REGD NO. D.L -33004/99 The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 29] NEW DELHI, MONDAY, JANUARY 22,2001/MAGHA 2.1922
214 GI/2001
(1) 3 4 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC, 3(i)l _5 6 THE GAZETTE OF INDIA: EXTRAORDINARY |PARTII—SEC 3(I)1 _1_ 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(I)] 9 SI4(hi|-*") -"?
10 THE GAZETTE OF INDIA : EXTRAORDINARY ^PART II—SEC. 3(i)]
MINISTRY OF MINES
NOTIFICATION
New Delhi, the 22nd January, 2001
G.S.R. 3i(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 afee 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 ISA.".
n 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 (I) 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 FormP";
(b) after Form O, the following Form shall be inserted, namely:-
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC, 3(i)]
"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.
AND
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).
n 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.
AND
The Governor of. (hereinafter referred to as the 'State Government1 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:
14 THE GAZETTE OF INDIA. EXTRAORDINARY [PART II—SEC 3(I)] 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.
15 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 in (Pargana) in
areas) 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 ]
S P. GUPTA, Jt. Secy.
16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Note:- The principal rules were published in the Official Gazette, vide GSR NO. 1398, dated 26.11.1960 (Notification No.M-IM59(l)/57 dated 11.11.1960) and subsequently amended vide following notifications:-
1. GSR No. 1459 dated 10.12.1960 (Notification No.M-II-159(l)/57 dated 1.12.1960)
2. GSR No.880 dated (Notification No.M-II-152(13)/61 dated 30.6.1961)
3. GSRNo.1133 dated 16.9.1961 (NotificationNo.M-II-169(44)/61 dated7.9.1961)
4. GSR No. dated (Notification No.M.II-164(12)/61 dated 16.10.1961)
5. GSR No. 1446 dated 9.12.1961 (Notification No.M-IM59(18)/54 dated 2.12.1961)
6. GSR No 166 dated 10.2.1962 (Notification No.M-V-3(l)/61 dated 1.2.1962)
7. GSRNo.718 dated 26.5.1962 (Notification No.M-IM52(33)/52 dated 16.5.1962)
8. GSR No. 1051 dated 4.8.1962 (Notification No.M-II-152(26)/59 dated 1.6.1962)
9. GSR No. 1076 dated 11.8.1962 (Notification No.M-V-3(l)/61 dated 6.8.1962)
10. GSRNo.1707dated 15.12.1962 (Notification No.M-IH52(18)/61 dated4.12.1962)
11. GSR No. 104 dated 19.1.1963 (Notification No,M-II-152(46)/62 dated 5.1.1963)
12. GSR No. 805 dated 11.5.1963(Notification No.M-II-152(58)/61 dated 30.4.1963)
13. GSR No. 842 dated 18.5.1963(Notification No.M-II-152(l l)/62 dated 6.5.1963)
14. GSR No.843 dated 18.5.1963 (Notification No.M-IM69(44)/61 dated 6.5.1963)
15. GSRNo. 845 dated (NotificationNo.M-II-169(44)/61 dated6.9.1963)
