National Mineral Policy 2006 - Department of Mines

• In the case of multiple applications, all the criteria mentioned in Section 11(3) of theAct should be taken into consideration while evaluating applications for establishingcomparative merit. The applicant must fulfil a minimum qualification regardingexperience of mine-related activity, financial resources, and nature and quality of staffbefore being considered for grant of application on the basis of the proposedinvestment in the mine or in the industry based on the mineral. (See Chapter 5 formore detailed treatment of preference that can be given to value adders.) [1.67]• Rules should be prescribed in the MCR for interpreting precisely the criteria providedunder Section 11(3) of the MMDR Act, laying down the benchmarks to the extentpossible so that there is clarity and objectivity in the application of these criteria.[1.67]• Until IBM is ready with its information website the concept of notifications will needto continue. Section 11(4), relating to the treatment to be given to concessionapplications in notified areas, will need to be modified to take non-exclusive RPs outof its purview and bring LAPLs within its purview. Notifications will be restricted toLAPLs and MLs. The former will be for greenfield areas or areas mentioned inparagraph 1.43 (vi). ML notifications will be restricted only to areas fully prospectedby GSI or state agencies and shall be for granting MLs on tender/auction basis. PLapplications are expected to emerge either from freely available RPs or from thereconnaissance data put out by GSI and state agencies. [1.67]• In cases where the holder of a LAPL/PL applies for a ML, the holder has to be giventhe exclusive right to mine the prospected deposit. There cannot be any scope forexceptions or exemptions and, therefore, Section 11(5), which grants overridingdiscretion to the state government to bypass the priority principle in any situation,should be deleted. [1.64, 1.67]Transferability of Prospecting Licences• The right to transfer a PL should be explicitly stated in the MMDR Act (and not leftto the mining rules or the licence instrument). Greater transparency can be achieved195