of Labor and Employment, S.O. 652(E): Whereas, the Central Government vg been satisfied tt the public terest so requires tt pursuance of the provisions of sub-clause (vi) of the clause (n) of Section 2 of the Industrial Disputes Act,1947 (14 of 1947), the service Industry Manufacturg of aluma and Alumium and Mg of Bauxite which is covered by item 30 and 31 of the First Schedule to the Industrial Disputes Act, 1947 (14 of 1947) to be a Public Utility Service for the purpose of the said Act, as was notified for a period of six months with effect from 23rd September, 2014 vide this Mistry s Notification dated And whereas, the Central Government is of opion tt public terest requires the extension of the said period by a further period of six months; Now, therefore, exercise of the powers conferred by the proviso to sub-clause (vi) of clause (n) of Section 2 of the Industrial Disputes Act, 1947, the Central Government hereby declares the said dustry to be a Public Utility Service for the purposes of the aforesaid Act, for a period of six months with effect from 23rd March, Source: The Gazette of India, Extraordary, Part II-Section 3 -Sub-section (ii), dated Mistry of Law and Justice (Legislative Department), Notification No.13 The followg Act of Parliament received the assent of the President on the 26th March, 2015, and is hereby published for general formation: THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2015 NO. 10 OF 2015 An Act further to amend the Mes and Merals (Development and Regulation) Act, BE it enacted by Parliament the Sixty-sixth Year of the Republic of India as follows: 9

14 Amendment of Section 3. Amendment of Section 4. Amendment of Section 4A. Amendment of Section (1) This Act may be called the Mes and Merals (Development and Regulation) Amendment Act, (2) It sll be deemed to ve come to force on the 12th day of January, In the Mes and Merals (Development and Regulation) Act, 1957 (hereafter referred to as the prcipal Act), section 3, (i) after clause (e), the followg clause sll be serted, namely: (ea) notified merals means any meral specified the Fourth Schedule; ; (ii) after clause (g), the followg clause sll be serted, namely: (ga) prospectg licence-cum-mg lease means a two stage concession granted for the purpose of undertakg prospectg operations followed by mg operations; ; (iii) clause (hb), the word and, occurrg at the end, sll be omitted; (iv) after clause (hb), the followg clause sll be serted, namely: (hc) Special Court means a Court of Session designated as Special Court under sub-section (1) of section 30B; and. 3. In Section 4 of the prcipal Act, the second proviso to Sub-section (1), for them words and figures section 617 of the Companies Act, 1956, the words, brackets and figures clause (45) of section 2 of the Companies Act, 2013, and any such entity tt may be notified for this purpose by the Central Government sll be substituted. 4. In Section 4A of the prcipal Act, sub-section (4), for the provisos, the followg provisos sll be substituted, namely: Provided tt the State Government may, on an application made by the holder of such lease before it lapses and on beg satisfied tt it will not be possible for the holder of the lease to undertake mg operations or to contue such operations for reasons beyond his control, make an order, with a period of three months from the date of receivg of such application, subject to such conditions as may be prescribed, to the effect tt such lease sll not lapse: Provided further tt such lease sll lapse on failure to undertake mg operations or ability to contue the same before the end of a period of six months from the date of the order of the State Government: Provided also tt the State Government may, on an application made by the holder of a lease submitted with a period of six months from the date of its lapse and on beg satisfied tt such non-commencement or discontuance was due to reasons beyond the control of the holder of the lease, revive the lease with a period of three months from the date of receivg the application from such prospective or retrospective date as it thks fit but not earlier tn the date of lapse of the lease: Provided also tt no lease sll be revived under the third proviso for more tn twice durg the entire period of the lease.. 5. In section 5 of the prcipal Act, (A) sub-section (1), (i) clause (a), for the words, brackets and figures Sub-section (1) of Section 3 of the Companies Act, 1956, the words, brackets and figures clause (20) of Section 2 of the Companies Act, 2013 sll be substituted; Short title and commencement. 67 of of of of of

