SCHEDULE I – FORM-E
9. Application for prospecting licence and its renewal
(1) An application for prospecting licence and its renewal in respect of land in which the minerals vest in Government shall be made to the State Government in Form B and Form E respectively through such officer or authority as the State Government may specify in this behalf .
(2) Every such application shall be accompanied by –
(a) a [non-refundable] fee calculated in accordance with the provisions of Schedule II ; and
(b) (Omitted)
(c) (Omitted)
(d) a valid clearance certificate, in the form prescribed by the State Government , of payment of mining dues, such as royalty or dead rent and surface rent payable under the Act or the rules made thereunder, from that Government or any officer or authority by that Government in this behalf ;
Provided [ ] that in case the applicant is a partnership firm or a private limited company such certificates shall be furnished by all partners of the partnership firm or, as the case may be, all members of the private limited company.
[Provided further that where any injunction has been issued by court of law or any other competent authority staying the recovery of any such mining dues or income tax, non payment thereof shall not be treated as a disqualification for the purpose of granting or renewing the said prospecting licence:
Provided that where a person has furnished an affaidavit to the satisfaction of the State Government stating that he does not hold and has not held a prospecting licence, it shall not be necessary for him to produce the said valid clearance certificate:
Provided further that a sworn affidavit stating that no dues are outstanding shall suffice subject to the condition that the certificate required as above shall become invalid if the party fails to file the certificate within the said ninety days.]
(e) an affidavit stating that the applicant has –
(i) filed up-to-date income tax returns;
(ii) paid the income tax assessed on him ; and
(iii) paid the income tax on the basis of self-assessment as provided in the Income Tax Act ,1961;
(f) an affidavit showing particulars of areas mineral-wise in [the] State, which the applicant or any person jointly with him –
(i) already holds under a prosecuting licence ;
(ii) has applied for but not granted ; and
(iii) being applied for simultaneously.
(g) a statement in writing that the applicant, where the land is not owned by him, has obtained surface rights over the area or has obtained the consent of the owner for starting prospecting operations :
Provided that no such statement shall be necessary where the land is owned by the Government.
Provided [ ] that the consent of the owner for starting prosecuting operations in the area or part thereof may be furnished after execution of the prosecuting licence but before entry into the said area.
[Provided further that no further consent would be required in the case of renewal where consent has already been obtained during grant of the licence.]
(3) The State Government may, for reasons to be recorded in writing, relax the provisions of clause (d) of sub-rule (2) of rule 9.
(4) The grant of clearance certificate under clause (d) of sub-rule (2) of rule 9 shall not discharge the holder of such certificate from the liability to pay the mining dues which may subsequently be found to be payable by him under the Act or the rules made thereunder.
