Section 5:
Reconnaissance, exploration or production to be under permit, licence or lease.
(1) No
person shall undertake any reconnaissance operation, exploration operation or production operation in the
offshore areas, except under and in accordance with the prescribed terms and conditions of a
reconnaissance permit, 1[a composite licence, or an exploration licence, or a production lease, granted].
under this Act and the rules made thereunder:
Provided that nothing in this sub-section shall apply to any reconnaissance operation or exploration
operation undertaken by the Geological Survey of India, 2[Atomic Minerals Directorate for Exploration
and Research], the Chief Hydrographer to the Government of India of 3[the National Hydrographic
Office[, the National Institute of Oceanography, the National Institute of Ocean Technology of
Department of Ocean Development of the Government of India, or 4[any other agency including a private
entity, duly authorised in this behalf by the Central Government by notification in the Official Gazette,
subject to such conditions as may be specified therein.]
5[(2) Every permittee, licensee and lessee referred to in sub-section (1), and the Government
organisation, agency or private entity referred to in the proviso thereof, shall--
(a) furnish to the administering authority and such other authority as may be prescribed, all
exploration and operational data, reports, samples and other information in respect of or collected
pursuant to an operation, in such manner and within such period, as may be prescribed; and
(b) all exploration and operational data, reports, samples and other information in respect of or
collected pursuant to an operation, shall be held by such permittee, licensee, lessee, Government
organisation, agency or private entity, as the case may be, in strict confidence and any dissemination,
pursuant to a sale or otherwise, of such data, reports or other information, or sharing of its samples, shall
be subject to such terms and conditions, as may be prescribed.]
(3) Notwithstanding anything contained in this Act, the Central Government may--
(a) authorise seaward artillery practice under the Seaward Artillery Practice Act, 1949
(8 of 1949);
(b) provide for, by notification in the Official Gazette, special measures to ensure public safety
and interest, the defence of India and civil defence, conduct of the naval operations and exercises,
national security and other strategic considerations and the matters connected therewith during war
like conditions or otherwise.
(4) No operating right shall be 6[granted, extended or acquired otherwise than in accordance with the
provisions of this Act and the rules made thereunder and any reconnaissance permit, 7[composite licence,
exploration licence or production lease, granted, extended or acquired] in contravention of the provisions
of this Act or any rules made thereunder, shall be void.
Notes:
1. Subs. by Act 17 of 2023, s. 3, for "exploration licence or production lease granted" (w.e.f. 17-8-2023).
2. Subs. by s. 3, ibid., for "Atomic Minerals Directorate of Exploration and Research" (w.e.f. 17-8-2023).
3. Subs. by s. 3, ibid., for "Naval Hydrographic Office of the Indian Navy" (w.e.f. 17-8-2023).
4. Subs. by s. 3, ibid., for "any other agency duly authorised in this behalf by the Central Government" (w.e.f. 17-8-2023).
5. Subs. by s. 3, ibid., for sub-section (2) (w.e.f. 17-8-2023).
6. Subs. by s. 3, ibid., for "granted or renewed" (w.e.f. 17-8-2023).
7. Subs. by s. 3, ibid., for "exploration licence or production lease granted, renewed or acquired" (w.e.f. 17-8-2023).