15 (ii) for the proviso, the followg proviso sll be substituted, namely: Provided tt respect of any meral specified Part A and Part B of the First Schedule, no reconnaissance permit, prospectg licence or mg lease sll be granted except with the previous approval of the Central Government. ; (B) sub-section (2), (i) for clause (a), the followg clause sll be substituted, namely: (a) there is evidence to show the existence of meral contents the area for which the application for a mg lease s been made accordance with such parameters as may be prescribed for this purpose by the Central Government; ; (ii) after clause (b), the followg proviso sll be serted, namely: Provided tt a mg lease may be granted upon the filg of a mg plan accordance with a system established by the State Government for preparation, certification, and monitorg of such plan, with the approval of the Central Government.. 6. In Section 6 of the prcipal Act, sub-section (1), clause (b), for the proviso, the followg proviso sll be substituted, namely: Provided tt if the Central Government is of the opion tt the terest of the development of any meral or dustry, it is necessary so to do, it may, for reasons to be recorded writg, crease the aforesaid area limits respect of prospectg licence or mg lease, so far as it pertas to any particular meral, or to any specified category of deposits of such meral, or to any particular meral located any particular area.. 7. For Section 8 of the prcipal Act, the followg section sll be substituted, namely: 8. (1) The provisions of this section sll apply to merals specified Part A of the First Schedule. (2) The maximum period for which a mg lease may be granted sll not exceed thirty years: Provided tt the mimum period for which any such mg lease may be granted sll not be less tn twenty years. (3) A mg lease may be renewed for a period not exceedg twenty years with the previous approval of the Central Government.. 8. After Section 8 of the prcipal Act, the followg section sll be serted, namely: 8A. (1) The provisions of this section sll apply to merals other tn those specified Part A and Part B of the First Schedule. (2) On and from the date of the commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015, all mg leases sll be granted for the period of fifty years. (3) All mg leases granted before the commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015 sll be deemed to ve been granted for a period of fifty years. Amendment of section 6. Substitution of new Section for Section 8. Periods for which mg leases may be granted or renewed. Insertion of new Section 8A. Period of grant of a mg lease for merals other tn coal, lignite and atomic merals 11

16 (4) On the expiry of the lease period, the lease sll be put up for auction as per the procedure specified this Act. (5) Notwithstandg anythg contaed Sub-sections (2), (3) and Subsection (4), the period of lease granted before the date of commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015, where meral is used for captive purpose, sll be extended and be deemed to ve been extended up to a period endg on the 31st March, 2030 with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition tt all the terms and conditions of the lease ve been complied with. (6) Notwithstandg anythg contaed Sub-sections (2), (3) and subsection (4), the period of lease granted before the date of commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015, where meral is used for other tn captive purpose, sll be extended and be deemed to ve been extended up to a period endg on the 31st March, 2020 with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition tt all the terms and conditions of the lease ve been complied with. (7) Any holder of a lease granted, where meral is used for captive purpose, sll ve the right of first refusal at the time of auction held for such lease after the expiry of the lease period. (8) Notwithstandg anythg contaed this section, the period of mg leases, cludg existg mg leases, of Government companies or corporations sll be such as may be prescribed by the Central Government. (9) The provisions of this section, notwithstandg anythg contaed there, sll not apply to a mg lease granted before the date of commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015, for which renewal s been rejected, or which s been determed, or lapsed.. Insertion of new Sections 9B and 9C. 9. After Section 9A of the prcipal Act, the followg sections sll be serted, namely: 9B. (1) In any district affected by mg related operations, the State Government sll, by notification, establish a trust, as a non-profit body, to be called the District Meral Foundation. (2) The object of the District Meral Foundation sll be to work for the terest and benefit of persons, and areas affected by mg related operations such manner as may be prescribed by the State Government. (3) The composition and functions of the District Meral Foundation sll be such as may be prescribed by the State Government. 4) The State Government while makg rules under Sub-sections (2) and (3) sll be guided by the provisions contaed Article 244 read with Fifth and Sixth Schedules to the Constitution relatg to admistration of the Scheduled Areas and Tribal Areas and the Provisions of the of of 2007.

