The Transferee and the Transferor declare that the Transferee meets and shall continue to meet all the eligibility conditions which were required to be met by the Transferor for grant of the mining lease. The Bank for the purpose hereof unconditionally and irrevocably undertakes to pay to the State without any demur, reservation, caveat, protest or recourse, immediately on receipt of first written demand from the State, a sum or sums (by way of one or more claims) not exceeding the Guarantee Amount in the aggregate without the State needing to prove or to show to the Bank grounds or reasons for such demand for the sum specified therein and notwithstanding any dispute or difference between the State and Transferee on any matter whatsoever. ______________________ The World this Week By: LatestLaws.com | January, 2021 | Week 4, Watch Video Now! (a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957); (b) "transfer charges" means the amount to be paid from time to time by the transferee to the State Government as notified in accordance with the provisions of sub-rule (1) of rule 6; (c) "transferee" means a person to whom a mining lease granted otherwise than through auction to be used for captive purpose is to be transferred; (d) "transferor" means a person who holds the mining lease to be transferred, which was granted otherwise than through auction and is being used for captive purpose; (e) "used for captive purpose" means the use of the entire quantity of mineral extracted from the mining lease in a manufacturing unit owned by the lessee; (f) "value of mineral dispatched" shall have the meaning as specified in sub-rule (2) of rule 8 of the Mineral (Auction) Rules, 2015. Other than for captive use, non-auctioned mining leases cannot be transferred by the lease holder. a. the liability of the bank under this bank guarantee shall not exceed the Guarantee Amount. This bank guarantee shall be valid up to the Expiry Date. The Bank is liable to pay the guaranteed amount or any part thereof under this bank guarantee only and only if the State serves upon the Bank a written claim or demand on or before the Expiry Date. The Transferor hereby declares that he/ it has not assigned 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. 3.5. This guide provides information about applying for a mining lease for minerals, coal or an associated purpose. ARUP CHAKRABORTY (Querist) 19 November 2009. 39 Modal Form For Transfer of Mining Lease 15. G.S.R. B. ___________________________ 5. The Rules governing transfer of mining concessions granted through the non-auction route have also been laid down. The State Government shall inform the Controller General, Indian Bureau of Mines in writing about the transfer made under rule 5. Obtaining government approval for transfer of mining leases is a time-consuming process and involves payment of massive transfer fees. Now Therefore, the Bank hereby issues in favour of the State this irrevocable and unconditional payment bank guarantee (the "Guarantee") on behalf of the Transferee in the Guarantee Amount: He must file the application for renewal before the 60 th day preceding the expiry of the mining lease. 4. The draft rules, inviting comments & suggestions from general public and carious other stakeholders by May 25, 2016, have been … It is further hereby agreed and declared by the Transferor of the one part and the Transferee of the other part that: 3.1. You might own many different kinds of minerals on a plot of land. a transfer, or agreement to transfer, a lease, unless there is a consideration paid for the transaction; a transfer, or agreement to transfer, a security interest where the consideration for the transfer is equal to or greater than the market value of the security interest ; a transaction over a unit in a unit trust. 5. Short title and commencement. ______________________ 8. The Bank hereby waives the necessity for the State from demanding the aforesaid amount or any part thereof from the Transferee and also waives any right that the Bank may have of first requiring the State to pursue its legal remedies against the Transferee, before presenting any written demand to the Bank for payment under this Guarantee. Mines & Geology Division Ministry of Transport & Mining. A production tenement may be transferred from the current tenement holder to an individual or registered business entity. Claim Name : County Reception # BLM Serial Numbers. In case the applicant is an individual, the applicant must personally sign the application. (2) They shall come into force on the date of their publication in the Official Gazette. (4) The transferee shall contribute such amounts to the designated account of the National Mineral Exploration Trust as specified in rule 7 of the National Mineral Exploration Trust Rules, 2015, and the designated account of the District Mineral Foundation as specified in the Mines and Minerals (Contribution to District Mineral Foundation) Rules, 2015. 