Section 6

Grant of operating right.

The Offshore Areas Mineral (Development and Regulation) Act, 2002

  • Act 17 of 2003
  • Ministry of Mines
About this Act

An Act to provide for development and regulation of mineral resources in the territorial waters, continental shelf, exclusive economic zone and other maritime zones of India and to provide for matters connected therewith or incidental thereto.

All sections
    The Central Government shall not grant an operating right to any person unless such person--
         (a) is an Indian national, or a company as defined in 1[clause (20) of section 2 of the Companies Act, 2013 (18 of 2013)]; and
         (b) satisfies such conditions as may be prescribed:
     2[Provided that no exploration licence, or composite licence, or production lease shall be granted for an area to any person other than the Government, a Government company or a corporation, in respect of any minerals specified in Part B of the First Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), subject to such conditions and manner as may be prescribed, where the grade of such mineral in such area is equal to or greater than such threshold value as the Central Government may, by notification in the Official Gazette, specify:
     Provided further that no production lease shall be granted in respect of any part of the offshore area, unless the existence of mineral resources in such offshore area has been adequately established in accordance with such parameters as may be prescribed.]
    

Notes

1. Subs. by Act 17 of 2023, s. 4, for "section 3 of the Companies Act, 1956 (1 of 1956)" (w.e.f. 17-8-2023).
2. Subs. by s. 4, ibid., for the proviso (w.e.f. 17-8-2023).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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