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Union of India - Section

Section 59 in The Mineral Concession Rules, 1960

59. [ Availability of area for regrant to be notified [Substituted by G.S.R. 146, dated 16.1.1980. ]

.- ] [ Substituted by G.S.R. 449(E), dated 13.4.1988.][(1) No area-(a)which was previously held or which is being held under a reconnaissance permit or a prospecting license or a mining lease; or(b)which has been reserved by the Government or any local authority for any purpose other than mining; or(c)in respect of which the order granting a permit or license or lease has been revoked under sub-rule (1) of rule 7-A or sub-rule (1) of rule 15 or sub-rule (1) of rule 31, as the case may be; or(d)in respect of which a notification has been issued under sub-section (2) or sub-section (4) of section 17; or(e)which has been reserved by the State Government or under section 17-A of the Act, shall be available for grant unless-(i)an entry to the effect that the area is available for grant is made in the register referred to in sub-rule (2) of rule 7-D or sub-rule (2) of rule 21 or sub-rule (2) of rule 40, as the case may be; and(ii)the availability of the area for grant is notified in the Official Gazette and specifying a date (being a date not earlier than thirty days from the date of the publication of such notification in the Official Gazette) from which such area shall be available for grant:Provided that nothing in this rule shall apply to the renewal of a lease in favour of the original lessee or his legal heirs notwithstanding the fact that the lease has already expired:Provided further that where an area reserved under rule 58 or under section 17-A of the Act is proposed to be granted to a Government company, no notification under clause (ii) shall be required to be issued:Provided also that where an area held under a reconnaissance permit or a prospecting license, as the case may be, is granted in terms of sub-section (1) of section 11, no notification under clause (ii) shall be required to be issued.] [Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000). ]
(2)[ The Central Government may, for reasons to be recorded in writing, relax the provisions of sub-rule (1) in any special case.] [Substituted by G.S.R. 146, dated 16.1.1980. ]