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Union of India - Section

Section 8B in The Mines And Minerals (Development And Regulation) Act, 1957

8B. Provisions for period and transfer of statutory clearances.

(1)Notwithstanding anything contained in thisAct or any other law for the time being in force, all valid rights, approvals, clearances, licences and the like granted to a lessee in respect of a mine (other than those granted under the provisions of the Atomic Energy Act, 1962 and the rules made thereunder) shall continue to be valid even after expiry or termination of lease and such rights, approvals, clearances, licences and the like shall be transferred to, and vested; subject to the conditions provided under such laws; in the successful bidder of the mining lease selected through auction under this Act:Provided that where on the expiry of such lease period, mining lease has not been executed pursuant to an auction under provisions of sub-section ( 4) of section 8A, or lease executed pursuant to such auction has been terminated within a period of one year from such auction, the S tate Government may, with the previous approval of the Central Government, grant lease to a Government company or corporation for a period not exceeding ten years or till selection of new lessee through auction, whichever is earlier and such Government company or corporation shall be deemed to have acquired all valid rights, approvals, clearances, licences and the like vested with the previous lessee:Provided further that the provisions of sub-section ( 1) of section 6 shall not apply where such mining lease is granted to a Government company or corporation under the first proviso:Provided also that in case of atomic minerals having grade equal to or above the threshold value, all valid rights, approvals, clearances, licences and the like in respect of expired or terminated mining leases shall be deemed to have been transferred to, and vested in the Government company or corporation that has been subsequently granted the mining lease for the said mine.
(2)Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the new lessee to continue mining operations on the landtill expiry or termination of mining lease granted to it, in which mining operations were being carried out by the previous lessee.