Section 4A:
Termination of prospecting licences, exploration licences or mining leases.
1[
2[4A.Termination of prospecting licences, exploration licences or mining leases.]--(1) Where
the Central Government, after consultation with 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 3[prospecting licence or
exploration 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 3[prospecting licence or exploration licence] or mining lease with respect
to the area or any part thereof.
(2) Where the State Government 4*** 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 such other purposes, as the State Government may deem fit, it may,
by an order, in respect of any minor mineral, make premature termination of prospecting licence or
mining lease with respect to the area or any part thereof covered by such licence or lease.
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(3) No order making a premature termination of a prospecting licence 6[or exploration licence] or
mining lease shall be, made except after giving the holder of the licence or lease a reasonable
opportunity of being heard.
(4) Where the holder of a mining lease fails to undertake 6[production and dispatch] for a period of
8[two years] after the date of execution of the lease or having commenced 7[production and dispatch],
has discontinued the same for a period of 8[two years], the lease shall lapse on the expiry of the period of
8[two years from the date of execution of the lease or, as the case may be, discontinuance of the
7[production and dispatch]:
9[Provided that the State Government may, on an application made by the holder of such lease before
it lapses and on being satisfied that it shall not be possible for the holder of the lease to undertake
production and dispatch or to continue such production and dispatch for reasons beyond his control, make
anorder, within a period of three months from the date of receipt of such application,to extend the period of
two years by a further period not exceeding one year andsuch extension shall not be granted for more than
once during the entire periodof lease:
Provided further that such lease shall lapse on failure to undertake production and dispatch or having
commenced the production and dispatch fails to continue the same before the end of such extended
period.]
Notes:
1. Subs. by Act 37 of 1986, s. 3, for section 4A (w.e.f. 10-2-1987).
2. Subs. by Act 16 of 2023, s. 4, for the marginal heading (w.e.f. 17-8-2023).
3. Subs. by s. 4, ibid., for “prospecting license” (w.e.f. 17-8-2023).
4. The words “, after consultation with the Central Government,” omitted by Act 25 of 1994, s. 2 (w.e.f. 25-1-1994).
5. Proviso omitted by Act 38 of 1999, s. 6 (w.e.f. 18-12-1999).6. Ins. by Act 16 of 2023, s. 4 (w.e.f. 17-8-2023).
7. Subs. by Act 16 of 2021, s. 5, for “mining operations” (w.e.f. 28-3-2021).
8. Subs. by Act 25 of 1994, s. 2, for “one year” (w.e.f. 25-1-1994).
9. The provisos first, second, third and fourth subs. by Act 16 of 2021, s. 5 (w.e.f. 28-3-2021).