National Mineral Policy 2006 - Department of Mines

AnnexureRecommendationPara No.2.19RecommendationAdherence to time -schedules for consideration of applications forRP,LAPL/PL and MLThe following amendment to be made in the Act to give jurisdiction to the CentralGovernment to entertain applications from aggrieved parties and take a finaldecision thereupon in the event of failure of the State Government to take adecision within the time frame envisaged in Rule 63A:A. Section 30: Powers of the Central Government. The Central Governmentmay of its own motion or on application made within the prescribed time by anaggrieved party :(i) revise any order made by a State Government or other authority inexercise of the powers conferred on it by or under this Act withrespect of any material other than a minor minerals, or(ii) where no such order has been made by the State Government or otherauthority (in exercise of the powers conferred on it by or under thisAct with respect to any mineral other than a minor mineral) within thetime prescribed therefore (under Rule 63A), pass such order that itmay think fit and appropriate in the circumstances :Provided that in cases covered by clause (ii) above the CentralGovernment shall, before passing any order under this clause, give anopportunity to the concerned State Government (or other authority) as wellas other concerned and / or aggrieved parties of being heard.B. After Rule 54 of the Mineral Concession Rules 1960 add Rule 54A :54-A- Where the State Government (or other authority) has not passed anorder under Rule 63 A:? for a non-exclusive RP within four months from date of receipt of anapplication of RP,? for a PL/LAP within ten months from the date of receipt of anapplication for PC, and? for a ML within thirteen months from the date of receipt of anapplication for ML,the aggrieved party may apply to the Central Government to exerciseits powers under Section 30 of the MMDR Act within 90 days of the expiryof the periods mentioned above.2.20C. Delete the third proviso of Rule 63 A as this would be unnecessary inview of the time limits provided for in Rule 54 A as suggested above.The committee is of the view that the amendments proposed in the previous Paraare only in further implementation of the letter and spirit of the statute and theRules : 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 existinglaw, and only in default of their exercising powers within such time limits can theCentral Government intervene.267