Section 23 in Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016
23. Transfer of mining lease or prospecting licence-cum-mining lease granted through auction.
(1)Where a prospecting licence-cum-mining lease or a mining lease has been granted through auction, the holder of such concession (the transferor) may transfer such concession in the manner specified in this rule.(2)The holder of a mining lease or prospecting licence-cum-mining lease which has been granted only through auction may transfer his mining lease or prospecting licence-cum-mining lease, as the case may be, to any person eligible to hold a mining lease or prospecting licence-cum-mining lease in accordance with the Act and the rules made thereunder (the transferee) with the previous approval of the State Government.(3)The transferor and the transferee shall, prior to the transfer, jointly submit an application to the State Government in the format specified in Schedule IX, namely the "transfer application", which shall also contain details of the consideration payable by the transferee for the transfer, including the consideration in respect of the prospecting operations already undertaken and the reports and data generated during the operations.(4)The State Government within a period of ninety days from the date of receiving a transfer application made under sub-rule (3) shall convey its decision to approve or reject such transfer for reasons to be recorded in writing:Provided that if the State Government does not convey its decision for such a transfer, within a period of ninety days from the date of receiving such a transfer application, it shall be construed that the State Government has no objection to such transfer:Provided further that no such transfer of a mining lease or of a prospecting licence-cum-mining lease shall be made in contravention of any condition subject to which the mining lease or the prospecting licence-cum-mining lease was granted.(5)All transfers effected under this rule shall be subject to the condition that the transferee has accepted all the conditions and liabilities under any law for the time being in force which the transferor was subject to in respect of such a mining lease or prospecting licence-cum-mining lease, as the case may be.(6)On and from the transfer date, the transferee shall be liable towards the State Government and Central Government with respect to any and all liabilities with respect to the transferable concession.(7)The transferor and the transferee shall jointly submit a duly registered deed in the format specified in Schedule X, or a format as near thereto as possible, namely the "transfer deed", within a period of thirty days from the date of (i) receipt of a letter of approval from the State Government as specified in sub-rule (4); or (ii) expiry of period after which it is construed that the State Government has no objection to such transfer pursuant to the first proviso to sub-rule (4), as the case may be.(8)If a duly registered transfer deed is not submitted to the State Government in pursuance to sub-rule (7), then transfer application made under sub-rule (3) shall become ineligible.(9)The date of commencement of the transfer deed shall be the date on which a duly executed transfer deed is registered.(10)The State Government shall intimate the Indian Bureau of Mines in writing about any transfer of a transferable concession.(11)The State Government may, by an order in writing terminate any mining lease or prospecting licence-cum-mining lease, as the case may be, at any time if the lessee has, in the opinion of the State Government, committed a breach of any of the provisions of this rule or has transferred such lease or any right, title, or interest therein otherwise in accordance with this rule:Provided that no such order shall be made without giving the lessee a reasonable opportunity of stating his case.
