In these rules, unless the context otherwise requires, -
(a) "Act" means Offshore Areas Mineral (Development and Regulation) Act, 2002 (17 of 2003);
(c) "Form" means a form annexed to these rules;
(c ) "Schedule" means a schedule appended to these rules;
(d ) "section" means a section of the Act;
(e) words and expressions used in these rules which are not defined herein but defined in the Act shall have the meanings respectively assigned to them in the Act.
CHAPTER II Notification of areas for grant of permit, licence or leas-3 Availability of offshore areas for grant of permit, licence or lease- (1) No offshore area shall be available for grant unless the availability of the area for grant is notified by the administering authority in the Official Gazette specifying a date from which such area shall be available for grant under section 10.
(2) Before notifying any offshore area for grant of permit, licence or lease, the Ministry of Mines shall consult the Ministry of Defence, Ministry of Environment-and Forests, Ministry of Home Affairs, Ministry of Agriculture (Department of Animal Husbandry and Dairying - Fisheries Division ), Department of Ocean Development, Ministry of Shipping and Ministry of Petroleum and Natural Gas:
Provided that nothing in this rule shall apply to the renewal of a reconnaissance permit or an exploration licence or a production, lease in favour of the original grantee or his legal heirs notwithstanding the fact that the permit or licence or lease has already expired:
3.
100 THE GAZETTE OF INDIA : EXTRAORDINARY [FART II—SEC. 3(i)]
Provided further that where an area reserved under sub-section (1) of section 8 is proposed to be granted to a Government company, no notification under this rule shall be required to be issued:
Provided also that where an area held under an exploration licence is granted in terms of sub-section (1) of section 13, no notification under this rule shall be required tc be issued.
(3) . Where reconnaissance operation or exploration operation is to be undertaken by the Geological Survey of India, Atomic Minerals Directorate of Exploration and Research, Chief Hydrographer to the Government of India, National Institute of Oceanography, National institute of Ocean Technology or any other agency duly authorized in this behalf by the Central Government under the proviso to sub-section (1) of section 5, no prior notification under sub-rule (1) shall be required but the administering authority shall issue a notification giving details of the offshore area and period for which the reconnaissance or exploration operations are to be undertaken and a copy of the said notification shall be endorsed to the Ministry of Petroleum and Natural Gas.
CHAPTER III Grant of Reconnaissance Permits and their renewal
4. Application for reconnaissance permit and its renewal - (1) An application for a reconnaissance permit and its renewal in respect of the offshore area shall be made to the administering authority in Form A and Form B respectively.
(2) Every application under sub-rule(1).shall be accompanied by -
(a) a valid clearance certificate in Form Y regarding payment of mining dues, such as royalty or fixed rent or con,tribution towards international Seabed Authority payable under the Act or the rules made thereunder, from Central Government or any officer or authority authorized by the Central Government in this behalf:
Provided that in case the applicant is a partnership firm or a private limited company such certificate shall be furnished by all parsers of the partnership firm or, as the case may be, all members of the private limited ccjipany:
Provided further that where any injunction has been issued by a court of law or any other competent authority staying the recovery of any such mining dues or income tax, non-payment thereof shall not be treated as a disqualification for the purpose of granting or renewing the said exploration licence:
Provided also that where a person has furnished an affidavit to the satisfaction of the administering authority within a period of ninety days from the date of application stating that he does not hold and has not held a reconnaissance permit, an exploration licence or a production lease in offshore area, it shall not be necessary for him to produce the said valid clearance certificate:
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Provided also that an affidavit stating that no dues are outstanding shall be sufficient if the certificate required under this sub-rule is furnished within ninety days of the date of application and the application shall become invalid if the party fails to file the certificate within the said period of ninety days.
(b) an affidavit stating that the applicant has -
(i) filed up-to-date income-tax returns;
(ii) paid the income-tax assessed on him; and
(iii) paid the income tax on the basis of his assessment as provided in the Income-tax Act, 1961 (43 of 1961);
(c) an affidavit showing the particulars of offshore areas, mineral-wise, which the applicant or any person jointly with him -
(i) already holds under a reconnaissance permit;
(ii) has applied for but not granted; and
(iii) being applied for simultaneously.
(3) The grant of a clearance certificate under sub-rule (2) shall not discharge the holder of such certificate from the liability to pay the mining dues which may subsequently be found to be payable by him under the Act or the rules made thereunder.
5. Acknowledgement of application- (1) Where an application for the grant or renewal of reconnaissance permit is delivered personally, its receipt shall be acknowledged forthwith.
(2) Where such application is received by speed post or registered post, its receipt shall be acknowledged on the same day.
(3) In any other case, the receipt of such application shall be acknowledged within three days of the receipt.
(4) The receipt of every such application shall be acknowledged in Form C.
6. Disposal of application for renewal of reconnaissance permit- (1) An application for renewal of a reconnaissance permit shall be made at least ninety days before the expiry of the reconnaissance permit and shall be accompanied by the following documents and information >
(i) a statement relating to the reconnaissance operations already undertaken by the applicant;
(ii) the amount of expenditure incurred;
(iii) the number of hours and days for which the work was undertaken;
(iv) reasons in detail for renewal of reconnaissance permit; and
(v) the period which is required to complete the reconnaissance work.
(2) An application for the renewal of a reconnaissance permit shall be disposed of by the administering authority before the expiry of the period of reconnaissance permit, and if the application is not disposed of within that period, the permit, shall be deemed 102 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)j to have been extended for a further period till the administering authority passes its order thereon.
(3) The administering authority may,-at the time of renewal, for reasons to be recorded in writing and communicated to the applicant, reduce the area applied for.
(4) The administering authority may, if the application for the renewal has been made after the time limit specified in sub-rule (1) but before the expiry of the permit, condone the delay in submission of an application for renewal of a reconnaissance permit.
7. Grant or refusal of application for a reconnaissance permit- (1) If the administering authority is satisfied that the application is in order, he may issue an order for grant of reconnaissance permit subject to such terms and conditions as specified in rule 9 and the additional terms and conditions as may be stipulated in the permit.
(2) Where it appears that the application is not complete in all material particulars or is not accompanied by the required documents, the administering authority shall, by notice, require the applicant to supply the omission or, as the case may be, furnish the documents without delay and in any case not later than thirty days from the date of receipt of the said notice by the applicant.
(3) The administering authority may, after giving an opportunity of being heard and for reasons to be recorded in writing and communicated to the applicant, refuse to grant or renew a reconnaissance permit over the whole or part of the area applied for.
8. Status of grant on death of the applicant for reconnaissance permit- (1) Where an applicant for the grant of reconnaissance permit dies before the order granting him a reconnaissance permit is passed, the application for the grant of reconnaissance permit shall be deemed to have been made by his legal representative, in case such legal representative is otherwise eligible for the grant of permit.
(2) In the case of an applicant in respect of whom an order granting a reconnaissance permit is passed but who dies before the deed referred in sub-rule (1) of rule 11 is executed, the order shall be deemed to have been passed in the name of the legal representative of the deceased, in case such legal representative is otherwise eligible for the grant of permit.