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Core Purpose

Notification under section 13 of the Mines and Minerals (Development and Regulation) Act, 1957 further amending the Mineral (Auction) Rules, 2015, to permit use of land records from the Prime Minister Gati Shakti National Master Plan for land classification and to insert new rules 9B and 17B enabling the Central Government to conduct auctions of mining leases and composite licences under section 11D.

Detailed Summary

G.S.R. 648(E), issued by the Ministry of Mines on 1 September 2023 in exercise of powers under section 13 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), promulgates the Mineral (Auction) Amendment Rules, 2023, effective from the date of publication in the Official Gazette, further amending the Mineral (Auction) Rules, 2015 (originally published vide G.S.R. 406(E) dated 20th May, 2015 and last amended vide G.S.R. 137(E) dated 18th February, 2022); it inserts a proviso in rule 5(2) and amends rule 9(1)(a) and 9(2)(b) to allow State Governments to use land classification details available on the Prime Minister Gati Shakti - National Master Plan for Multi-modal Connectivity platform or State land record portals; it inserts new rule 9B, under which State Governments must intimate to the Central Government, within forty-five days of commencement, all areas available for auction of mining leases for minerals specified in Part D of the First Schedule to the Act, report receipt of geological reports within forty-five days and termination or lapse of mining leases within fifteen days, and provide auction-related details within thirty days of a Central Government request, with rules 5 to 9 applying mutatis mutandis to Central Government-conducted auctions and the Central Government intimating the preferred bidder to the State Government for grant of the lease under rule 10; and it inserts a parallel new rule 17B applying the same forty-five/fifteen/thirty-day intimation framework and rules 16 and 17 mutatis mutandis to Central Government-conducted auctions of composite licences, with the State Government granting the licence under rule 18; the notification is signed by Dr. Veena Kumari Dermal, Joint Secretary, under file number F. No. M.VI-1/3/2023-Mines VI.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 507] NEW DELH I, FRIDAY, SEPTEMBER 1, 2023/ BHADRA 10, 194 5 CG-DL-E-02092023-248503 MINISTRY OF MINES NOTIFICATION New Delhi, the 1 September, 2023 G.S.R. 648 (E).—In exercise of the powers conferred by section 13 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes the following rules further to amend the Mineral (Auction) Rules, 2015, namely: — 1. Short title and commencement :— (1) These rules may be called the Mineral (Auction) Amendment Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Mineral (Auction) Rules, 2015 (hereinafter referred to as the said rules), in rule 5, in sub -rule (2), the following proviso shall be inserted, namely: — “Provided that where details of the land is available in the Prime Minister Gati Shakti - National Master Plan for Multi -modal Connectivity platform or land record portal of the State Government or any other Government authority, the State Government may u se such details for classification of the land.”. 3. In the said rules, in rule 9, — (i) in sub -rule (1), in clause (a), for the words “land not owned by the State Government; and”, the following shall be substituted, namely: — “land not owned by the State Government: Provided that where details of the land is available in the Prime Minister Gati Shakti - National Master Plan for Multi -modal Connectivity platform or land record portal of the State Government or any other Government authority, the State Gover nment may use such details for classification of the land; and”; (ii) in sub -rule (2), in clause (b), for the words, “land not owned by the State Government; and” the following proviso shall be substituted, namely: — “land not owned by the State Government : Provided that where details of the land is available in the Prime Minister Gati Shakti - National Master Plan for Multi -modal Connectivity platform or land record portal of the State Government or any other Government authority, the State Government may use such details for classification of the land; and”; 4. In the said rules, after rule 9A, the following rule shall be inserted, namely: — “9B. Conduct of auction of mining lease by Central Government under section 11D. —(1) The State Government shall intim ate to the Central Government the details of all the areas or mines available with the State Government for auction of mining lease, in respect of any mineral specified in the Part D of the First Schedule to the Act within forty -five days of the commenceme nt of the Mineral (Auction) Amendment Rules, 2023. (2) The State Government shall intimate to the Central Government regarding the following, namely: — (a) receipt of any geological report in respect of any mineral specified in the Part D of the First Sched ule to the Act for auction of mining lease from Geological Survey of India, Mineral Exploration Corporation Limited or any other Government or private entity, within a period of forty -five days of receiving it; (b) termination of mining lease or lapsing of letter of intent for mining lease in respect of any mineral specified in the Part D of the First Schedule to the Act, within fifteen days from such termination or lapse; (3) The Central Government may require the State Government to provide the details sp ecified under rules 5 and 9 for conduct of auction and the State Government shall provide such details to the Central Government within thirty days. (4) For conducting an auction by the Central Government for grant of mining lease under section 11D, the provisions of rules 5 to 9, as applicable to a State Government, shall mutatis mutandis be also applicable to the Central Government. (5) Upon successful completion of the auction, the Central Government shall intimate the details of the preferred bidder in the auction to the State Government and the State Government shall grant mining lease for such area to such preferred bidder in accordance with rule 10.”. 5. In the said rules, after rule 17A, the following rule shall be inserted, namely: — “17B. Conduct of auction of composite licence by Central Government under section 11D. —(1) The State Government shall intimate to the Central Government the details of all the areas or mines available with the State Government for auction of composite licence, in respect of any mineral specified in the Part D of the First Schedule to the Act within a period of forty -five days of the commencement of the Mineral (Auction) Amendment Rules, 2023. (2) The State Government shall intimate to the Central Government regarding the f ollowing, namely: — (a) receipt of any geological report in respect of any mineral specified in the Part D of the First Schedule to the Act for auction of composite licence from Geological Survey of India, Mineral Exploration Corporation Limited or any othe r Government or private entity, within a period of forty -five days of receiving it; (b) termination of composite licence or lapsing of letter of intent for composite licence in respect of any mineral specified in the Part D of the First Schedule to the Act , within fifteen days from such termination or lapse; (3) The Central Government may require the State Government to provide the details specified under rules 16 and 17 for conduct of auction and the State Government shall provide such details to the Centr al Government within thirty days. (4) For conducting an auction by the Central Government for grant of composite licence under section 11D, the provisions of rules 16 and 17, as applicable to a State Government, shall mutatis mutandis be also applicable to the Central Government. (5) Upon successful completion of the auction, the Central Government shall intimate the details of the preferred bidder in the auction to the State Government and the State Government shall grant composite licence for such area to such preferred bidder in accordance with rule 18.”. [F. No. M.VI -1/3/2023 -Mines VI] Dr. VEENA KUMARI DERMAL , Jt. Sec y. Note: - The Mineral (Auction) Rules, 2015 were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 406(E), dated the 20th May, 2015 and lastly amended, vide number G.S.R. 137(E), dated the 18th February, 2022. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Co ntroller of Publications, Delhi -110054.

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