Section 63(1) in Orissa Minor Minerals Concession Rules, 2004
(1)The licensee/lessee may, with the prior approval of the competent authority, transfer the license/lease to any person subject to the following conditions, namely;-(i)The transferor and the transferee must belong to the same category, viz., the categories, referred to in Sub-rule (2) of Rule 10, Sub-rule (2) of Rule 16 and Sub-rule (3) of Rule 27;Provided that the controlling authority may, on reasonable grounds, allow such transfer to any other category.(ii)The transfer shall be valid only for the unexpired portion of the license/lease,(iii)The transferee shall make a fresh security deposit himself and the transferor shall agree that the deposit made by the later will be deemed to have been made by the former and the transfer shall be subject to fulfillment of conditions of submission of documents prescribed under Rule 9 and 15.(iv)The competent authority shall not give his consent to transfer of the license/lease unless the transferee has accepted all the conditions and liabilities, which the transferee was having in respect of such prospecting license/mining lease/quary lease:Provided that prior approval of the competent authority/controlling authority shall not be necessary if the license/lease is mortgaged to a Nationalised Bank or Government Industrial/Financial Corporation/Institutions to obtain financial assistance for development of the quarry. However, the period of mortgage shall be co-terminus with the period of license/lease and right of the State Government to collect Government dues from the licensee/lessee shall be the first charge on the mortgaged property.
