Section 10A:
Rights of existing concession holders and applicants.
1[10A. Rights of existing concession holders and applicants.--(1) All applications received prior
to the date of commencement of the Mines and Minerals (Development and Regulation) Amendment
Act, 2015, shall become ineligible.
(2) Without prejudice to sub-section (1), the following shall remain eligible on and from the date of
commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015:--
(a) applications received under section 11A of this Act;
(b) where before the commencement of the Mines and Minerals (Development and Regulation)
Amendment Act, 2015 a reconnaissance permit or prospecting licence has been granted in respect of
any land for any mineral, the permit holder or the licensee shall have a right for obtaining a
prospecting licence followed by a mining lease, or a mining lease, as the case may be, in respect of
that mineral in that land, if the State Government is satisfied that the permit holder or the licensee, as
the case may be,--
(i) has undertaken reconnaissance operations or prospecting operations, as the case may be,
to establish the existence of mineral contents in such land in accordance with such parameters as
may be prescribed by the Central Government;
(ii) has not committed any breach of the terms and conditions of the reconnaissance permit
or the prospecting licence;
(iii) has not become ineligible under the provisions of this Act; and
(iv) has not failed to apply for grant of prospecting licence or mining lease, as the case may
be, within a period of three months after the expiry of reconnaissance permit or prospecting
licence, as the case may be, or within such further period not exceeding six months as may be
extended by the State Government;
2[Provided that for the cases covered under this clause including the pending cases, the right
to obtain a prospecting licence followed by a mining lease or a mining lease, as the case may be,
shall lapse on the date of commencement of the Mines and Minerals (Development and
Regulation) AmendmentAct, 2021:
Provided further that the holder of a reconnaissance permit or prospecting licence whose
rights lapsed under the first proviso, shall be reimbursed the expenditure incurred towards
reconnaissance or prospecting operations in such manner as may be prescribed by the Central
Government.]
(c) where the Central Government has communicated previous approval as required under
sub-section (1) of section 5 for grant of a mining lease, or if a letter of intent (by whatever name
called) has been issued by the State Government to grant a mining lease, before the commencement
of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the mining lease shall be granted subject to fulfilment of the conditions of the previous approval or of the letter of
intent within a period of two years from the date of commencement of the said Act:
Provided that in respect of any mineral specified in the First Schedule, no prospecting
licence or mining lease shall be granted under clause (b) of this subsection except with the
previous approval of the Central Government.2[(d) in cases where right to obtain licence or lease has lapsed under, clauses (b) and (c), such
areas shall be put up for auction as per the provisions of this Act.
Provided that in respect of the minerals specified in Part B of the First Schedule where the grade
of atomic mineral is equal to or greater than the thresholdvalue, the mineral concession for such areas
shall be granted in accordance with the rules made under section 11B.]
Notes:
1. Ins. by Act 10 of 2015, s. 10 (w.e.f. 12-1-2015).2. Ins. by Act 16 of 2021, s. 13 (w.e.f. 28-3-2021).