Section 16 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012
16. Transfer of a mining lease or contract.
(1)The lessee or contractor shall not assign, sublet, mortgage, or in any other manner transfer the lease or contract or any right, title or interest therein, to any person without prior approval of the Government;(2)When a lease is granted following the system of pre-qualification of lessees, the government may specify a lock-in period within which no transfer of such lease shall be permissible. A lessee may, however, in such cases be permitted to induct other partners/ share holders to the extent of forty nine percent of the total shareholding of the original grantee;(3)Any application for transfer of a mining lease or contract shall be accompanied with a non-refundable fee of Rs. 10,000/- per hectare, subject to a minimum of Rs. 2,00,000/-. The said application shall be signed by the lessee himself in the case of an individual, each of the partners in case of a partnership firm and by the person authorised by a special resolution of the Board of Directors, in the case of a company;(4)No consent to the transfer of mining lease or contract shall be accorded unless the applicant has paid all the outstanding mining dues in respect of the lease or contract and the transferee has accepted all the terms and conditions and the liabilities enjoined upon the transferor in respect of such mining lease or contract;(5)The transferor shall make the original or certified copies of all plans of abandoned workings in the area available to the transferee;(6)The transferor-lessee or contractor shall not charge or accept from the transferee any premium in addition to the sum spent by him in obtaining the lease or contractor and for conducting all or any of the operations in or over the lease granted to him;(7)The transferee shall be required to furnish an undertaking that he has filed up-todate income tax returns, paid income tax assessed on him or on the basis of self-assessment as provided in the Income Tax Act, 1961.(8)Subject to submission of the transfer application, complete in all respects, the government may allow the transfer of such lease or contract and prescribe such additional conditions, as it may deem appropriate;(9)The Government may refuse to allow such transfer, wherever deemed appropriate, for reasons to be recorded in writing after giving an opportunity of representation to the applicant;(10)Where the Government gives its consent for transfer of such lease or contract on an application for transfer of mining lease under sub-rule (2), a transfer lease deed shall be executed within ninety days of the date of the consent in Form ML-5 failing which, the consent of the government shall be deemed to have lapsed, unless the period is extended on the request of the lessee made prior to the expiry of such period of ninety days;(11)Where it comes to the notice of the Government that any lessee or contractor has violated the conditions prescribed in sub-rule (1) above, it may terminate such lease by an order in writing at any time. However, no such order shall be passed without giving a reasonable opportunity of show cause to the lessee or the contractor for stating his case.
