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Union of India - Section

Section 5 in Atomic Minerals Concession Rules, 2016

5. Grant of mining lease at the instance of Department.

(1)Where on an examination of a prospecting report prepared in conformity with the parameters specified in Schedule B by the Directorate,in accordance with the provisions of Sub-rule (5) of rule 4,indicates the grade of atomic minerals to be equal to or above the threshold value, the State Government shall,-
(a)identify and demarcate the area where a mining lease is proposed to be allocated into forest land, land owned by the State Government, and land not owned by the State Government;
(b)submit a proposal for grant of mining lease over the area identified and demarcated under clause (a) with the precise areas along with survey numbers, to the Central Government with a request to nominate a Government company or corporation owned or controlled by the Government for the grant of such mining lease:
Provided that where the Central Government is of the opinion that mining in such identified area is not required to be undertaken by a Government company or corporation owned or controlled by the Government and subject to provisions of rule 6, it may, by order in writing, declare so and in such cases, the provisions of Sub-rule (2) shall apply mutatis mutandis, and the State Government may grant a mineral concession over such area in accordance with section 10B or section 11 or section 17A of the Act and the provisions of the Minerals (Evidence of Mineral Contents) Rules, 2015, the Mineral (Auction) Rules, 2015, the Mineral (Mining by Government Company) Rules, 2015 and the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016, made under section 13:Provided further that atomic minerals discovered during the mining operations shall be handled and disposed of in accordance with the directives issued by the Department regarding conservation of atomic minerals and the directives issued by the Board regarding radiological safety.
(2)Where on an examination of a prospecting report prepared in conformity with the parameters specified in Schedule B by the Directorate, in accordance with the provisions of Sub-rule (5) of rule 4 indicates the grade of atomic minerals to be less than the threshold value, the State Government may grant a mineral concession over such area in accordance with the provisions of section 10B or section 11 or section 17A of the Act and the provisions of the Minerals (Evidence of Mineral Contents) Rules, 2015, the Mineral (Auction) Rules, 2015, the Mineral (Mining by Government Company) Rules, 2015 and the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016, made under section 13:Provided that atomic minerals extracted during the mining operations shall be handled and disposed of in accordance with the directives issued by the Department regarding conservation of atomic minerals and the directives issued by the Board regarding radiological safety.