b. For the purpose of transfer, an application has to be filed to the State Government, in the format provided under Schedule I of the Transfer Rules. Submit request for Exclusion of Time . 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. Therefore, he came to the conclusion that in order to avoid tax, the assessee has created an artificial transaction between MEL and Sri K.P. Transfer of mining lease. Help us improve! - (1) The holder of a mining lease, granted otherwise than through auction which is being used for captive purpose, may apply to the State Government for transferring the mining lease to any person satisfying the conditions specified in sub-section (1) of section 5 of the Act, in the format given in Schedule I appended to these rules. The draft rules, inviting comments & suggestions from general public and carious other stakeholders by May 25, 2016, have been … TRANSFER OF JAGUAR MINING LEASE APPLICATION COMPLETED . ___________________________ TerraCom subsidiary Orion Mining has received formal indicative approval from Queensland's Department of Natural Resources and Mines (DNRM) to transfer the mining lease of Blair Athol Coal Mine in Australia. The Transferor has been granted a mining lease by the State Government in respect of which the State Government and the Transferor have executed a lease deed dated [date] and registered as no. You must also register if you are a land manager or an agent representing a claimholder. Updated: 12 Jan 2016, 09:54 AM IST Gireesh Chandra Prasad. But there is no clarity on whether indirect transfer of captive mining leases would constitute a transfer under the mines act, thereby triggering the requirement for government approval? under renewal. All rights reserved. (9) The transferor and the transferee shall jointly submit a duly registered deed for transfer of mining lease in the format given in Schedule III appended to these rules within a period of thirty days of fulfilment of the conditions specified in sub-rules (4), (6) and sub-rule (7). mining lease shall be used exclusively for captive purpose and shall not be sold or exported. 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. All exploration and mining activity in New South Wales (NSW) must be conducted under an exploration, assessment or mining title. ©TV18 Broadcast Limited. Four gadgets you should invest in for good health. The transfer process for leases has been amended to introduce an exemption from needing approval for a transfer for certain leaseholders. (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:– If you cannot find them, then contact the party you contracted with. 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. Conditions for transfer. 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. Please suggest corrections. 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. Claim Name : County Reception # BLM Serial Numbers. Mining lease guide . (a) all consents, approvals, permits, no-objections and the like as may be required under applicable laws for conducting mining operations, and which were obtained by the transferor, shall stand transferred mutatis mutandis to the transferee; (b) the transferee has accepted all the conditions and liabilities under any law for the time being in force which the transferor was subject to in respect of such mining lease; (c) on and from the date of transfer of the mining lease, the transferee shall be liable to the Central Government and the State Government with respect to any and all liabilities relating to the mining lease. ______________________ D. The State Government has, pursuant to its letter dated [date] approved the transfer application of the Transferor subject to compliance by the Transferee of the terms and conditions contained in this Deed. Determine which minerals to transfer. In 2016, the mines act was relaxed to permit government approved issuance and transfer of mining leases being ‘used for captive purpose’, without undergoing an auction process. Provided that in case the State Government decides to reject the application, the State Government shall communicate to both the transferor and the transferee, the reasons for its decision to reject the application for transfer of the mining lease: Name: Mining News - Published on Mon, 26 Jun 2017. Limited period offer. 10. Govt to relax mining lease transfer rules 3 min read. A person who is liable to pay transfer duty may also be liable to pay … This guide provides information about applying for a mining lease for minerals, coal or an associated purpose. Annexure A: Transfer charges payable by the transferee shall be an amount equal to eighty per cent. Discussion was also held on strategies to simplify transfer of mining leases and promote exploration and mining activities," Joshi said in a tweet. If not paid, the Chief Gold Commissioner may … For and on behalf of the State Government: [Name] incorporated in India under the Companies Act, [1956/2013] with corporate identity number [CIN of the Transferee], whose registered office is at [address of registered office], India and principal place of business is at [address of principal place of business, if different from registered office]1 (the "Transferee") is required to provide an unconditional and irrevocable bank guarantee for an amount equal to INR [figures] (Indian Rupees [words]) as a performance security valid until [date of expiry of performance bank guarantee] ("Expiry Date"). - (1) The holder of a mining lease, granted otherwise than through auction which is being used for captive purpose, may apply to the State Government for transferring the mining lease to any person satisfying the conditions specified in sub … Mining industry worried over charges on transfer of captive mining lease 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. KOLKATA: The mines ministry has notified draft rules on terms and conditions and the transfer charges for transfer of mining lease (ML) granted otherwise than through auction for captive purposes through the MMDR (Amendment) Act, 2016. 