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Section 35: Power to make rules.

The Offshore Areas Mineral (Development and Regulation) Act, 2002Central Act · Act 17 of 2003

(1) The Central Government may, by notification in the Official Gazette, make rules for the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the terms and conditions of a reconnaissance permit, exploration licence or production lease under sub-section (1) of section 5;

[(aa) such other authority to whom, all exploration and operational data, reports, samples and other information in respect of or collected pursuant to an operation, is to be furnished by the lessee, licensee or permittee the manner and the period within which, they are to be furnished, under clause (a) of sub-section (2) of section 5;

(ab) the terms and conditions subject to which the data, reports, samples or information is to be disseminated pursuant to a sale or otherwise under clause (b) of sub-section (2) of section 5; (b) conditions for grant of operating right under clause (b) of section 6;

[(c) the conditions and manner for regulating the grant of mineral concessions in respect of minerals specified in Part B of the First Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), under the first proviso to section 6;

(ca) the parameters for adequately establishing existence of mineral resources under the second proviso to section 6;]

* * * * *

[(ja) the terms and conditions for grant of a composite licence or a production lease to a Government company or corporation under section 8;

(jb) the eligibility conditions to be fulfilled, the terms and conditions for conducting competitive bidding, the manner and bidding parameters for grant of a composite licence under sub-section (1) of section 12;

(jc) the conditions subject to which extension is to be granted to the licensee for completion of the exploration operations under the first proviso to sub-section (3) of section 12;

(jd) terms, milestone and relinquishment requirements for commencing and carrying out exploration operation under sub-section (5) of section 12;

(je) the form of application to be made to the administering authority for grant of production lease under sub-section (6) and the procedure therefor under sub-section (8) of section 12;

(jf) eligibility conditions to be fulfilled, the terms and conditions for conducting competitive bidding, the manner and bidding parameters for grant of a production lease under sub-section (1) of section 13;

(jg) the terms and conditions subject to which the production operations shall be commenced and carried out under sub-section (5) of section 13;

(jh) the group of associated minerals to be specified under sub-section (1) of section 13A;

(ji) the manner and the conditions for transfer of a composite licence or a production lease under section 13B;

(jj) such other purposes for which the funds accrued to the Offshore Area Mineral Trust shall be used under sub-section (2) of section 16A;

(jk) the composition and functions of the Offshore Area Mineral Trust under sub-section (3) of section 16A;

(jl) the manner of administration of funds accrued to the Offshore Area Mineral Trust under subsection (4) of section 16A;

(jm) the manner of payment of amounts to the Offshore Area Mineral Trust under sub-section (5) of section 16A;]

(k) norms for regulating the safety and health of persons and safety of property engaged in operations authorised under this Act, the implementation thereof and matters connected therewith under sub-section (2) of section 19;

[(ka) the steps necessary to be taken for conservation and systematic development of minerals in the offshore areas and for the protection of environment by preventing or controlling any pollution which may be caused by exploration or production operations under section 19A;]

(l) the measures to be taken for prevention and control of pollution and protection of marine environment due to activities in the offshore areas under sub-section (3) of section 20;

(m) the manner of filing application under sub-section (3) of section 28;

(n) the manner of filing reply under sub-section (4) of section 28;

(o) any other matter under clause (f) of sub-section (5) of section 28;

(p) the period within which appeal shall be preferred under, and the further period which may be permitted under the proviso to, sub-section (2) of section 34;

[(pa) the measures to be taken for preventing illegal mining, transportation, and storage of minerals and for the purposes connected therewith;]

(q) any other matter which is to be, or may be, prescribed under this Act.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

Where this provision sits

ActThe Offshore Areas Mineral (Development and Regulation) Act, 2002
Section35
Marginal notePower to make rules.
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.

  • inserted, Act 17 of 2023. . Ins. by Act 17 of 2023, s. 21, ibid. (w.e.f. 17-8-2023).
  • substituted. . Subs. by s. 21, ibid., for clause (c) (w.e.f. 17-8-2023).
  • omitted. . Clauses (d) to (j) omitted by s. 21, ibid. (w.e.f. 17-8-2023).
  • inserted. . Ins. by s. 21, ibid (w.e.f. 17-8-2023).

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