Section 44 in Gujarat Minor Mineral Concession Rules, 2017
44. Transfer of quarry lease.
(1)A quarry lease holder (the transferor) may transfer such concession to any person eligible to hold a quarry lease in accordance with these rules (the transferee) with the prior written approval of the Government in the manner specified in the rule:Provided that in cases of an auction under sub-rule (3) and sub-rule (4) of rule 4, the transferee shall satisfy the eligibility criteria prescribed under such auction.(2)The transferor and the transferee shall, prior to the transfer, jointly submit a written application to the Government in the format specified in Form L, 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 work already undertaken and the reports and data generated during the operations. The transfer would be subject to payment of such amount by the transferor as specified in clause (a) of sub rule(4)and submission of a duly executed transfer deed as specified in clause (b) of sub-rule (4). (3) The Government within a period of ninety days from the date of receiving a transfer application made under sub-rule (2) shall convey its decision to approve or reject such transfer for reasons to be recorded in writing:Provided that if the 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 Government has no objection to such transfer:Provided further that no such transfer of a quarry lease shall be made in contravention of any condition subject to which the quarry lease was granted.(4)The transferor shall within a period of thirty days from the date of receipt of the written approval from the Government as specified in sub-rule (3) or expiry of the period after which it is construed that the Government has no objection to such transfer pursuant to the first proviso to sub-rule (3), as the case may be:(a)make payment of:(i)in case of minerals specified in Part A-I of Schedule III: rupees one lakh if residual value of mineral resources is upto rupees one crore and rupees two lakh if residual value of mineral resources is greater than rupees one crore; and(ii)in case of minerals specified in Part A-II or Part B of Schedule III: rupees five lakhs if residual value of mineral resources is upto rupees ten crores and rupees ten lakhs if residual value of mineral resources is greater than rupees ten crores;(b)submit a duly registered deed in the format specified in Form M namely the "transfer deed".(5)Subject to receipt of payments under sub-rule (4), the date of commencement of the transfer deed shall be the date on which a duly executed transfer deed is registered. On and from the transfer date, the transferee shall be liable towards the Government with respect to any and all liabilities with respect to the quarry lease.(6)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 quarry lease.(7)When the ownership of a quarry lease is transferred as per provisions of rule 444, the transferor shall hand over to the transferee within a period of seven days of the transfer of the ownership, borehole cores along with records and samples preserved, if any, all plans, sections, reports, registers and other records maintained in pursuance of the provisions of these rules or orders made thereunder, and all correspondence relevant thereto relating to the quarry lease; and when the requirements of these rules have been duly complied with, both the transferor and the transferee shall forthwith send to the Government a detailed list of borehole cores, plans, sections, reports, registers and other records that have been transferred.
