Model form for transfer of mining lease

(See rule 37 A)

When the transferor is an individual.................The 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 person with address and occupation) and ………. (Name of person 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 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 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 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 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.

And

And when the transferee is an individual ........... (Name of person with the 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 their permitted assigns).

When the transferee is 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 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.

And

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 lease dated the ............... and registered as No. .................on ........ (place) (hereinafter referred to as lease) the original whereof is attached hereto and marked `A' entered into between the State Government (therein called the lessor) and the transferor (therein called the lessee), the transferor is entitled to search for, win and work mines and minerals in respect of..................(Name of minerals) in the lands described in Schedule thereto and also in Schedule annexed hereto for the term and subject to the payment of the rents and royalties and observance and performance of the lessee's covenant and conditions in the said deed of lease reserved and contained including a covenant not to assign the lease or any interest thereunder without the previous sanction of the State Government.

And whereas the transferor is now desirous of transferring and assigning the lease to the transferee and the State Government has, at the request of the transferor, granted (with the prior approval of the Central Government) permission to the transferor vide order No...............dated ............. to such a transfer and assignment of the lease upon the condition of the transferees entering into an agreement is and containing the terms and conditions hereinafter setforth.

Now this Deed Witnesseth as follows;

[1. – Omitted]

2. The transferee hereby convenants with the State Government that from and after the transfer and assignment of the lease 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 lease in the same manner in all respects as if the lease had been granted to the transferee as the lessee thereunder and he had originally executed it as such.

3. 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 mining lease 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 mining lease now being transferred and that no other person or persons has any right, title or interest where under in the present mining lease being transferred.

(iii) The transferor further declares that he has not entered into or made any agreements, 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 of persons other than the transferor.

(iv) The transferee hereby declares that he/she has accepted all the conditions and liabilities which the transferors was having in respect of such mining lease.

(v) The transferee further declares that he is financially capable of and will directly undertake mining 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 abandoned workings in the area and in a belt 65 metres wide surrounding it.

(viii) The transferee hereby further declares that as a consequence of this transfer, the total area while held by him under mineral concessions are not in contravention of Section 6 of the Mines and Minerals (Regulation and Development) Act, 1957 or rule 35 of the Mineral Concession Rules, 1960.

(ix) The transferor has paid all the rent, royalties, and other dues towards Government till the date, in respect of this lease.

In witness whereof the parties hereto have signed on the, date and year first above written.

Location and area of the lease

All that tract of lands situated at ................... (Description of area or areas) ......................... in (Pargana) in the Registration Distt...................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 Govt. in the presence of

1.

2.

Signature of Transferor in the presence of witnesses

1.

2.

Signature of transferee in the presence of

1.

 

2.