Section 76 in Rajasthan Minor Mineral Concession Rules, 2017
76. Mutation of mineral concession, contract and permit.
(1)Where a holder of mineral concession, contract or permit, being an individual, dies during the currency of the mineral concession, contract or permit, then his legal heirs shall intimate in this regard to the Mining Engineer or Assistant Mining Engineer concerned within a period of thirty days and suspend all the mining operations in the area, immediately. Mining operations shall be resumed only after execution of mutation deed.(2)An application for mutation shall be submitted to the Mining Engineer or Assistant Mining Engineer concerned along with fee of rupees two thousand, death certificate of the deceased, affidavit of legal heirs, affidavit of other legal heirs in favour of the applicant for relinquishment of their rights, if any, within three months from the date of death. The applicant shall also submit a self-attested photo copy of PAN card and self-attested photo copy of the driving licence, passport, voter identification card or aadhar card for the photo identity and address proof along with the application.(3)After receiving the application, the Mining Engineer or Assistant Mining Engineer concerned shall invite objections through public notice in one daily news paper having wide circulation in the State and one local newspaper in the locality of the area in question. Such notice shall also be affixed on the notice board of the Mining Engineer or Assistant Mining Engineer concerned and shall also be affixed at conspicuous place at mines or quarry site. Such notice shall be of at least fifteen clear days from the date of such last publication or affixation:Provided that in case of dispute regarding legal heirship, the Mining Engineer or Assistant Mining Engineer concerned may ask the applicant to submit succession certificate issued by the competent court.(4)Every application for mutation shall be disposed off by the competent authority preferably within a period of three months.(5)Mutation deed shall be executed in Form -31 within a period of three month from the date of issue of order of mutation or within such period as the competent authority may allow in this behalf.(6)The mineral concession, contract or permit shall be deemed to have been cancelled, in case application for mutation of mineral concession, contract or permit is not submitted within specified time of three months from date of death of concessioner, contractor or permit holder.(7)The order of mutation shall be revoked by the competent authority and possession of the area shall be taken, in case where order for mutation has been passed but legal heir fails to execute mutation deed within specified time.
