Section 45 in Maharashtra Minor Mineral Extraction (Development and Regulation)Rules, 2013
45. Transfer of quarry lease.
(1)Except with previous consent in writing of the Competent Officer, the lessee shall not,-(a)assign, sub-let, mortgage or in any other manner, transfer, the quarry lease or any right, title or interest therein, or(b)enter into, or make any arrangement, contract or understanding whereby the lessee may be financed to a substantial extent or may be substantially controlled by, any person or body of persons other than the lessee.(2)The lessee may, with the previous consent in writing of the Competent Officer, transfer his lease or any right title or interest therein, to any person on payment of a fee of rupees ten thousand to the Government:Provided that, if the lease was granted with the approval of the Director (as in the case of specific mineral) it shall not be transferred unless approval of the Director is obtained.Provided further that, no lease or permit granted to a co-operative labour society, in pursuance of a direction made under rule shall be transferred except to another such society.(3)Where the lease is transferred, the transferor shall furnish to the transferee with the original or certified copies of all plans or abandoned working in the areas covered by the lease and also the original lease deed.(4)The Competent Officer shall not give his written consent for transfer of any quarry lease unless the lessee has furnished a properly sworn in affidavit along-with his application for transfer of quarry lease specifying therein the amount that he has already taken or propose to take as consideration from the transferee:Provided that, the amount of consideration taken or proposed to be taken shall include only such sum spent by the lessee (Transferor) in obtaining the quarry lease and for conducting all quarry operations over the lease area.(5)The Competent Officer may by order in writing determine any transferred lease at any time, if the lessee has, in the opinion of the Competent Officer, committed a breach of any of the provision of these rules:Provided that, no such order shall be made without giving the lessee a reasonable opportunity of showing cause against making such an order.(6)The Competent Officer may, in the interest of mineral development and with reasons to be recorded in writing , permit amalgamation of two or more adjoining leases held by a lessee:Provided that, the period of amalgamated leases shall be co-terminus with the lease whose period will expire first.Chapter- III Terms and Conditions of Quarry Ease
