Section 5 in The Mines And Minerals (Development And Regulation) Act, 1957
5. Restrictions on the grant of mineral concession.
[(1) A State Government shall not grant a] [Substituted by Act 25 of 1994, Section 3, for sub-Section (1) (w.r.e.f. 25.1.1994). ] [mineral concession, prospecting license or mining lease] [Substituted by Act 38 of 1999, Section 7, for "prospecting license or mining lease"(w.e.f. 18.12.1999).] [to any person unless such person-(a)is an Indian national, or a company as defined in [clause (20) of section 2 of the Companies Act, 2013 (18 of 2013)]; and(b)satisfies such conditions as may be prescribed:[Provided that in respect of any mineral specified in Part A and Part B of the First Schedule, no mineral concession, prospecting licence or mining lease shall be granted except with the previous approval of the Central Government.] [Substituted for the existing proviso by Act No. 10 of 2015.][[Provided also that the composite licence or mining lease shall not be granted for an area to any person other than the Government, Government company or corporation, in respect of any minerals specified in Part B of the First Schedule where the grade of such mineral in such area is equal to or above such threshold value as may be notified by the Central Government.]]Explanation. - For the purposes of this sub-section, a person shall be deemed to be an Indian national,-(a)in the case of a firm or other association of individuals, only if all the members of the firm or members of the association are citizens of India; and(b)in the case of an individual, only if he is a citizen of India.](2)[ No mining lease shall be granted by the State Government unless it is satisfied that-] [Substituted by Act 37 of 1986, Section 4, for Section 5 (w.e.f. 10.2.1987).](a)[ there is evidence to show the existence of mineral contents in the area for which the application for a mining lease has been made in accordance with such parameters as may be prescribed for this purpose by the Central Government;] [Substituted by Act No. 10 of 2015.](b)[ there is a mining plan duly approved by the Central Government, or by the State Government, in respect of such category of mines as may be specified by the Central Government, for the development of mineral deposits in the area concerned.] [ Substituted by Act 38 of 1999, Section 7, for Clauses (a) and (b) (w.e.f. 18.12.1999).][Provided that a mining lease may be granted upon the filing of a mining plan in accordance with a system established by the State Government for preparation, certification, and monitoring of such plan, with the approval of the Central Government.] [Inserted by Act No. 10 of 2015.]