16. GSR No. 1243 dated 27.7..1963(Notification No.M-IM(22)/63 dated 18.7.1963)
17. GSR No.1214 dated 27.7.1963 (Notification No.M-II-l(23)/63 daled 9.7.1963)
18. GSR No. 1278 dated 3.8.. 1963(Notification No.M-II-152(37)/62 dated 22.7.1963)
19. GSR No.1595 dated 5.10.1963(Notification No.M-II-152(53)/60 dated 24.9.1963)
20. GSR No. 1685 dated 26.10.1963 (Notification No.M-II-152(57)/61 dated 15.10.1963)
21. GSR No. 1348dated 19.9.1964 (Notification No, l(62)/63-MlI dated 9.9.1964)
22. GSR No. 140 dated 23.1.1965 (Notification No, l(52)/63 M-II dated 14.1.1965)
23. GSRNo.793 dated 5.1965 (Notification No, l(62)/63 M-II dated 26.5.1965) 17 24. GSRNo.794 dated (Notification No.M-II-l(25)/64 dated 28.5.1965)
25. GSR NO. 1011 dated 24.7,1965 (Notification No. l(17)/63 M-II dated 19.7.1965)
26. GSR No. 1598 dated 25,9.1965 (Notification No. l(33)/65 M-II dated 10.9.1965)
27. GSR No. 369 datcdl8.3.1967(NotificationNo.l(26)/66-M-n dated 4.3.1967)
28. GSR No. 370 dated 2.3.1968 (Notification No. l(2)/68-M-II dated 23.2.1968)
29. GSR No. 634 dated 1.4,1968 (Notification No, l(42)/67-M-II dated 30.3.1968)
30. GSR No.703 dated 13.4.1968 (Notification No. l(3)/68 M-II dated 30.3.1968)
31. GSRNo.704 dated 13.4.1968 (NotificationNo. l(33)/67 M-II dated 30.3.1968)
32. GSR No. 154 dated 25.1.1969 (Notification No.l(3)/68-M-II dated 17.1.1969)
33. GSRNo. 791 dated 15.3.1969(NotificationNo. 1(5l)/65-M-II dated 26.2.1969)
34. GSR No.793 dated 15.3.1969 (Notification No M-II dated 5.3.1969)
35. GSR No.939(E) dated 12.4.1969 (Notification No. l(8)/69 M-II dated 12.4.1969)
36. GSR No. 1116 dated 1.8.1970 (Notification No. l(25)/69 M-VI dated 12,5.1970)
37. GSR No. 1117 dated 1.8.1970 (Notification No. l(34)/68-M-VI dated 23.5.1970)
38. GSRNo.1974 dated 5.12.1970 (NotificationNo. l(27)/70 M-VI dated 12.11.1970)
39. GSR No. 1279 dated 11.9.1971 (Notification No.l(33)/67-M-VI dated 22.7.1971)
40. GSR No. 1579 dated 23.10.1971 (Notification No.l(3)/71-M-VI dated 6.9.1971)
41. GSR No. 1580 dated 23.10.1971 (Notification No. 1(9)/71-M-VI dated 7.9,1971)
42. GSRNo.1581 dated 23,10.1971 (NotificationNo. l(19)m M-VI dated 9.9.1971)
43. GSRNo.1582 dated 23.10.1971 (Notification No. 1(4)/71 M-VI dated 9.9.1971)
44. GSRNo.319 dated 18.3.1972 (Notification No. 1(26)/71-M-VI dated 14.2.1972)
45. GSRNo.58 dated20.1.1973 (NotificationNo. 1(44)/72M-V1 dated5.1.1973)
46. GSRNo.345 dated 31.3.1973 (Notification No. 1(6)/71-M-VI dated 13.3,.1973)
47. GSRNo.617 dated 9.6.1973 (NotificationNo.l(34)/71-M-VI dated 21.5.1973)
48. GSR No. 1010 dated 15.9.1973 (Notification No. l(12)/73-M-VI dated 31.8.1973)
49. GSRNo.1011 dated 15.9.1973 (NotificationNo.l(31)/71-M-VI dated31.8.1973)
50. GSRNo.1195 dated 3.11.1973 (Notification No. 1(1 l)/73-M-VI dated 17.10,1973)
