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State of Karnataka - Section

Section 31P in The Karnataka Minor Mineral Concession Rules, 1994

31P. Transfer of Lease.

(1)No lessee shall without the previous consent in writing of the competent authority :A assign, sublet, mortgage or in any other manner transfer the Quarrying Lease or any right, title or interest therein, or :B enter into an agreement, contract or understanding with any persons whereby the lessee is directly or indirectly financed to a substantial extent by such person and quarry operations and any other activities connected there with are substantially controlled by such person:Provided that nothing in the rule shall apply to mortgage made by the lessee in favour of the Institution specified in Schedule-VI.
(2)The competent authority shall not give its consent to transfer of Quarrying Lease unless the transferee:A has accepted all the conditions attached to the lease and liabilities which the transferor was having in respect of such lease:B agree to pay to equivalent around which the transferor had paid in respect of the tender or bid to obtain the right to the grant of the lease as consideration for the transfer.
(3)The competent authority by order in writing determined any lease at any time, if the lessee has in the opinion of the Competent Authority committed breach of any of the provisions of Sub-Rule(1) 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.
(4)An application for transfer of lease shall be disposed of by the competent authority within ninety days from the date of receipt of the application.
(5)The sanction for the transfer shall take effect at the end of Ninety days, from the date of such sanction, subject to the fulfilment of the conditions specified in Sub-Rule (2).
(6)Where on an application for transfer of quarrying lease, previous consent for the transfer has been obtained under this rule, a deed in such form as may be specified by the competent authority, shall be executed within ninety days of the date of obtain consent for the transfer or within such period as the competent authority may allow in this behalf.