Mines and Minerals (Development and Regulation ) Act,1957
Act No : 67
Section :
Prospecting or mining operations to be under licence or lease.
4. Prospecting or mining operations to be under licence or lease. (1)No person shall undertake any prospecting or mining hoperation in any area, except under and in accordance with the therms and conditions of a prospecting licence or, as the case may be, a mining granted under this Act and the rules made thereunder: Provided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in any area in -accordance with terms and conditions of a prospecting licence or mining lease grant before the commencement of this Act Which is in force at Such commencement: 1[Provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the Geological Survey of India, the Indian Bureau of Mines, the Atomic Minerals. Division of the Department of Atomic Energy of the Central Government, the Directorates of Mining and Geology of any State Government (by whatever name called), and the Mineral Exploration Corporation Limited., a Government company within the meaning of section 617 of the Companies Act, 1956] 2[Provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease mining concession or by any other name) in force immediately before the commencement of this Act in the Union territory of Goa Daman and Diu.] (2) No prospecting licence or mining lease shall be granted than in accordance with the provisions of this Act and the rules thereunder. 1[(3)Any State Government may, after prior consultation with the Central Government and in accordance with the rule made under section 18, undertake prospecting or mining operations with respect to any minerals specified in the First Schedule in any area within that State which is not already held under any prospecting licence or mining lease.] 3[4A.(1)Termination of Prospecting licences or mining leases. Where the Central Government, after consultation the State Government is of opinion that it is expedient in the interest of regulation of mines and mineral development preservation of natural environment, control of floods, prevention of pollution, or to avoid danger to public health or communications or to ensure safety of buildings, monuments or other structures or for conservation of mineral resources or for maintaining safety in the mines or for such other purposes, as the Central Government may deem fit, it may request the State Government to make a premature termination of a prospecting licence or mining lease in respect of any mineral other than a minor mineral in any area or part thereof, and, on receipt of such request, the State Government shall make an order making a premature termination of such prospecting licence or mining lease with respect to the area or any part thereof. (2) Where the State Government after consultation Central Government ------------------------------------------------------------------- 1 Ins by Act 56 of 1972, s.2 2 Ins by Act 37 of 1986 s.2 (w.e.f 10-2-1987) 3 Subs by s.3 ibid (w.e.f 10-2-1987) 4 Ins by Act 16 of 1987 s.14 (w.e.f 1-10-1963) ------------------------------------------------------------------ 89
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