17 (Pancyats (Extension to the Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, (5) The holder of a mg lease or a prospectg licence-cum-mg lease granted on or after the date of commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015, sll, addition to the royalty, pay to the District Meral Foundation of the district which the mg operations are carried on, an amount which is equivalent to such percentage of the royalty paid terms of the Second Schedule, not exceedg one-third of such royalty, as may be prescribed by the Central Government. (6) The holder of a mg lease granted before the date of commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015, sll, addition to the royalty, pay to the District Meral Foundation of the district which the mg operations are carried on, an amount not exceedg the royalty paid terms of the Second Schedule such manner and subject to the categorisation of the mg leases and the amounts payable by the various categories of lease holders, as may be prescribed by the Central Government. 9C. (1) The Central Government sll, by notification, establish a Trust, as a non-profit body, to be called the National Meral Exploration Trust. (2) The object of the Trust sll be to use the funds accrued to the Trust for the purposes of regional and detailed exploration such manner as may be prescribed by the Central Government. (3) The composition and functions of the Trust sll be such as may be prescribed by the Central Government. (4) The holder of a mg lease or a prospectg licence-cum-mg lease sll pay to the Trust, a sum equivalent to two per cent of the royalty paid terms of the Second Schedule, such manner as may be prescribed by the Central Government After Section 10 of the prcipal Act, the followg sections sll be serted, namely: 10A. (1) All applications received prior to the date of commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015, sll become eligible. (2) Without prejudice to sub-section (1), the followg sll rema eligible on and from the date of commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015: (a) applications received under Section 11A of this Act; (b) where before the commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015 a reconnaissance permit or prospectg licence s been granted respect of any land for any meral, the permit holder or the licensee sll ve a right for obtag a prospectg licence followed by a mg lease, or a mg lease, as the case may be, respect of tt meral tt land, if the State Government is satisfied tt the permit holder or the licensee, as the case may be, National Meral Exploration Trust. Insertion of new Sections 10A, 10B, and 10C. Rights of existg concession holders and applicants. 13

18 Grant of mg lease respect of notified merals through auction. (i) s undertaken reconnaissance operations or prospectg operations, as the case may be, to establish the existence of meral contents such land accordance with such parameters as may be prescribed by the Central Government; (ii) s not committed any breach of the terms and conditions of the reconnaissance permit or the prospectg licence; (iii) s not become eligible under the provisions of this Act; and (iv) s not failed to apply for grant of prospectg licence or mg lease, as the case may be, with a period of three months after the expiry of reconnaissance permit or prospectg licence, as the case may be, or with such further period not exceedg six months as may be extended by the State Government; (c) where the Central Government s communicated previous approval as required under Sub-section (1) of Section 5 for grant of a mg lease, or if a letter of tent (by wtever name called) s been issued by the State Government to grant a mg lease, before the commencement of the Mes and Merals (Development and Regulation) Amendment Act, 2015, the mg lease sll be granted subject to fulfilment of the conditions of the previous approval or of the letter of tent with a period of two years from the date of commencement of the said Act: Provided tt respect of any meral specified the First Schedule, no prospectg licence or mg lease sll be granted under clause (b) of this subsection except with the previous approval of the Central Government. 10B. (1) The provisions of this section sll not be applicable to cases covered by Section 10A or Section 17A or to merals specified Part A or Part B of the First Schedule or to land respect of which the merals do not vest the Government. (2) Where there is adequate evidence to show the existence of meral contents of any notified meral respect of any area, a State Government may, after obtag the previous approval of the Central Government, grant a prospectg licence-cum-mg lease for the said notified meral such area accordance with the procedure laid down Section 11. (3) In areas where the existence of meral contents of any notified meral is established the manner prescribed by the Central Government, the State Government sll notify such areas for grant of mg leases for such notified meral, the terms and conditions subject to which such mg leases sll be granted, and any other relevant conditions, such manner as may be prescribed by the Central Government. 4) For the purpose of grantg a mg lease respect of any notified meral such notified area, the State Government sll select, through auction by a method of competitive biddg, cludg e-auction, an applicant who fulfils the eligibility conditions as specified this Act). 14

