Mines and Minerals (Development and Regulation ) Act,1957
Act No : 67
Section :
Preferential right of certain persons.
11.Preferential right of certain persons. (1)Where a prospecting licence has been granted in respect of any land the licensee shall have a preferential right for obtaining a mining on respect of that land over any other person: 1[Provided that the State Government is satisfied that the:- (a) has undertaken prospecting, operations to establish mineral resources in such land; (b) has not committed any breach of the terms and conditions of the prospecting licence; and (c) is otherwise a fit person for-being granted the mining lease.] (2)Subject to the provisions of sub-section (1), Where two or more persons have applied for a prospecting licence or a mining lease in respect of the same land, the applicant whose application was received earlier shall have a preferential right for the grant of the licence or lease as the case may be, over an applicant whose application was received later: Provided that where any such applications are received on the same day, the State Government, after taking into consideration the matters specified in sub-section (3), may grant the prospecting licence or mining lease, as the case may be, to such one of the applicants as it may deem fit. (3) The matters referred to in sub-section (2) are the following:- (a) any special knowledge of, or experience in, prospecting operations or mining operations, as the case may be, possessed by the applicant; (b) the financial resources of the applicant (c) the nature and quality of the technical staff employed or to be employed by the applicant:- (d) such other matters as may be prescribed. (4) Notwithstanding anything contained in sub-section (2) but subject to the provision of sub-section (1), the State Government may for any special reasons to be recorded and With the previous approval of the Central Government, grant a prospecting licence or a mining --------------------------------------------------------------------- 1. Subs. by Act 37 of 1986, s.10 (w.e.f.10-2-1987) --------------------------------------------------------------------- 94 lease to an applicant whose application was received later in preference to an applicant whose application was received earlier.
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