12. Refusal of application for a prospecting license
.-(1) [The State Government may, ] [Substituted by G.S.R. 1243, dated 18.7.1963. ][after giving an opportunity of being heard and] [ Inserted by G.S.R. 734, dated 2.5.1979.] [for reasons to be recorded in writing and communicated to the applicant, refuse to grant or renew a prospecting license over the whole or part of the area applied for.] [Substituted by G.S.R. 1243, dated 18.7.1963. ][(1-A) An application for the grant or renewal of a prospecting license made under rule 9 shall not be refused by the State Government only on the ground that Form B or Form E, as the case may be, is not complete in all material particulars, or is not accompanied by the documents referred to in ] [Inserted by G.S.R. 734, dated 2.5.1979. ][clauses (d), (e), (f) and (g) of sub-rule (2)] [ Substituted by G.S.R. 449(E), dated 13.4.1988.] [of the said rule.] [Inserted by G.S.R. 734, dated 2.5.1979. ][(1-B) Where it appears that the application is not complete in all material particulars or is not accompanied by the required documents, the State Government shall, by notice, require the applicant to supply the omission or, as the case may be, furnish the documents without delay and in any case not later than thirty days from the date of receipt of the said notice by the applicant.] [ Inserted by G.S.R. 734, dated 2.5.1979.](2)An application for the grant of a prospecting license shall not be refused on the ground only that, in the opinion of the State Government, a mining lease should be granted for the area for which the application for a prospecting license has been made:Provided that where applications for the grant of prospecting license and applications for the grant of mining lease in respect of the same area are received on the same date or on different dates within a period of thirty days, the applications for the grant of mining lease shall, if the area was previously held and worked under a mining lease, be disposed of before the application for the grant of prospecting license are considered:[Provided further that the applications received for grant of prospecting license shall be liable to be considered only if they have not been already disposed of.] [ Inserted by GSR 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).][* * *] [ Rule 13 omitted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).][13-A. Status of grant on death of the applicant for prospecting license [Inserted by G.S.R. 129(E), dated 20.2.1991. ].-(1) Where an applicant for the grant of a prospecting license dies before the order granting him a prospecting license is passed, the applicant for the grant of a prospecting license shall be deemed to have been made by his legal representative.(2)In the case of an applicant in respect of whom an order granting a prospecting license is passed but who dies before the deed referred to in sub-rule (1) of rule 15 is executed, the order shall be deemed to have been passed in the name of the legal representative of the deceased.] [ Substituted by G.S.R. 86(E), dated 10.2.1987.]
