5 [(1) No area –
(a) which was previously held or which is being held under a reconnaissance permit or a prospecting licence or a mining lease ; or
(b) which has been reserved by the Government or any local authority for any purpose other than mining ; or
(c) in respect of which the order granting a permit or licence or lease has been revoked under sub-rule (1) of rule 7A or sub- __________________________________________________________________
1.Substituted by G.S.R. 56 (E), dated 17.1.2000 2.Ibid. 3.Ibid. 4.Ibid. 5.Ibid.
48 rule (1) of rule 15 or sub-rule (1) of rule 31, as the case may be;
or
(d) in respect of which a notification has been issued under the sub-section (2) or sub-section (4) of section 17; or
(e) which has been reserved by the State Government or under section 17A of the Act;
shall be available for grant unless –
(i) an entry to the effect that the area is available for grant is made in the register referred to in sub-rule (2) of rule 7D or sub-rule (2) of rule 21 or sub-rule (2) of rule 40 as the case may be; and
(ii) the availability of the area for grant is notified in the Official Gazette and specifying a date (being a date not earlier than thirty days from the date of the publication of such notification in the Official Gazette) from which such area shall be available for grant:
Provided that nothing in this rule shall apply to the renewal of a lease in favour of the original lessee or his legal heirs notwithstanding the fact that the lease has already expired :
Provided further that where an area reserved under rule 58 or under section 17A of the Act is proposed to be granted to a Government Company, no notification under clause (ii) shall be required to be issued :
Provided also that where an area held under a reconnaissance permit, or a prospecting licence, as the case may be, is granted in terms of sub-section (1) of section 11, no notification under clause (ii) shall be required to be issued.]
(2) The Central Government may, for reasons to be recorded in writing relax the provisions of sub-rule (1) in any special case.