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Union of India - Section

Section 7 in Atomic Minerals Concession Rules, 2016

7. Discovery of atomic minerals by holder of a mineral concession.

(1)If a holder of a mineral concession which has been granted pursuant to the rules made under section 13 discovers any atomic mineral, then he shall report the findings to the Directorate and the State Government in a format as may be prescribed by the Department.
(2)Upon receipt of a report under Sub-rule (1), the Directorate shall compare the grade of atomic minerals in the concession area with the threshold value and,-
(a)if the grade of atomic minerals is less than the threshold value, the mineral concession may continue its operations; or
(b)if the grade of atomic minerals is equal to or above the threshold value, then,
(i)in case of a reconnaissance permit which was granted prior to 12thJanuary, 2015, the holder of such reconnaissance permit shall be eligible to receive a prospecting licence followed by a mining lease, only if it is a Government company or corporation approved by the Department;
(ii)in case of a prospecting licence, including a prospecting licence-cum-mining lease under section 10A, the holder of such prospecting licence shall be eligible to receive a mining lease, only if it is a Government company or corporation approved by the Department; or
(iii)in case of a mining lease, the lessee shall continue mining for that particular mineral for which the mining lease was granted with the prior approval of the Department and in case of refusal by the Department the mining lease shall be terminated by the State Government as soon as the communication to this effect is received by the State Government:
Provided that the atomic minerals so discovered during the mining operations, shall be handled and disposed of in accordance with the directives issued by the Department regarding conservation of atomic minerals and the directives issued by the Board regarding radiological safety:Provided further that in case the State Government terminates the reconnaissance permit or the prospecting licence or in case the State Government terminates the mining lease on grounds of refusal by the Department, the State Government shall pay the holder of the reconnaissance permit or the prospecting licence or the mining lease, as the case may be, such sum as in its opinion would represent a fair estimate of the expenditure incurred on such reconnaissance or prospecting or mining operations, as the case may be.
(3)If the Directorate finds the report submitted under Sub-rule (1) to be insufficient for making a determination under Sub-rule (2), it may seek additional information from the holder of mineral concession or direct the holder of mineral concession to continue exploration and submit findings with regard to such additional data as may be specified by the Directorate.
(4)On receipt of the findings and data referred to in Sub-rule (3), the Directorate shall take action as specified in Sub-rule (2).