51. GSRNo.1196 dated 3.11,1973 (Notification No, l(l)/73-M-VI dated 17.10,1973)
; -3
18 THE GAZETTE OF INDIA . EXTRAORDINARY [PART II—SEC 3 (i)l 52. GSRNo.509 dated 25.5.1974 (Notification No. l(20)/73-M-VI dated 15.5.1974)
53. GSR No. 1331 dated 14.12.1974 (Notification No. 1(4)/71-M-VI dated 28.11.1974)
54. GSR No. 1332 dated 14.12.1974 (Notification No. l(39)/72-M-VI dated 28.11.1974) 55. GSR No.1333 dated 14.12.1974 (Notification No. l(25)/73 M-VI dated 28.11.1974)
56. GSRNo.3% dated 22.3.1975 (Notification No.3(l)/74-M-V dated 14.3.1975)
57. GSR No. 1164 dated 7.8.1976 (Notification No. l(70)/73-M-VI dated 22.7.1976)
58. GSR No.952 dated 23.7.1977 (Notification No. l(29)/76 M-VI dated 2.7.1977)
59. GSRNo.734 dated 26.5.1979 (Notification No. l(74)/75-M-VI dated 2.5.1979)
60. GSRNo.804 dated 9.6.1979 (Notification No.7(2)/78-M-VI dated 22.5.1979)
61. GSRNo.835 dated 16.6.1979 (Notification No. l(79)/73-M-VI dated 31.5.1979)
62. GSRNo.146 dated 2.2.1980 (NotificationNo.3(5l)/74-M-VI dated 16.1.1980)
63. GSRNo.824 dated 2.10.1982 (Notification No.7(l)/82-M-VI dated 2.10.1982)
64. GSRNo.296 dated 9.4.1983 (Notification No.6(9)/78-M-VI dated 18.3.1983)
65. GSR No.838 dated 12.11.1983 (Notification No.6(6)/82-MVl dated 28.10.1983)
66. GSR No.298 dated 17.3.1984 (Notification No. 16(33)/82 M-VI dated 28.2.1984)
67. GSRNo.826 dated 4.8.1984 (Notification No.6(9)/78-M-VI dated 27.7.1984)
68. GSR No.877 dated 21.9.1985 (Notification No. 7(2)/85 M-VI dated 3.9.1985)
69. GSR No. 146 dated 22.2.1986 (Notification No. 7(6)/85 M-VI dated 6.2.1986)
70. GSRNo.888 dated 18.10.1986 (Notification No.7(4)/85-M-VI dated 22.9.1986)
71. GSR No.86(E) dated 10,2.1987 (Notification No.l(7)/84-M-VI dated 10.2.1987)
72. GSR No.855(E)dated 14.10.1987 (Notification No. 18(9)/87-M-VI dated 14.10.1987)
73. GSR No. 1002(E) dated 21.12.1987 (Notification No.6(3)/87-M-VI dated 21.12.1987) 74. GSR No.449 (E) dated 13.4.1988 (Notification No.7(7)/87-M-VI dated 13.4.1988) 75. GSRNo.908(E)dated 19.10.1989 (Notification No.7(l)/89-M-VI dated 19.10.1989)
76. GSRNo.l29(E)datcd 11.3.1991 (Notification No,7(l)/90-M-VI dated 20.2.1991)
77. GSRNo,197(E)dated 1.4.1991 (Notification No. 7(l)/90-M- VI dated 1.4.1991)
78. GSR No. 6(E) dated 7.1.1993 (Notification No.7(3)/92-M.VI dated 7.1.1993)
79. GSR No, 345(E) dated 30.3.1994 (Notification No. 7(l)/93-M.VI dated 30.3.1994) 19 80. GSRNo.724(E)dated 27.9.1994 (Notification No. l(7)/93-M-Vl dated 27.7.1994) 81. GSRNo.634(E)dated 13.9.1995 (Notification No.7(2)/95-M-VI dated 28.8.1995) 82 GSRNo9(E) dated 4.1.1999 (Notification No.7(l)/98-M-VI dated 4.1.1999) 83. GSR No.56(E) dated 18.1.2000 (Notification No.7/3/99-M. VI dated 17.1.2000)
84. GSR No.743(E) dated 25.9.2000 (Notification NO.7/3/99-M.VI dated 25.9.2000)
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