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Section 4A: Termination of prospecting licences, exploration licences or mining leases.

The Mines and Minerals (Development and Regulation) Act, 1957Central Act · Act 67 of 1957

[ [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 [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 [prospecting licence or exploration licence] or mining lease with respect to the area or any part thereof.

(2) Where 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 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.

[* * * * *]

(3) No order making a premature termination of a prospecting licence [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 [production and dispatch] for a period of [two years] after the date of execution of the lease or having commenced [production and dispatch], has discontinued the same for a period of [two years], the lease shall lapse on the expiry of the period of [two years] from the date of execution of the lease or, as the case may be, discontinuance of the [production and dispatch]:

[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 period of 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].]

Where this provision sits

ActThe Mines and Minerals (Development and Regulation) Act, 1957
Section4A
Marginal noteTermination of prospecting licences, exploration licences or mining leases.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 37 of 1986. . Subs. by Act 37 of 1986, s. 3, for section 4A (w.e.f. 10-2-1987).
  • substituted, Act 16 of 2023. . Subs. by Act 16 of 2023, s. 4, for the marginal heading (w.e.f. 17-8-2023).
  • substituted. . Subs. by s. 4, ibid., for prospecting license (w.e.f. 17-8-2023).
  • omitted, Act 25 of 1994. . The words , after consultation with the Central Government, omitted by Act 25 of 1994, s. 2 (w.e.f. 25-1-1994).
  • omitted, Act 38 of 1999. . Proviso omitted by Act 38 of 1999, s. 6 (w.e.f. 18-12-1999).
  • inserted, Act 16 of 2023. . Ins. by Act 16 of 2023, s. 4 (w.e.f. 17-8-2023).
  • substituted, Act 16 of 2021. . Subs. by Act 16 of 2021, s. 5, for mining operations (w.e.f. 28-3-2021).
  • substituted, Act 25 of 1994. . Subs. by Act 25 of 1994, s. 2, for one year (w.e.f. 25-1-1994).
  • substituted, Act 16 of 2021. . The provisos first, second, third and fourth subs. by Act 16 of 2021, s. 5 (w.e.f. 28-3-2021).

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