Explanation.—On and from the date of commencement of the Mines and Minerals (Development and Regulation)Amendment Act, 2021, the expression “raising, transporting or causing ... raise or transport any mineral by a person without prospecting licence, mining lease or composite licence, exploration licence or in contravention of the rules made
prescribed”, “prospecting licence”, and “prospecting operations”[1],
respectively.
16. Section 4 mandates that prospecting or mining operations shall
be under licence or lease. Sub-section ... provides for general restrictions on
undertaking prospecting and mining operations, the procedure for obtaining
prospecting licences or mining leases in respect of lands in which
under the definition of mine as referred to in clause (i); (a) “composite licence” means the prospecting licence-cum-mining lease which ... mining lease" means a lease granted for the purpose of undertaking mining operations, and includes a sub-lease granted for such purpose; (d) "mining operations
prospecting or mining operations undertaken in any area in
accordance with the terms and conditions of a prospecting
licence or mining lease granted before ... prospecting or mining operations undertaken in any area in
accordance with the terms and conditions of a prospecting
licence or mining lease granted before
section 15(1) was for regulating the grant of
prospecting licences and mining leases and for purposes
connected therewith prior to the Amendment ... quarry leases, mining leases or other
mineral concessions" has been substituted in section 15(1)
for the words "prospecting licences and mining leases
mining related operations.
What is of significance is that this provision requires the holder of a
mining lease or a prospecting licence-cum-mining lease ... prospecting licence-cum-mining lease
granted on or after 12th January, 2015 and 30% of the royalty payable in
respect of mining leases granted before
have a right for obtaining a prospecting licence
followed by a mining lease, or a mining lease, as
the case may be, in respect ... have a right for obtaining a prospecting licence
followed by a mining lease, or a mining lease, as
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the case may be, in respect
mining lease" means a lease granted for the purpose of
undertaking mining operations, and includes a sub-lease
granted for such purpose ... prospecting licence" means a licence granted for the
purpose of undertaking prospecting operations;
h. "prospecting operations" means any operations
undertaken
State
Government, of prospecting or mining operations "in any area
not already held under any prospecting licence or mining
lease....". Section ... such prospecting or mining operations had
been undertaken by a private person under a prospecting
licence or mining lease. Section 17(4) contains powers
undertaking prospecting or mining operations or prospecting operations followed by mining operations, the State Government shall grant prospecting licence, mining lease or composite licence ... First Schedule, the State Government shall grant the prospecting licence, mining lease or composite licence, as the case may be, only after obtaining the previous
