[2] [(1) A State Government shall not grant a [3][reconnaissance permit, prospecting licence or mining lease] to any person unless such person--



(a) is an Indian national, or company as defined in sub-section (1) of section 3 of the Companies Act, 1956 (1 of 1956); and



(b) satisfies such conditions as may be prescribed:



Provided that in respect of any mineral specified in the First Schedule, no [4] [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--



[5] [(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 mining plan duly approved by the Central Government, or by the State Government, in respect of such category of mines as may be specified by the Central Government, for the development of mineral deposits in the area concerned.]]

FOOTNOTES:

1. Substituted by Act 37 of 1986 , Section 4, for section 5 with effect from . 10-2-1987.

2. Substituted by Act 25 of 1994 , Section 3, for sub-section (1) with effect from . 25-1-1994.

3. Substituted by Act 38 of 1999 , Section 7, for "prospecting licence or mining lease" with effect from . 18-12-1999.

4. Substituted by Act 38 of 1999 , Section 7, for "prospecting licence or mining lease" with effect from . 18-12-1999.

5. Substituted by Act 38 of 1999 , Section 7, for clauses (a) and (b) with effect from . 18-12-1999.