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Union of India - Section

Section 4 in Atomic Minerals Concession Rules, 2016

4. Prospecting for atomic minerals under second proviso to section 4.

(1)The agencies permitted under the second proviso to Sub-section (1) of section 4 of the Act may carry out prospecting operations for atomic minerals without a prospecting licence and such prospecting operations shall be carried out in compliance with Schedule B:Provided that where prospecting operation is to be undertaken under this Sub-rule, the agencies desirous of undertaking the prospecting operation shall submit a request to the State Government along with particulars of the area and the period required for prospecting.
(2)The State Government shall within thirty days of receipt of the request issue a notification for the purposes of Sub-rule (1) in the Official Gazette with prior approval of the Directorate.
(3)Upon issuance of the notification, the State Government shall not grant any mineral concession to any other person or agency for an area or a part thereof in relation to which a notification has been issued.
(4)Upon completion of prospecting operations under Sub-rule (1), the agency conducting the prospecting operations shall submit a geological report of its findings to the Department and the State Government in the format specified in the Schedule B and no such report is required if the prospecting operation is carried out by the Directorate.
(5)Upon receipt of a geological report under Sub-rule (4), the Directorate shall compare the grade of atomic minerals in the prospecting area with the threshold value and,-
(a)if the grade of atomic minerals is less than the threshold value, the Directorate shall provide a written intimation, along with a copy of the geological report, to the State Government, which may grant mineral concessions over such area in accordance with section 10B and section 17A of the Act, as the case may be, and the rules made thereunder;
(b)if the grade of atomic minerals is equal to or above the threshold value, then a mining lease shall be granted by the State Government only in accordance with these rules:
Provided that the Directorate shall also subject the geological reports for prospecting operations generated by the Directorate, to a similar scrutiny as above and hand over the data to the State Governments for action contemplated under clauses (a) and (b).
(6)If the Directorate finds the geological report submitted under Sub-rule (4) to be insufficient for making a determination under Sub-rule (5), it may seek additional information or direct further exploration and submission of findings with regard to such additional data as may be specified by the Directorate and upon receipt of such findings and data, the Directorate shall take action as specified in Sub-rule (5).
(7)The State Government may revoke the notification granted under Sub-rule (1), if the Directorate communicates in writing that the prospecting operations have been completed.