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Union of India - Section

Section 24 in The Mineral Concession Rules, 1960

24. Disposal of application for mining lease

.- [* * *] [ Sub-Rule (1) omitted by G.S.R. 6(E), dated 7.1.1993.][* * *] [ Sub-Rule (2) omitted by G.S.R. 86(E), dated 10.2.1987.][* * *] [ Sub-Rule (3) omitted by G.S.R. 6(E), dated 7.1.1993.]
(4)[ Where an application for a mining lease for a mineral or minerals not specified in the existing mining lease or mining leases is made for the whole or part of the area held under mining lease by a person other than the lessee, the State Government shall notify this fact ] [Inserted by G.S.R. 703, dated 30.3.1968. ][by registered post/acknowledgment due] [ Inserted by G.S.R. 1579, dated 6.9.1971.][to the person who already holds mining leases for another mineral in the land applied for.] [Inserted by G.S.R. 703, dated 30.3.1968. ]
(5)
(a)If on receipt of the information referred to in sub-rule (4), from the State Government, the lessee applies either for prospecting license or mining lease for newly discovered mineral or minerals within six months from the date of communication of the information by the State Government, the lessee shall be preferred in respect of such grant.
(b)If the lessee fails to apply for prospecting license or mining lease within six months, then this fact will be intimated to the applicant by the State Government and the State Government will consider the original application in accordance with the rules.
[* * *] [ Sub-Rule (6) omitted by G.S.R. 6(E), dated 7.1.1993.][24-A. Renewal of mining lease - (1) An application for the renewal of a mining lease shall be made to the State Government in 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 in this behalf;Provided that in case where the mining lease is due to expire on or before the 7th January, 2017, the application for renewal shall be made at least twelve months before the date on which the lease is due to expire.]Substituted by Notification No. G.S.R. 710 (E) dated 8.10.2014 (w.e.f. 11.11.1960)
[24-A. Renewal of mining lease [Inserted by G.S.R. 86(E), dated 10.2.1987.].-(1) An application for the renewal of a mining lease shall be made to the State Government in Form J, at least twelve months before the date on which the lease is due to expire, through such officer or authority as the State Government may specify in this behalf.]](2) [ The renewal or renewals of a mining lease granted in respect of a mineral specified in Part A and Part B of the First Schedule to the Act may be granted by the State Government with the previous approval of the Central Government.(3) The renewal or renewals of a mining lease granted in respect of a mineral not specified in Part A and Part B of the First Schedule to the Act may be granted by the State Government:] [ Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).][Provided that before granting approval for second or subsequent renewal of a mining lease, the State Government shall seek a report from the Controller General, Indian Bureau of Mines, as to whether it would be in the interest of mineral development to grant the renewal of the mining lease:Provided further that in case a report is not received from Controller General, Indian Bureau of Mines in a period of three months of receipt of the communication from the State Government, it would be deemed that the Indian Bureau of Mines has no adverse comments to offer regarding the grant of the renewal of mining lease.] [ Inserted by G.S.R. 21(E), dated 11.1.2002 (w.e.f. 11.1.2002).][* * *] [ Sub-Rules (4) and (5) omitted by G.S.R. 6(E), dated 7.1.1993.](6) [ If an application for first renewal of a mining lease made within the time referred to in sub-rule (1) is not disposed of by the State Government before the date of expiry of the lease, the period of that lease shall be deemed to have been extended by a further period of two years or till the State Government passes order thereon, whichever is earlier:Provided that the leases where applications for first renewal of mining lease have been made to the State Government and which have not been disposed of by the State Government before the date of expiry of lease and are pending for disposal as on the date of the notification of this amendment, shall be deemed to have been extended by a further period of two years from the date of coming into force of this amendment or till the State Government passes order thereon or the date of expiry of the maximum period allowed for first renewal, whichever is the earliest:Provided further that the provisions of this sub-rule shall not apply to renewal under sub-section (3) of Section 8 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957).][* * *] [ Sub-Rule (7) omitted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).](8) [ Notwithstanding anything contained in sub-rule (1) and sub-rule (6), an application for the first renewal of a mining lease, so declared under the provisions of section 4 of the Goa, Daman and Diu Mining Concession (Abolition and Declaration as Mining Lease) Act, 1987, shall be made to the State Government in Form J before the expiry of the period of mining lease in terms of sub-section (1) of section 5 of the said Act, through such officer or authority as the State Government may specify in this behalf:Provided that the State Government may, for reasons to be recorded in writing and subject to such conditions as it may think fit, allow extension of time for making of such application upto a total period not exceeding one year.] [ Inserted by G.S.R. 855(E), dated 14.10.1987.](9) [ If an application for first renewal made within the time referred to in sub-rule (8) or within the time allowed by the State Government under the proviso to sub-rule (8), the period of that lease shall be deemed to have been extended by a further period till the State Government passes orders thereon[or the date of expiry of the maximum period allowed for first renewal, whichever is earlier.] [ Substituted by G.S.R. 724(E), dated 27.9.1994, for sub-Rule (9). Earlier, it was inserted by G.S.R. 855(E), dated 14.10.1987.](10) [ The State Government may condone delay in an application for renewal of mining lease made after the time limit prescribed in sub-rule (1) provided the application has been made before the expiry of the lease.] [ Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).][Substituted by Notification No. G.S.R. 510 (E) dated 18.7.2014 (w.e.f. 11.11.1960)]
[24-B. Renewal of mining lease in favour of a person using the mineral in his own industry [Inserted by G.S.R. 86(E), dated 10.2.1987. ].-Every person who is holding mining lease for a mineral which is used in his own industry shall be entitled for the renewal of his mining lease for a period ][not exceeding twenty years] [ Substituted by G.S.R. 345(E), dated 30.3.1994.][unless he applies for a lesser period.Explanation .-"Own industry" means an industry of which the lessee is the owner or in which he holds not less than fifty per cent. of controlling interest.] [Inserted by G.S.R. 86(E), dated 10.2.1987. ]