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Section 7: Termination of operating right.

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

(1) Where the Central Government, after consultation with the administering authority, is of the opinion [that it is expedient in public interest, strategic interest of the country, in the interest of] development and regulation of offshore mineral resources, preservation of natural environment and prevention of pollution, avoidance of danger to public health or communication, ensuring safety of any offshore structure or conservation of mineral resources [or for any other reason], the Central Government may prematurely terminate any operating right in respect of any mineral in any offshore area or part thereof.

(2) No order for premature termination of operating right under sub-section (1) shall be made except after giving the holder of operating right a reasonable [opportunity of being heard, except in cases where premature termination is being done on the grounds of strategic interest of the country].

(3) Where the holder of any operating right fails to commence operation within the period specified in section 14 or discontinues the operation for a period of two years, the operating right shall lapse from the date of execution of the lease or, as the case may be, discontinuance of the operation:

Provided that the administering authority, on an application made by the holder of operating right and after being satisfied that such non-commencement of operation or discontinuation thereof, is due to the reasons beyond the control of the holder of operating right, may [extend the period specified in section 14 by a further period not exceeding one year and such extension shall not be granted for more than once during the entire period of operating right:]

[Provided further that where the holder of operating right--

(a) fails to undertake operation; or

(b) having commenced the operation, discontinues such operation,

before the end of the extended period, such operating right shall also lapse from the date of execution of the lease or, as the case may be, discontinuance of the operation.]

[(4) Where the holder of a production lease fails to undertake production and dispatch for a period of four years after the date of execution of the lease, or having commenced production and dispatch, discontinues the same for a period of two years, then such lease shall lapse on the expiry of the period of four years from the date of its execution or, as the case may be, two years from date of discontinuance of the production and dispatch:

Provided that the administering authority may, on an application made by the lessee, and after being satisfied that such non-commencement of production, or dispatch, or discontinuation thereof, was due to the reasons beyond the control of the lessee, may extend such period by a further period not exceeding one year, but such extension shall not be granted for more than once during the entire period of lease:

Provided further that where the lessee,--

(a) fails to undertake production or dispatch; or

(b) having commenced the production and dispatch, discontinues the same,

before the end of the extended period, such lease shall lapse from the date of its execution or, as the case may be, discontinuance of production or dispatch.]

Where this provision sits

ActThe Offshore Areas Mineral (Development and Regulation) Act, 2002
Section7
Marginal noteTermination of operating right.
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 17 of 2023. . Subs. by Act 17 of 2023, s. 5, for "that it is expedient in the interest of" (w.e.f. 17-8-2023).
  • inserted. . Ins. by s. 5, ibid. (w.e.f. 17-8-2023).
  • substituted. . Subs. by s. 5, ibid., for "opportunity of being heard" (w.e.f. 17-8-2023).
  • substituted. . Subs. by s. 5, ibid., for "condone such non-commencement or discontinuation." (w.e.f. 17-8-2023).
  • inserted. . Ins. by s. 5, ibid., (w.e.f. 17-8-2023).

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