National Mineral Policy 2006 - Department of Mines

therefore (under Rule 63A), pass such order that it may think fit andappropriate in the circumstances:Provided that in cases covered by clause (ii) above, the Central Governmentshall, before passing any order under this clause, give an opportunity to theconcerned State Government (or other authority) as well as other concernedand/or aggrieved parties of being heard.The third proviso of Rule 63 A of the MCR, 1960 should be deleted and a new Rule54A should be added as indicated below:54A: Where the State Government (or other authority) has not passed an orderunder Rule 63A:(a)(b)(c)for a non-exclusive RP within four months from date of receipt of anapplication of RP,For a PL/LAPL within ten months from the date of receipt of anapplication for PL, andFor a ML within 13 months from the date of receipt of an application forML,the aggrieved party may apply to the Central Government to exercise its powersunder Section 30 of the MMDR Act within 90 days of the expiry of the periodsmentioned above. [2.19]• The amendments proposed above would not take away or whittle down the powers ofthe state governments in respect of minerals owned by them. Instead they would onlyserve to secure adherence to the time limits already set and imposed under the existinglaw. The Committee also recommends that necessary changes should be made in thelaws to provide that where the Centre does not grant prior approval in cases referredto it by the state government within the specified period, such prior approval shouldbe deemed to have been granted. Further, in the applications received under Section30 of the Act in situations in which no order has been made by the state government200