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State of Rajasthan - Section

Section 27 in Rajasthan Minor Mineral Concession Rules, 2017

27. Transfer of mineral concession.

(1)The lessee or licencee shall not, without the previous consent in writing of the competent authority,-
(i)assign, sublet, mortgage or in any other manner transfer the lease or licence or any right, title or interest therein; and
(ii)enter into or make any bona-fide arrangement, contract or understanding whereby the lessee or licencee will or may be directly or indirectly financed to a substantial extent by or under which the mining operations or undertakings will or may be substantially controlled by, any person or body of persons other than the lessee or licencee:
Provided that where the mortgagee is a state institution or a bank or a state corporation, the lessee or licencee shall inform the Mining Engineer or Assistant Mining Engineer concerned about any mortgage, within a period of one month from the date of mortgage or assignment.
(2)Every application for transfer of mining lease or quarry licence shall be submitted to Mining Engineer or Assistant Mining Engineer concerned along with,-
(i)a non-refundable application fee of rupees twenty five thousand for mining lease or ten thousand for quarry licence, as the case may be;
(ii)undertaking to pay one time premium on the basis of residual period of lease or licence as per sub-rule (9):
Provided that lease or licence granted through tender or auction shall not require to submit such undertaking.
(iii)a valid no dues certificate of transferor, transferee and their family members from the Mining Engineer or Assistant Mining Engineer concerned if they holds or has held any mineral concession, royalty collection contract or excess royalty collection contract in the State:
Provided that in case the transferor and transferee is an association of person, a partnership firm or a private limited company, such certificate shall also be furnished by all the members of association of person, all the partners of the partnership firm or all the directors of the private limited company, as the case may be. No dues certificate is to be submitted by the company or undertaking in case of limited company or government undertaking, as the case may be.Provided further that no dues certificate shall not be required where, transferee has furnished an affidavit to the satisfaction of the Government, stating that he/she/it or his/her family member does not or did not hold any mineral concession or royalty collection contract or excess royalty collection contract in the State.Provided also that where any injunction has been issued by the competent court or authority staying the recovery of the dues, non-payment thereof shall not be treated as a disqualification for transfer of lease or licence.
(iv)an affidavit giving particulars of mineral-wise areas already held under mining lease, prospecting licence or quarry licence by the transferor and transferee or with any person having joint interest or already granted but not executed or registered or applied but not granted;
(v)an affidavit by the transferee stating that he shall be abide by all the terms, conditions and liabilities of lease or licence; and
(vi)an affidavit by the transferor and transferee stating that the amount of transaction agreed between them for transfer of lease or licence in lieu of investment incurred by the transferor.
(3)The competent authority shall dispose off the application for transfer of mining lease or licence within a period of three months from the date of its receipt:Provided that where application is not disposed off within time limits, the application shall be disposed by next higher authority.Provided further that transfer of mining lease or quarry licence shall not be considered as a matter of right and the competent authority may refuse such transfer for the reasons to be recorded in writing and same shall be communicated to the lessee.Provided also that where transfer application for mining lease or quarry licence is not complete in all material particulars or is not accompanied by the required documents or any additional information or documents as specified by the Government, a thirty days notice shall be given by the competent authority requiring the applicant to complete the application or provide documents, as the case may be, failing which the transfer application shall be rejected with forfeiture of application fee by the competent authority.
(4)Where order for transfer of a mining lease has been issued, a transfer lease deed in Form -12 shall be executed within three months from the date of the order or within such period as the competent authority may allow:Provided that in case of a quarry licence an entry to this effect shall be made in the licence and quarry licence register.
(5)The transfer of lease shall be effective from the day of registration of transfer lease deed whereas transfer of licence shall be effective from the date of entry in the quarry licence.
(6)Transfer lease deed in case of mining lease shall be registered within two months from the execution of transfer deed and shall be returned to the Mining Engineer or Assistant Mining Engineer concerned.Provided that if transfer deed has not been executed or got registered within the stipulated time, the order for transfer shall be revoked by the competent authority with forfeiture of transfer application fee and premium.
(7)The following cases shall also be treated as transfer, -
(i)change from one form of business organization to another form of business organization i.e. partnership, limited liability partnership, private limited company, public limited company or any form of business activities recognized by any law to another form of business organization;
(ii)change in partner of a partnership firm;
(iii)the transfer of shares in a company, resulting in the change of control of management or ownership right of the said company;
(iv)merger or amalgamation of the lessee's or licensee's company into another company; and
(v)change of a private limited company to limited company:
Provided that in case of death of any partner or director in a firm or company and mutation has been made in favour of his legal heir, it shall not be treated as transfer but if application of mutation is not made, it shall be treated as transfer.
(8)The lessee or licencee shall inform regarding any change as mentioned in sub-rule (7) to the Mining Engineer or Assistant Mining Engineer concerned within sixty days along with the application fee and premium amount as per sub-rule (9). In such case, the transfer shall be effective from the date of such change of partner or director, as the case may be, under relevant law.
(9)Transfer of lease or licence shall be permitted subject to payment of one time premium at the time of transfer and shall not be adjusted against dead rent, annual license fees or royalty, as the case may be, as mentioned below, -
S. No. Residual period of lease or licence Premium
1 2 3
1. Upto five years Two times of annual dead rent or annual licencefee
2. More than five years and upto ten years Four times of annual dead rent or annual licencefee
3. More than ten years and upto fifteen years Six times of annual dead rent or annual licencefee
4. More than fifteen years and upto twenty years Eight times of annual dead rent or annuallicence fee
5. More than twenty years Ten times of annual dead rent or annual licencefee per rates specified in the District Mineral
Provided that amount of premium shall not be more than ten lacs.Provided further that lessee or licencee who obtained lease or licence through tender or auction shall not be required to pay additional premium amount over and above the existing premium amount.
(10)Mining lease or quarry licence granted before the commencement of these rules to a person under any category by way of lottery shall not be transferred to any other category.
(11)Lock-in period for transfer of mineral concession granted other than through auction shall be one year and subsequent transfer shall be allowed subject to condition that at least one year has elapsed since last transfer:Provided that above lock-in period shall not be applicable in cases specified in clause (i) to (v) of sub-rule (7).
(12)Mining lease of bajri (river sand) shall not be transferred.