TO BE
PUBLISHED IN THE GAZETTE OF INDIA (EXTRAORDINARY) [PART II -
SECTION 3 -SUB-SECTION (i)] GOVERNMENT OF
INDIA MINISTRY OF
MINES NOTIFICATION New Delhi,
the 22, January ,2001
G.S.R.
31 (E).-- In exercise of
the powers conferred by section 13 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of
1957), the Central Government hereby makes the following rules further to amend the
Mineral Concession Rules, 1960, namely:- 1. (1).
These rules may
be called the Mineral Concession (Amendment) Rules, 2001. (2)
They shall come
into force on the date of their publication in the Official Gazette. 2.
In the
Mineral Concession Rules, 1960 (hereinafter referred to as the principal rules), in rule
14, in sub-rule (1) in clause (vii), for the proviso,
the following provisos shall be substituted, namely:- “Provided that no prospecting licence shall be transferred to any person who has not filed an affidavit stating that he has filed an up-to-date income-tax returns and 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) and except on payment to the State Government of a fee of five hundred rupees:
Provided further that the State Government
shall not grant its sanction for the transfer
of prospecting license unless the transferee has accepted all the conditions and
liabilities which the transferor has in
respect of such prospecting license:
Provided also that the State Government may,
by order in writing after providing the licensee the opportunity of being heard, cancel
such prospecting license at any time if the
licensee has, in the opinion of the State Government,
committed a breach of this clause or
rule 15A.". 3.
In the
principal rules, after rule 15, the following rule shall be inserted, namely:-
"15A. Where on an application for grant of sanction to transfer the prospecting license under clause (vii) of sub-rule
(1) of rule 14, the State Government has
granted sanction for transfer of such
license, a transfer deed in Form P , 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.". 4.
In the principal rules in rule 22, in sub-rule (4A), - (a) for the first proviso, the following provisos
shall be substituted, namely -
"Provided that the State Government shall exercise the power of approval of mining
plan through an officer or officers who shall possess the following qualification,
experience and pay scale, namely:- (i)
a degree in
Mining Engineering or post-graduate degree in Geology from a University established or
incorporated by or under a Central Act, a Provincial Act or a State Act, including any
institution recognized by the University
Grants Commission established under section 4 of the University Grants Commission Act,
1956(3 of 1956) or any equivalent qualification granted by any University or Institution
outside India; (ii)
professional
experience of twelve years in case of a Mining Engineer in the field of mining engineering and professional experience of eighteen years in case of a Geologist in the field of
geological survey after obtaining the qualification as specified in clause (i) in each
case; and (iii)
the pay
scale, the maximum of which shall not be less than Rs.15,850/- (Rupees fifteen thousand
eight hundred and fifty only) per month:
Provided further that the list of the
officers fulfilling the qualification,
experience and pay-scale specified in the first proviso
shall be sent to the Controller
General, Indian Bureau of Mines by the State
Governments from time to time for the purposes of that proviso"; (b) in the
second proviso, for the word "further", the
word "also" shall be substituted. 5. In
the Schedule I to the principal rules,- (a). in Index, after
serial number 18 and the entries relating thereto, the following serial number and entries
shall be inserted, namely :- " 19. Model
Form for transfer of Prospecting License Form
P”; (b) after Form O, the following Form shall be inserted,
namely:- "FORM-P Model form
for transfer of prospecting licence (See rule
15A)
When the transferor is an individual…………………This
indenture made this………..day of
…………………20….between……..(Name of the
person with address and occupation) (hereinafter referred to as the "transferor"
which expression shall where the context so admits be deemed to include his heirs,
executors, administrators, representatives and permitted assigns).
When the transferors are more than one
individual…………..(Name of persons with address and occupation)
and…………………(name of persons with address and occupation)
(hereinafter referred to as the "transferor" which expression shall where the
context so admits be deemed to include their respective heirs, executors, administrators,
representatives and their permitted assigns).
When the transferor is a registered firm……………….(Name
of the person with address of all the partners) all carrying on business in partnership
under the firm name and style of…………….(Name of the firm)
registered under the Indian Partnership Act, 1932(9 of 1932) and having their registered
office at………(hereinafter referred to as the "transferor" which
expression shall where the context so admits
be deemed to include all the said partners, their respective heirs, executors, legal
representatives and permitted assigns).
When the transferor is a registered company……….(Name
of the company) a company registered under ………….(Act under which
incorporated) and having its registered office at …………..(Address)
(hereinafter referred to as the "transferor" which expression shall where the
context so admits be deemed to include its successors and permitted assigns) of the first
part.
When the transferee is an individual…………(Name
of the person with address and occupation) (hereinafter referred to as the
"transferee" which expression shall where the context so admits be deemed to
include his heirs, executors, administrators, representatives and permitted assigns).
