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State of Odisha - Section

Section 5 in Gemstone Policy of Orissa, 1998

5. Legal Framework.

- 5.1. Gemstone is not the "specified mineral" indicated in the First Schedule of Mines and Mineral (Regulation and Development) Act 1957. In the first schedule, only "Precious stones" have been mentioned as major mineral requiring prior approval of Government of India for grant of PI/ML. The MMRD Act however, does not define precious stones. The gemstones found in Orissa in general are of "Semi-precious varieties" and as such do not come under specified minerals listed in Schedule-I of the Act. Accordingly the State Government is competent to grant PL/ML in respect of such gemstones without prior approval Government of India However, if precious stones are found during mining operation, the necessary approval is to be obtained by the lessee as per the provisions of MMRD Act and MC Rules.
5.2Under the UNDP Project 28 gem-bearing tracts have so far been identified. Out of this 18 gem-bearing tracts have been prospected, 11 by the Directorate of Mining & Geology (DMG) and 7 by OMC. Although OMC holds PL/ML in 8 gem-bearing areas already prospected as indicated above and have applied PI in other areas in the State reserved for them, it is not possible for OMC to exploit all such areas. Government would therefore decide the tracts to be given to OMC under Mining lease for exploitation either by OMC itself or through joint ventures. The other tracts would be opened for exploitation by private parties.