Section 5 in Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016
5. Rights of the holder of a reconnaissance permit.
(1)The holder of a reconnaissance permit which was granted prior to January 12, 2015 may, upon fulfilment of the conditions specified in sub-clause (i) to sub-clause (iv) of clause (b) of sub-section (2) of section 10A, make an application to the State Government for grant of a prospecting licence in the format specified in Schedule I within a period of three months after the expiry of the reconnaissance permit or within such further period not exceeding six months as may be extended by the State Government pursuant to sub-rule (4).(2)The State Government shall send an acknowledgement of receipt of the application submitted under sub-rule (1) to the applicant in the format specified in Schedule II within a period of three days of receipt of the application thereof:Provided that the holder of such reconnaissance permit who has already made an application to the State Government for grant of a prospecting licence before the commencement of these rules, shall not be required to submit a fresh application and his pending application shall be treated as an application made under this rule subject to the payment of fee specified in sub-rule (3).(3)Applications for grant of a prospecting licence under sub-rule (1) shall be accompanied by a non-refundable fee of rupees one thousand per square kilometre on a pro rata basis of the area over which the prospecting licence is applied for.(4)Pursuant to sub-clause (iv) of clause (b) of sub-section (2) of section 10A, the holder of a reconnaissance permit may, request for an extension of time for submission of the application referred under sub-rule (1) by submitting an application in writing to the State Government in the format specified in Schedule III, which the State Government shall accept or reject within a period of thirty days from the date of receipt thereof.(5)The State Government shall have the right to seek any additional information, document or clarification from an applicant with respect to the application made under sub-rule (1).(6)The State Government shall, subject to being satisfied that the conditions specified in sub-clause (i) to sub-clause (iv) of clause (b) of sub-section (2) of section 10A have been complied with, within a period of sixty days from the date of receipt of the duly completed application,:(a)communicate through an order its decision to grant the prospecting licence for any mineral other than those specified in the First Schedule to the Act; or(b)forward the application to the Central Government for its previous approval for grant of a prospecting licence for any mineral specified in Part C of the First Schedule to the Act.(7)In case of applications received under sub-rule (1) which have not complied with the conditions specified in sub-clause (i) to sub-clause (iv) of clause (b) of sub-section (2) of section 10A, the State Government may, after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, communicate to the applicant, its refusal to grant the prospecting licence.(8)Where the previous approval of the Central Government under clause (b) of sub-rule (6) has been sought, the application shall be disposed of by the Central Government within a period of one hundred and twenty days from the date of receipt of such application and the decision of the Central Government shall be communicated to the State Government.(9)The State Government shall, within a period of sixty days from the date of receipt of the decision of the Central Government under clause (b) of sub-rule (6), communicate the decision, of the Central Government, to grant or refuse to grant the prospecting licence, as the case may be, to the applicant through a written order.(10)Upon issuance of an order under clause (a) of sub-rule (6) or sub-rule (9) for grant of a prospecting licence, the applicant for such prospecting licence shall:(a)obtain all consent, approval, permit, no-objection as may be required under applicable laws for commencement of prospecting operations;(b)submit a scheme of prospecting; and(c)provide a performance security to the State Government in the form of a bank guarantee in the format specified in Schedule IV or as a security deposit for an amount equivalent to 0.25% of the value of estimated resources, and such performance security may be invoked by the State Government in accordance with the terms and conditions of the prospecting licence.(11)The State Government shall execute the prospecting licence deed with the applicant in the format specified in Schedule V within ninety days of fulfilment of the conditions specified in sub-rule (10), and if no such licence deed is executed within the said period due to any default on the part of the applicant, the State Government may revoke the order granting the licence and in that event the fee paid under sub-rule (3) shall be forfeited to the State Government.(12)The State Government may, for reasons to be recorded in writing and communicated to the applicant, reduce the area applied for at the time of grant of the prospecting licence.(13)The date of the commencement of the period for which a prospecting licence is granted shall be the date on which the prospecting licence deed is executed under sub-rule (11).