14. The Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that specified in the Concession Document and that it shall continue to be enforceable till all the obligations of the Transferee under or by virtue of the said Concession Document with respect to the Performance Security have been fully paid and its claims satisfied or discharged or till the State certifies that the terms and conditions of the Concession Document with respect to the Performance Security have been fully and properly carried out by the Transferee and accordingly discharges this guarantee. Image Source: business-standard.com. Reliance may be placed on the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules 2016 which provide a wide and inclusive definition of ‘transfer’ and state that ‘transfer’ is defined broadly enough to cover indirect transfers. The State Government may, by an order in writing, terminate the mining lease, if the holder of the mining lease has in the opinion of the State Government committed a breach of any of the provisions of these rule or has transferred such lease or any right, title, or interest therein otherwise than in accordance with the provisions of the Act or the rules made thereunder, as the case may be: 4. Govt to relax mining lease transfer rules 3 min read. Stock Market Highlights: Sensex plunges 531 points, Nifty ends below 14,250 dragged by IT, auto stocks, Global green bond issuance hit new record high last year, Oil prices fall for second session as COVID-19 lockdown concerns cast pall over demand prospects. x DOWNLOAD. That person is probably the owner of the surface land. India's economic growth likely to pick up soon, says Morgan... We should remove exemptions and deductions in a phased manner,... Coronavirus News LIVE Updates: Bangladesh receives first... Stove Kraft will be debt free post IPO, says CMD Rajendra Gandhi. Small scale mining code and conditions have been complied with . The draft rules, inviting comments & suggestions from general public and carious other stakeholders by May 25, 2016, have been posted on the ministry's website. Transfer of Forest Clearances to New Lease Holders as per Ministry of COAL's Vesting Orders: S.No. Instructions to applicants: Limited period offer. In witness whereof the Bank, through its authorised officer, has set its hand and stamp. Pursuant to the 2016 Amendment, the Central Government has notified the Minerals (Transfer of Mining Lease Granted Otherwise than through Auction for Captive Purpose) Rules, 2016 (‘ML Transfer Rules’) on May 30, 2016, which set out the procedure for transfer of mining leases granted otherwise than through auction and for captive purpose (‘ML’). Save as provided in this Clause 12, this Guarantee shall not by assignable or transferable. Notwithstanding anything contained herein. Inordinate Delay in SC Panel report on Law violations hits Mining auction in this State. 4. address: Hope Gardens, Kingston 6 phone: (876) 927-1936 e-mail us: Click Here. Name: 3 Rule 1-2-3 Chapter - I CHAPTER - I Preliminary 1 Short title, extent and commencement:-(1) These rules may be called The Rajasthan Minor Mineral Concession Rules, 1986. and the Bank shall not be relieved from its liability by reason of any such act or omission on the part of the State or any indulgence by the State to the Transferee or other thing whatsoever which under the law relating to sureties would, but for this provision, have the effect of relieving the Bank of its obligations under this Guarantee. 7. Breaking News. 1. The Transferee hereby further declares that as a consequence of this transfer, the total area while held by him/ it under mineral concessions are not in contravention of the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 or the rules made thereunder. Later in 2016, the MMDR Act was relaxed to permit government approved issuance and transfer of mining leases being ‘used for captive purpose’, without undergoing an auction process. Related Activities: Claim Administration, Claim Transfer, Coal Information, Free miner certificate, Hand Panning, Lease Administration, Mineral Records, Mineral Title Complaint, Mineral Title Liens - Registrations, Mining Mediation, Mining … 1. 3. Apart from the transfer charges payable by the transferee equal to 80% of the royalty, the … A. Proposal Name Subject Date of FC Granted New Status Date of Transfer Transfer Letter; 1. The uncertainty in the market shall remain till either the Supreme Court or the government clarifies its position with respect to indirect transfer of mining leases. (3) Any approval for transfer of a mining lease granted otherwise than through auction which is being used for captive purpose shall be subject to the following conditions, namely:– Yes Yes Use Code: PRO2021. 3.8. The payment so made by the Bank under this Guarantee shall be a valid discharge of Bank’s liability for payment thereunder and the State shall have no claim against the Bank for making such payment. v. Gotan Lime Stone Khanji Udyog Pvt Ltd and Ors (Gotan Case) (AIR 2016 SC 510). The government of India has notified the Minerals (Transfer of Mining lease Granted otherwise than through Auction for Captive Purpose) Rules, 2016. 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. 2. [address] Subsequently, the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) was amended in 2015 making it compulsory for the government to issue or transfer mining leases for notified minerals only through an auction by a competitive bidding process (including e-auction). 