Section 5
Section 5 of Mines & Minerals Development Act, 1957. A State Government shall not grant a "[ reconnaissance permit, prospecting licence or mining lease] to any person unless such person - (a) is an Indian national, or a company as defined in sub-section (1) of Section 3 of the Companies Act, 1956;
(1) A State Government shall not grant a "[ reconnaissance permit, prospecting licence or mining lease] to any person unless such person - (a) is an Indian national, or a company as defined in sub-section (1) of Section 3 of the Companies Act, 1956; and (b) satisfies such conditions as may be prescribed:
Provided that in respect of any mineral specified in the First Schedule, no [reconnaissance permit, prospecting licence or mining lease] shall be granted except with the previous approval of the Central Government.
Explanation - For the purposes of this sub-section, a person shall be deemed to be an Indian national, - (a) in the case of a firm or other association of individuals, only if all the members of the firm or members of the association are citizens of India; and (b) in the case of an individual, only if he is a citizen of India.
(2) No mining lease shall be granted by the State Government unless it is satisfied that- 2[(a) there is evidence to show that the area for which the lease is applied for has been prospected earlier or the existence of mineral contents therein has been established otherwise than by means of prospecting such area; and (b) there is a mining plan duly approved by the Central Government or by the State Government, in respect of such category of mines as may be 1 Substituted by M M (R D) Amendment Act, 1999, vide G.O.I. Ext. Part II, Section 1, No. 51, dated 20.12.99 (No. 38 of 1999). 2 Ibid. specified by the Central Government, for the development of mineral deposits in the area concerned.] Maximum area for which a prospecting licence or mining lease may be granted.
Section 5, Mines & Minerals Development Act, 1957 (Act 67 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 5
How do I find court cases under Section 5 of the Mines & Minerals Development Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Mines & Minerals Development Act 5, section 5 Mines & Minerals Development Act, section 5 of the Mines & Minerals Development Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 5 of the Mines & Minerals Development Act, and has it changed?
Its own text turns on section 1, so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When was the Mines & Minerals Development Act enacted?
Mines & Minerals Development Act was enacted in 1957 as Act 67 of 1957. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/6fc77600-dae4-499b-9f73-0c0e4dc1074c.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/402780ea-c943-4b9c-9221-9d090538a0ab/content). This page is not a substitute for legal advice.