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).

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.

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 ISA.".

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.".

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:-

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).

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

(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:

THE GAZETTE OF INDIA. EXTRAORDINARY

[PART II—SEC 3(I)]

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.

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)

(Pargana)

the

District

Sub-District

and

Thana

bearing

Cadestral

Survey

Nos

Containing

area

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

Signature of transferor in the presence of witnesses

Signature of Transferee in the presence of

2."

[F No. 7/3/99-M-VI ]

S P. GUPTA, Jt. Secy.

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:-

GSR No. 1459 dated 10.12.1960 (Notification No.M-II-159(l)/57 dated 1.12.1960)

GSR No.880 dated

(Notification No.M-II-152(13)/61 dated 30.6.1961)

GSRNo.1133 dated 16.9.1961 (NotificationNo.M-II-169(44)/61 dated7.9.1961)

GSR No.

dated

(Notification No.M.II-164(12)/61 dated 16.10.1961)

GSR No. 1446 dated 9.12.1961

(Notification No.M-IM59(18)/54 dated 2.12.1961)

GSR No 166 dated 10.2.1962

(Notification No.M-V-3(l)/61 dated 1.2.1962)

GSRNo.718 dated 26.5.1962

(Notification No.M-IM52(33)/52 dated 16.5.1962)

GSR No. 1051 dated 4.8.1962

(Notification No.M-II-152(26)/59 dated 1.6.1962)

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)

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)

<?m<ni|4fft>;

-3

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)

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)

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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