4. Rule 4 of the Transfer Rules provides for the conditions of transfer including that such transfer of mining lease granted otherwise than through auction is used for captive purposes. Whether the transferee is eligible to hold the mining lease in accordance with the provisions of the Act and the rules made thereunder? If not paid, the Chief Gold Commissioner may … If you are not exempt from needing approval, you will have to: ensure outstanding rents and penalty interest has been paid; apply for our approval for the transfer; lodge your forms with the Titles Registry, once we have approved the transfer. Payment can be made by credit card, in cash, by cheque or by money order payable to the … (2) An application for transfer of mining lease 17 shall be disposed of by competent authority: [xxx] Provided that transfer of mining lease, granted to the category of persons mentioned in sub-rule (3) of rule 7 shall be made only to a person belonging to any of … Tweet. (10) If a duly registered transfer deed is not submitted to the State Government as referred to in sub-rule (9), then the approval given by the State Government for transfer of mining lease in sub-rule (2) shall be deemed to have become null and void. All exploration and mining activity in New South Wales (NSW) must be conducted under an exploration, assessment or mining title. 13. (Name of the individual 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); or, Name of the association of individuals through (Name of member with address and occupation) and (Name of member with address and occupation) or (Name of the representative with address and occupation who has been duly authorised by all members) (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); or, Name of the partnership firm through (Names and addresses of all the partners) or (name of the representative with details of address and occupation who has been duly authorised by all 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 [address] (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; or, (Name of Company), a company registered under the (Act under which incorporated) and having its registered office at [address] represented by (Name of the Director with address who has been authorised by the Board of Directors) (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 first part; And. Section 10A (2) (b) deals with leases where reconnaissance permit or prospecting licence were granted while 10A (2) … of the value of estimated resources, and the performance security may be invoked by the State Government as per the terms and conditions of the Mine Development and Production Agreement. 7. If a commercial transaction involves the transfer of more than one title granted, a separate application must be lodged for each title being transferred. If you cannot find them, then contact the party you contracted with. 39 Modal Form For Transfer of Mining Lease 15. 560(E). 11/04/2011. In witness whereof the parties hereto have signed on the, date and year first above written. Provided also that no such transfer of a mining lease shall be made in contravention of any of the conditions subject to which the mining lease was originally granted. The State government on Tuesday decided to do away with the practice of transfer of mining leases with a view to curb illegal activities. Joshi had recently said that many reforms are in pipeline in the mining sector. Whereas: Mining leases cannot be granted or renewed unless compensation for landholders has been settled, either through a compensation agreement or Land Court determination. (11) The date of commencement of the transfer deed shall be the date on which a duly executed transfer deed is registered. (iii) forbear or enforce any of the rights exercisable by the State against the Transferee under the terms and conditions of the Concession Document. Press Releases . Poddar and transferred the funds to his personal account. These Rules also provide that such transfer may only … The owner of a mining claim is not granted title or ownership to the land and cannot extract or sell any resources removed from the land. Name: A lease is maintained by payment of the annual rental of $20 per hectare for a mining lease or $20 per hectare for a surveyed placer lease. - (1) These rules may be called the Minerals (Transfer of Mining Lease Granted Otherwise than through Auction for Captive Purpose) Rules, 2016. G.S.R. 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 confirm and be subject to all provisions of all the covenants stipulations and conditions contained in said here in before recited lease in the same manner in all respects as if the lease has been granted to the transferee … Whether the transferee is agreeable to accept all the conditions and liabilities under any law for the time being in force which the transferor was subject to in respect of such a mining lease. The government, however, would allow transfer of leases … The Transferee hereby covenants with the State Government that from and after the transfer and assignment of the mining 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 the Concession Documents in the same manner in all respects as if the mining lease had been granted to the Transferee as the lessee thereunder and he/ it had originally executed the Concession Documents as such. Transfer of mining lease. - (1) In these rules, unless the context otherwise requires, - partial transfer of a mining lease Form AD3, Mining Act 1992 Regional NSW | DOC20/429514 - July 2020 | 3 1 Type of transfer Indicate if you are requesting a full or partial transfer. The owner of a claim must also perform yearly assessment work.A mining claim can be converted into a lease. FULL TEXT OF THE HIGH COURT … A. 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