Section 15 in The Rajasthan Minor Mineral Concession Rules, 1986
15. Transfer of Mining Lease.
(1)The lessee shall not without the previous consent in writing of the competent authority:-(a)Assign, sublet, mortgage or in any other manner transfer the mining lease or any right, title or interest therein, or(b)Enter into or make any arrangement, contract or understanding whereby the lessee will or may be directly or indirectly financed to a 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 lessee.[***] [Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994][Provided that the lessee of masonary stone may, with the prior permission of concerned ME/AME and subject to such conditions as he may specify therein, allow any Government contractor to install and operate stone gitti crusher till the completion of construction work.Provided further that such permission shall be given by ME/AME after obtaining registered consent of the lessee and also on the condition that the crusher owner shall use masonary stone produced from the concerned lease area only.Provided also that wherever required, permission of Revenue and other Departments may also be taken before issuing such permission.] [Added by Rajasthan Gazette Extraordinary dated 27/05/2011](1A)[ Every application for transfer of Mining Lease shall be accompanied by a fee of [Rs. 5000/- for marble, sandstone & granite and Rs. 2000/- for other minerals] [Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994] and shall be submitted to the Mining Engineer/Assistant Mining Engineer.(1AA)The Government may subject to the condition specified in rule 11(2) transfer whole area of the lease to a person on payment to the Government transfer premium [equal to existing dead rent.] [Substituted by Government Notification dated 18/12/2004]Provided that the lease has remained in force for at least two years from the date of grant.Provided further that such transfer shall not be made if there are any dues outstanding against the transferor or transferee.Provided further also that where the mortgagee is a State Institution or a Bank or a State Corporation, it shall not be necessary for the lessee to obtain the previous consent of the competent authority or previous sanction of the State Government. However lessee shall inform the competent authority about any mortgage in favour of any State Institution, Bank or State Corporation within a period of 3 months from the date of mortgage or assignment.](2)An application for transfer of mining lease shall be disposed of by competent authority. [***] [Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994]Provided that transfer of mining lease, granted to the category of persons mentioned in [sub-rule (1) of rule 7] [Substituted by Government Notification dated 12/07/2013] shall be made only to a person belonging to any of the categories mentioned in the clause of the said sub-rule.(3)Transfer of mining lease shall not be considered as a matter of right and the Government may refuse for such transfer for the reasons to be recorded and communicated in writing to the lessee.(4)Where on an application for transfer of mining lease under this rule the competent authority has given consent for such lease, a transfer lease deed in Form No.15 or a form as near thereto as possible, shall be executed within three months of the date of the consent, or within such period as the competent authority may allow in this behalf.