19 Grant of nonexclusive Reconnaissance permits. (5) The Central Government sll prescribe the terms and conditions, and procedure, subject to which the auction sll be conducted, cludg the biddg parameters for the selection, which may clude a sre the production of the meral, or any payment lked to the royalty payable, or any other relevant parameter, or any combation or modification of them. (6) Without prejudice to the generality of Sub-section (5), the Central Government sll, if it is of the opion tt it is necessary and expedient to do so, prescribe terms and conditions, procedure and biddg parameters respect of categories of merals, size and area of meral deposits and a State or States, subject to which the auction sll be conducted: Provided tt the terms and conditions may clude the reservation of any particular me or mes for a particular end-use and subject to such condition which allow only such eligible end users to participate the auction. (7) The State Government sll grant a mg lease to an applicant selected accordance with the procedure laid down this Section respect of such notified meral any notified area. 10C. (1) Non-exclusive reconnaissance permits may be granted respect of any notified meral or non-notified meral or a group of specified merals, other tn merals specified Part A or Part B of the First Schedule, subject to such terms and conditions as may be prescribed by the Central Government. (2) The holder of such non-exclusive reconnaissance permit sll not be entitled to make any claim for the grant of any prospectg licence-cummg lease or a mg lease. 11. For Section 11 of the prcipal Act, the followg Section sll be substituted, namely: 11. (1) The provisions of this Section sll not be applicable to cases covered by section 10A or Section 17A or to merals specified Part A or Part B of the First Schedule or to land respect of which merals do not vest the Government. (2) In areas where there is evidence to show the existence of meral contents as required by clause (a) of sub-section (2) of section 5, the State Government sll grant a mg lease for merals other tn notified merals followg the procedure laid down section 10B. (3) In areas where there is adequate evidence to show the existence of meral contents as required under clause (a) of sub-section (2) of section 5, the State Government sll grant a prospectg licence-cummg lease for merals other tn notified merals accordance with the procedure laid down this section. (4) The State Government sll notify the areas which prospectg licence-cum-mg leases sll be granted for any merals other tn notified merals, the terms and conditions subject to which such Substitution of new Section for Section 11. Grant of prospectg licence-cummg lease through auction respect of merals other tn notified merals 15

20 Power of Central Government to amend First Schedule and Fourth Schedule. Insertion of new Section 12A. prospectg licence-cum-mg leases sll be granted, and any other relevant conditions, such manner as may be prescribed by the Central Government. (5) For the purpose of grantg prospectg licence-cum-mg leases, the State Government sll select, through auction by method of competitive biddg, cludg e-auction, an applicant who fulfils the eligibility conditions as specified this Act. (6) The Central Government sll prescribe the terms and conditions, and procedure, subject to which the auction sll be conducted, cludg the biddg parameters for the selection, which may clude a sre the production of the meral, or any payment lked to the royalty payable, or any other relevant parameter, or any combation or modification of them. (7) Without prejudice to the generality of Sub-section (6), the Central Government sll, if it is of the opion tt it is necessary and expedient to do so, prescribe terms and conditions, procedure and biddg parameters respect of categories of merals, size and area of meral deposits and a State or States, subject to which the auction sll be conducted. (8) The State Government sll grant a prospectg licence-cum-mg lease to an applicant selected accordance with the procedure laid down this Section. (9) The holder of a prospectg licence-cum-mg lease sll be required to complete, with the period laid down Section 7, the prospectg operations satisfactorily as specified the notice vitg applications. (10) A holder of a prospectg licence-cum-mg lease, who completes the prospectg operation as laid down Sub-section (9) and establishes the existence of meral contents the area conformity with such parameters as may be prescribed for this purpose by the Central Government, sll be required to apply for a mg lease for such area and sll ve the right to get the mg lease and thereafter undertake mg operations accordance with the provisions of this Act After Section 11A of the prcipal Act, the followg Sections sll be serted, namely: 11B. The Central Government may, by notification the Official Gazette, make rules for regulatg the grant of mg leases or other meral concessions respect of merals specified Part B of the First Schedule and for purposes connected therewith, and the State Government sll grant a reconnaissance permit, prospectg licence or mg lease respect of any such meral accordance with such rules. 11C. The Central Government may, by notification the Official Gazette, amend the First Schedule and the Fourth Schedule so as to add or delete any meral as may be specified the notification After Section 12 of the prcipal Act, the followg section sll be serted, namely: 16 Insertion of new Sections 11B and 11C. Power of Central Government to make rules for regulatg atomic merals specified under Part B of First Schedule.

