.-(1) The lessee shall not, without the previous consent in writing of the State Government [and in the case of mining lease in respect of any mineral specified in ] [ Inserted by G.S.R. 129(E), dated 20.2.1991.][Part A and Part B of] [ Inserted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).][the First Schedule to the Act, without the previous approval of the Central Government,-] [ Inserted by G.S.R. 129(E), dated 20.2.1991.](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 [bona fide] [ Inserted by G.S.R. 56(E), dated 17.1.2000.] 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 the lessee:[* * *] [ First proviso omitted by G.S.R. 724(E), dated 27.9.1994.][Provided further that where the mortgagee is an Institution or a Bank or a corporation specified in Schedule V, it shall not be necessary for the lessee to obtain any such consent of the State Government.] [ Inserted by G.S.R. 345, dated 13.3.1973.][(1-A) The State Government shall not give its consent to transfer of mining lease unless the transferee has accepted all the conditions and liabilities which the transferor was having in respect of such mining lease.] [ Substituted by G.S.R. 724(E), dated 27.9.1994.](2)Without prejudice to the provisions of sub-rule (1) the lessee may, [* * *] [ Certain words omitted by G.S.R. 743(E), dated 25.9.2000 (w.e.f. 25.9.2000).] transfer his lease or any right, title or interest therein to a person [who has filed an affidavit stating that he has filed an up-to-date income-tax returns, paid the income-tax assessed on him and paid the income-tax on the basis of self-assessment as provided in the Income-tax Act, 1961 (43 of 1961), on payment of a fee of five hundred rupees] [ Substituted by G.S.R. 449(E), dated 13.4.1988.] to the State Government:Provided that the lessee shall make available to the transferee the original or certified copies of all plans of abandoned workings in the area and in a belt 65 metres wide surrounding it:[Provided further that where the mortgagee is an institution or a bank or a Corporation specified in Schedule V, it shall not be necessary for any such institution or bank or corporation ] [Substituted by G.S.R. 1333, dated 28.11.1974. ][to meet with the requirement relating to income-tax] [Substituted by G.S.R. 449(E), dated 13.4.1988. ]:[Provided further that the lessee shall not charge or accept from the transferee any premium in addition to the sum spent by him, in obtaining the lease, and for conducting all or any of the operations referred to in rule 30 in or over the land leased to him:] [ Inserted by G.S.R. 805, dated 30.4.1963.][* * *] [ Proviso omitted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000). Earlier, it was inserted by G.S.R. 877, dated 21.9.1985.](3)The State Government may, by order in writing, determine any lease at any time if the lessee has, in the opinion of the State Government, committed a breach of any of the provisions of sub-rule (1) [or sub-rule (1-A) ] [Inserted by G.S.R. 877, dated 21.9.1985. ][* * *] [ The words " or Sub-Rule (1-B)" omitted by G.S.R. 345(E), dated 30.3.1994.] 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 stating his case.[37-A. Transfer of lease to be executed within three months [Inserted by G.S.R. 804, dated 22.5.1979. ].-Where on an application for transfer of mining lease under rule 37, the State Government have given consent for transfer of such lease, a transfer lease deed in Form O or a form as near thereto, as possible, shall be executed within three months of the date of the consent, or within such further period as the State Government may allow in this behalf.]
