National Mineral Policy 2006 - Department of Mines

B. After Rule 54 of the Mineral Concession Rules 1960 and Rule 54A:54-A - Where the State Government (or other authority) has not passed an order underRule 63A:(a)(b)(c)for a RP within four months from date of receipt of an application for RP,for a PL within ten months from the date of receipt of an application for PL;andfor ML within thirteen months from the date of receipt of an application forML, the aggrieved party may apply to the Central Government to exercise itspowers under Section 30 of the MMDR Act within 90 days of the expiry ofthe periods mentioned above.C. Delete the third proviso of Rule 63A - as this would be unnecessary in view of thetime limits provided for in Rule 54A as suggested above.11. I am of the opinion that introducing “deemed approval” concepts may encounterresistance from State Governments: justifiably so. The amendments proposed in para10 above are only in further implementation of the letter and spirit of the statute andthe Rules: they do not attempt to take away or whittle down the power of StateGovernments in respect of minerals owned by them, they only help keep the StateGovernments to adhere to the time-limits already set and imposed under existing law,and only in default of their exercising powers within such time limits can the CentralGovernment intervene.Date: 16th May, 2006Place: New Delhi(FALI S. NARIMAN)Senior Advocate260