India Code: Section Details


Section 4. Prospecting or mining operations to be under licence or lease. Previous Next (1) ¹[No person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence ²[or of a exploration licence] or, as the case may be, of a mining lease, 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 ²[or of a exploration licence], mining lease granted before the commencement of this Act which is in force at such commencement: ³[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, ⁴[the Atomic Minerals Directorate for Exploration and Research] 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 ⁵[clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), and any ⁶[other entities including private entities that may be notified for this purpose, subject to such conditions as may be specified by the Central Government]]:] ⁷[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.] ⁸[(1A) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder.] (2) ⁹[No ¹⁰[mineral concession]] shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder. ⁷[(3)Any State Government may, after prior consultation with the Central Government and in accordance with the rule made under section 18, ¹¹[undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the First Schedule in any area within that State which is not already held under any ¹²[mineral concession]].] 1. Subs. by Act 38 of 1999, s. 5, for certain words (w.e.f. 18-12-1999). 2. Ins. by Act 16 of 2023, s. 3 (w.e.f. 17-8-2023). 3. Ins. by Act 37 of 1986, s. 2 (w.e.f. 10-2-1987). 4. Subs. by Act 38 of 1999, s. 5, for "the Atomic Minerals Division" (w.e.f. 18-12-1999). 5. Subs. by Act 10 of 2015, s. 3, for "section 617 of the Companies Act, 1956 (1 of 1956)" (w.e.f. 12-1-2015). 6. Subs. by Act 16 of 2021, s. 4, for certain words (w.e.f. 28-3-2021). 7. Ins. by Act 16 of 1987, s. 14 (w.e.f. 1-10-1963). 8. Ins. by Act 38 of 1999, s. 5 (w.e.f. 18-12-1999). 9. Subs. by s. 5, ibid., "No prospecting licence or mining lease" (w.e.f. 18-12-1999). 10. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting licence or mining lease" (w.e.f. 28-3-2021). 11. Subs. by Act 38 of 1999, s. 5, for certain words (w.e.f. 18-12-1999). 12. Subs. by Act 37 of 1986, s. 3, for section 4A (w.e.f. 10-2-1987). Previous Next

Section 4. Prospecting or mining operations to be under licence or lease. Previous Next

(1) ¹[No person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence ²[or of a exploration licence] or, as the case may be, of a mining lease, 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 ²[or of a exploration licence], mining lease granted before the commencement of this Act which is in force at such commencement:

³[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, ⁴[the Atomic Minerals Directorate for Exploration and Research] 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 ⁵[clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), and any ⁶[other entities including private entities that may be notified for this purpose, subject to such conditions as may be specified by the Central Government]]:]

⁷[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.]

⁸[(1A) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder.]

(2) ⁹[No ¹⁰[mineral concession]] shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder.

⁷[(3)Any State Government may, after prior consultation with the Central Government and in accordance with the rule made under section 18, ¹¹[undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the First Schedule in any area within that State which is not already held under any ¹²[mineral concession]].]

1. Subs. by Act 38 of 1999, s. 5, for certain words (w.e.f. 18-12-1999).

2. Ins. by Act 16 of 2023, s. 3 (w.e.f. 17-8-2023).

3. Ins. by Act 37 of 1986, s. 2 (w.e.f. 10-2-1987).

4. Subs. by Act 38 of 1999, s. 5, for "the Atomic Minerals Division" (w.e.f. 18-12-1999).

5. Subs. by Act 10 of 2015, s. 3, for "section 617 of the Companies Act, 1956 (1 of 1956)" (w.e.f. 12-1-2015).

6. Subs. by Act 16 of 2021, s. 4, for certain words (w.e.f. 28-3-2021).

7. Ins. by Act 16 of 1987, s. 14 (w.e.f. 1-10-1963).

8. Ins. by Act 38 of 1999, s. 5 (w.e.f. 18-12-1999).

9. Subs. by s. 5, ibid., "No prospecting licence or mining lease" (w.e.f. 18-12-1999).

10. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting licence or mining lease" (w.e.f. 28-3-2021).

11. Subs. by Act 38 of 1999, s. 5, for certain words (w.e.f. 18-12-1999).

12. Subs. by Act 37 of 1986, s. 3, for section 4A (w.e.f. 10-2-1987).

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