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act 067 of 1957 : Mines and Minerals (Development and Regulation) Amendment Act, 2010 [Repealed]

Mines and Minerals (Development and Regulation) Amendment Act, 2010 [Repealed]

ACTNO. 67 OF 1957
08 September, 2010

[Repealed by Act 23 of 20162]

An Act further to amend the Mines and Minerals (Development and Regulation) Act, 1957

Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows

Section 1. Short title and commencement

(1) This Act may be called the Mines and Minerals (Development and Regulation) Amendment Act, 2010.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Insertion of new Section 11-A

In the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) (hereinafter referred to as the principal Act), after Section 11, the following section shall be inserted, namely

11-A. Procedure in respect of coal or lignite. The Central Government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect of an area containing coal or lignite, select through auction by competitive bidding on such terms and conditions as may be prescribed, a company engaged in,

(i) production of iron and steel;

(ii) generation of power;

(iii) washing of coal obtained from a mine; or

(iv) such other end use as the Central Government may, by notification in the Official Gazette, specify,

and the State Government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of coal or lignite to such company as selected through auction by competitive bidding under this section:

Provided that the auction by competitive bidding shall not be applicable to an area containing coal or lignite,

(a) where such area is considered for allocation to a Government company or corporation for mining or such other specified end use;

(b) where such area is considered for allocation to a company or corporation that has awarded a power project on the basis of competitive bids for tariff (including Ultra Mega Power Projects).

Explanation. For the purposes of this section, company means a company as defined in Section 3 of the Companies Act, 1956 (1 of 1956) and includes a foreign company within the meaning of Section 591 of that Act. ,

Section 3. Amendment of Section 13

In Section 13 of the principal Act, in sub-section (2), after clause (c), the following clause shall be inserted, namely

(d) the terms and conditions of auction by competitive bidding for selection of the company under Section 11-A; .

1. Received the assent of the President on 8-9-2010 and published in the Gazette of India, Extra., Part II, Section 1, dated 8-9-2010, pp. 1-2, No. 43

2. Ed.: Act 34 of 2010 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016: 4. Savings. The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.