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Section 30: Revival of lapsed lease

Offshore Areas Mineral Concession Rules, 2006Central Rules · 2003

(1) Where a lessee is unable to commence the production operations within a period of two years from the date of execution of the production lease, or discontinues production operations for a period of exceeding two years for reasons beyond his control, he may submit an application to the administering authority explaining the reasons for the same at least within six months from the date of its lapse.

(2) The administering authority, on receipt of an application made under sub-rule (1) and on being satisfied about the adequacy and genuineness of the reasons for noncommencement of production operations or discontinuance thereof taking into consideration the matters specified in Explanations 1 and 2 to rule 29, pass an order reviving the lease :

Provided that the lease shall not be revived under this provision for more than twice during the entire period of the lease.

31. Restriction on determination of lease - (1) The lessee shall not determine the lease except after notice in writing of not less than twelve calendar months to the administering authority or to such officer, or authority as the administering authority may specify in this behalf:

120 THE GAZETTE OF INDIA : EXTRAORDINARY . [PART II—SEC. 3(i)]

Provided that where a lessee holding a production lease for a group of minerals applies for the surrender of any mineral from the lease on the ground that deposits of that mineral have since exhausted or depleted to such an extent that it is no longer economical to work the mineral, the administering authority may permit the lessee to surrender that mineral, subject to the following conditions, namely:-

(i) the lessee applies for such surrender of mineral at least six months before the intended date of surrender; and

(ii) the lessee gives an undertaking that he shall not cause any hindrance in the working of the mineral so surrendered by any other person who is subsequently granted a production lease in respect of that mineral :

Provided further that where a lessee applies for the surrender of the whole or a part of lease-hold area on the ground that deposits of minerals have since exhausted or depleted to such an extent that it is no longer economical to work in such area, the administering authority shall permit the lessee, from the date of receipt of the application, to surrender that area if the following conditions are satisfied, namely:-

(i) the lease-hold area to be surrendered is contiguous and has been properly surveyed,

(ii) the lessee has paid all the dues payable to the Central Government under the lease up to the date of application :

Provided also that surrender of the lease area by the lessee shall be permitted only thrice during the period of the lease on fulfilling the conditions, namely:-

(i) that at least a period of five years has elapsed since the last surrender;

and

(ii) that the provisions regarding systematic development of mineral deposit provided in the work programme including the measures for protection of environment have been complied with.

(2) The administering authority shall inform the Ministry of Petroleum and Natural Gas about the areas relinquished or determined indicating their coordinates.

Where this provision sits

ActOffshore Areas Mineral Concession Rules, 2006
Section30
Marginal noteRevival of lapsed lease
JurisdictionCentral
StatusIn force as published by the source

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