21 Transfer of meral concessions. Amendment of Section A. (1) The provisions of this Section sll not apply to merals specified Part A or Part B of the First Schedule. (2) A holder of a mg lease or a prospectg licence-cum-mg lease granted accordance with the procedure laid down Section 10B or Section 11 may, with the previous approval of the State Government, transfer his mg lease or prospectg licence-cum-mg lease, as the case may be, such manner as may be prescribed by the Central Government, to any person eligible to hold such mg lease or prospectg licence-cum-mg lease accordance with the provisions of this Act and the rules made there under. (3) If the State Government does not convey its previous approval for transfer of such mg lease or prospectg licence-cum-mg lease, as the case may be, with a period of nety days from the date of receivg such notice, it sll be construed tt the State Government s no objection to such transfer: Provided tt the holder of the origal mg lease or prospectg licence-cum mg lease sll timate to the State Government the consideration payable by the successor--terest for the transfer, cludg the consideration respect of the prospectg operations already undertaken and the reports and data generated durg the operations. (4) No such transfer of a mg lease or prospectg licence-cum-mg lease, referred to Sub-section (2), sll take place if the State Government, with the notice period and for reasons to be communicated writg, disapproves the transfer on the ground tt the transferee is not eligible as per the provisions of this Act: Provided tt no such transfer of a mg lease or of a prospectg licence-cum-mg lease, sll be made contravention of any condition subject to which the mg lease or the prospectg licencecum-mg lease was granted. (5) All transfers effected under this section sll be subject to the condition tt the transferee s accepted all the conditions and liabilities under any law for the time beg force which the transferor was subject to respect of such a mg lease or prospectg licence-cum-mg lease, as the case may be. (6) The transfer of meral concessions sll be allowed only for concessions which are granted through auction. 14. In Section 13 of the prcipal Act, Sub-section (2), (i) after clause (j), the followg clause sll be serted, namely: (jj) parameters of existence of meral contents under clause (a) of Subsection (2) of Section 5; ; (ii) clause (qq), the word and occurrg at the end sll be omitted; (iii) after clause (qq), the followg clauses sll be serted, namely: (qqa) the amount of payment to be made to the District Meral Foundation under Sub-sections (5) and (6) of Section 9B; (qqb) the manner of usage of funds accrued to the National Meral Exploration Trust under Sub-section (2) of Section 9C; (qqc) the composition and functions of the National Meral Exploration Trust under Sub-section (3) of Section 9C; 17

22 Amendment of Section 17A. (qqd) the manner of payment of amount to the National Meral Exploration Trust under Sub-section (4) of Section 9C; (qqe) the terms and conditions subject to which mg leases sll be granted under Sub-section (3) of Section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction sll be conducted cludg the biddg parameters for the selection under Sub-section (5) of Section 10B; (qqg) the time limits for various stages processg applications for grant of mg lease or prospectg licence-cum-mg lease under Sections 10B, 11, 11A, 11B, and Section 17A, and their renewals; (qqh) the terms and conditions for grant of non-exclusive reconnaissance permits under Sub-section (1) of Section 10C; (qqi) the terms and conditions for grant of prospectg licence-cummg leases under Sub-section (4) of Section 11; (qqj) the terms and conditions, and procedure, cludg the biddg parameters for the selection under Sub-section (6) of Section 11; (qqk) the amount to be payable by a Government company or corporation, or a jot venture for grant of mg lease under Sub-section (2C) of Section 17A; and. 15. In Section 15 of the prcipal Act, after Sub-section (3), the followg Sub-section sll be serted, namely: (4) Without prejudice to Sub-sections (1), (2) and Sub-section (3), the State Government may, by notification, make rules for regulatg the provisions of this Act for the followg, namely: (a) the manner which the District Meral Foundation sll work for the terest and benefit of persons and areas affected by mg under Subsection (2) of Section 9B; (b) the composition and functions of the District Meral Foundation under Sub-section (3) of Section 9B; and (c) the amount of payment to be made to the District Meral Foundation by concession holders of mor merals under Section 15A After Section 15 of the prcipal Act, the followg Section sll be serted, namely: 15A. The State Government may prescribe the payment by all holders of concessions related to mor merals of amounts to the District Meral Foundation of the district which the mg operations are carried on In Section 17A of the prcipal Act, after Sub-section (2), the followg Sub-sections sll be serted, namely: 18 Amendment of Section 15. Insertion of new Section 15A. Power of State Government to collect funds for District Meral Foundation case of mor merals.