Section 23 in Bihar Minor Mineral Concession Rules, 1972
23. Transfer of lease.
(1)The lessee shall not, without the previous consent in writing of the Collector:-(a)assign, sub-let, mortgage, or in any manner, transfer the mining lease, or any right, title, or interest therein including raising rights, or(b)enter into or make any arrangement, contract or understanding including giving of raising contract whereby the lessee will or may be directly or indirectly financed to substantial extent by, or under which the lessee's operations or undertakings, will or may be substantially controlled by, any person or body of persons other than the lessee.(2)Without prejudice to the provisions of sub-rule (1), the lessee may subject to the condition specified in Rule 6, transfer his lease or any right, title or interests therein, to any person on payment of a fee of [Rs. 100] [Substituted by S. O. 1133 dated 19.8.1978.] [and production of royalty clearance certificate by lessee and transferee] [Inserted by S.O. 305 dated 26.3.1985.]:Provided that the lessee shall make available to transferee the original or certified copies of all plants of abandoned workings in the area and in a belt 3[60 metres] wide surrounding it.(3)The Collector may, by an order in writing determine any lease at any time if the lessee has, in the opinion of the Collector committed a breach of any of the provisions of sub-rule (1) or has transferred any lease or any right, title or interest therein otherwise than in accordance with sub-rule (2) :Provided that 'no such order shall be made without giving the lessee a reasonable opportunity of being heard.(4)An application for transfer of mining lease shall be disposed of by the Collector within 90 days from the date of its receipt; and, if it is disposed of within that period, it shall be deemed to have been refused.