When the transferees are more than one
individual………..(Name of the person with address and occupation)
and………..(Name of person with address and occupation) (hereinafter referred
to as the "transferee" which expression shall where the context so admits be
deemed to include their respective heirs, executors, administrators, representatives and
permitted assigns).
When the transferee is a registered firm………….(Name
and address of all the partners all carrying on business in partnership under the firm
name and style of)………..(Name of the firm) registered under the Indian
Partnership Act, 1932(9 of 1932) and having their registered office
at………(hereinafter referred to as the "transferee" which
expression where the context so admits be deemed to include all the said partners, their
respective heirs, executors, legal representatives and permitted assigns).
When the transferee is a registered company………………(Name
of the company) a company registered under…………………(Act
under which incorporated) and having its
registered office at …………….(Address) (hereinafter referred to as
the "transferee" which expression shall where the context so admits be deemed to
include its successors and permitted assigns) of the second part.
The Governor of……………….(hereinafter referred to as the
'State Government' which expression shall where the context so admits be deemed to include
the successors and assigns) of the third part.
Whereas by virtue of an indenture of licence dated
the……………………… and registered as
No………………on…………(date) in the office of
the Sub-registrar of …………(place) (hereinafter referred to as licensor)
the original whereof is attached hereto and marked 'A' entered into between the State
Government (therein called the licensor) and the transferor (therein called the licensee),
the transferor is entitled to search for, the minerals in respect
of………….(Name of mineral(s) in the lands described in the Schedule
thereto and also in Schedule annexed hereto for the term and subject to the payment of
prospecting and other fees and royalties and observance and performance of the licensee's
covenant and conditions in the said deed of licence reserved and contained including a
covenant not to assign the licence or any interest thereunder without the previous
sanction of the State Government.
And whereas the transferor is now desirous of transferring and assigning the
licence to the transferee and the State Government has, at the request of the transferor,
granted permission to the transferor
vide order No………….dated…………. to such a transfer
and assignment of the licence upon the condition of the transferee entering into an
agreement in and containing the terms and conditions hereinafter setforth.
Now this Deed Witnesseth as follows: 1. The
transferee hereby covenants with the State Government that from and after the transfer and
assignment of the licence, the transferee shall be bound by, and be liable to perform,
observe and conform and be subject to all the provisions of all the covenants,
stipulations and conditions contained in said hereinbefore recited licence in the same
manner in all respects as if the licence had been granted to the transferee as the
licensee thereunder and he had originally executed it as such. 2.
It is further
hereby agreed and declared by the transferor of the one part and the transferee of the
other part that - (i) the
transferor and the transferee declare that they have ensured that the mineral rights over
the area for which the prospecting licence is being transferred vest in the State
Government; (ii) the transferor
hereby declares that he has not assigned, subject, mortgaged or in any other manner
transferred the prospecting licence now being transferred and that no other person or
persons has any right, title or interest where under in the present prospecting licence
being transferred; (iii) the transferor
further declares that he has not entered into or made any agreement, contract or
understanding whereby he had been or is being directly
or indirectly financed to a substantial extent by or under which the transferor's operation or understandings
were or are being substantially controlled by any person or body or persons other than the
transferor; (iv) the transferee
hereby declares that he has accepted all the conditions
and liabilities which the transferor was having in respect of such prospecting licence; (v) the transferee
further declares that he is financially capable of and will directly undertake prospecting
operations; (vi) the transferee
further declares that he has filed an affidavit stating that he has filed 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); (vii) the transferor has
supplied to the transferee the original/or certified copies of all plans of exploration
and abandoned pits in the area and in a belt of 65 meters wide surrounding it; (viii) the transferee hereby
further declares that as a consequence of this transfer, the total areas held by him under mineral concessions are not in
contravention of section 6 of the Mines and Minerals (Development and Regulation) Act,
1957(67 of 1957); (ix) the transferor has paid all the prospecting and other fees, royalties, and other dues towards Government till this date, in respect of this license. In witness
whereof the parties hereto have signed on the date and year first above written. SCHEDULE Location and
area of the licence:
All that tract of lands situated
at………………………………(Description of
areas)…………………..in (Pargana)
in…………………….the
District………………….Sub-District…………..and
Thana…………………..bearing Cadestral Survey
Nos………………………………Containing an
area of ……………………..or thereabout delineated on the plan hereto annexed and thereon
coloured…………………………..and bounded as
follows:-
ON THE NORTH BY
ON THE SOUTH BY
ON THE EAST BY
AND
ON THE WEST BY Signed by For and on
behalf of the State Government in presence of 1. 2. Signature of
transferor in the presence of witnesses 1. 2. Signature of
Transferee in the presence of
1.
2.”. [F.No.7/3/99-M-VI.]
Joint
Secretary to the Government of India
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