1. Documents are considered submitted the day they are received. 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. (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 … Payment can be made by credit card, in cash, by cheque or by money order payable to the … 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. 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. (d) the transferee shall ensure that the entire quantity of mineral including rejects or tailings or slimes or dumps or overburden extracted from the mining lease shall be used exclusively for captive purpose and shall not be sold or exported; and. of the royalty paid in terms of Second Schedule to the Act. Transferring a lease or licence. 39 Modal Form For Transfer of Mining Lease 15. 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. Discussion was also held on strategies to simplify transfer of mining leases and promote exploration and mining activities," Joshi said in a tweet. be, a mining lease as required under sub-section(1) of section 4 of the Act. State Proposal No. The Performance Security is required to be provided to The Governor of [Name of State], (the "State") for discharge of certain obligations under the [reference to the principal documents –prospecting licence/mining lease, mine development and production agreement] dated, [date] with respect to [particulars of concession] (collectively the "Concession Document"). - (1) No transfer of mining lease granted otherwise than through auction being used for captive purpose shall be permitted except in accordance with the provisions of these rules. This guarantee will not be discharged due to the change in the constitution of the Bank. Currently, you can only make an online request for an exclusion of time if you have an early exploration permit application that is on temporary hold, for a mining claim that is in good … Transfer duty is charged on transactions involving resource authorities. 13. v. Gotan Lime Stone Khanji Udyog Pvt Ltd and Ors (Gotan Case) (AIR 2016 SC 510). The consideration payable by the transferee. (Format of Application for Transfer of Mining Lease). 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). Other than for captive use, non-auctioned mining leases cannot be transferred by the lease holder. (3) Transfer of mining lease shall not … Transfer of mining lease.– (1) The holder of a mining lease, granted otherwise than through auction for captive use, may request for transferring the mining lease to any 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. The royalty paid by M/s NMDC in respect of mining lease is classifiable under sub heading 997337 ; ‘Licensing services for the right to use minerals including its exploration and evaluation’ (covered under entry no. Any payment made hereunder shall be made free and clear of and without deduction for, or on account of, any present or future taxes, levies, imposts, duties, charges, fees, commissions, deductions or with-holdings of any nature whatsoever. (Name of the individual 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); 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 "Transferor" 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 "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; 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 "Transferor" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the first part; And, 2. In the Gotan Case, the court relied on the ‘substance over form’ argument while distinguishing between a real share sale transaction and an apparent transaction structured with the intent of bypassing the transfer regime under the MMDR Act. B. For applications lodged from 25 October 2018, if you are unable to reach an agreement, either you or the landholder can, at any time, refer disputes to the Land Court for a decision. a report demonstrating that the holder has engaged in mineral exploitation on the land covered by the mining lease for at least two of the last ten years for which the lease was valid. (2) Without prejudice to the provisions of sub-rule (1) the lessee may, transfer his lease or any right, title or interest therein to a person who has filed an … As noted by the Ministry of Mines in March, the “central government received representations from industry associations stating that the said sub-section has … In case the applicant is an individual, the applicant must personally sign the application. Proposal Name Subject Date of FC Granted New Status Date of Transfer Transfer Letter; 1. 3. Poddar and transferred the funds to his personal account. The State may, with prior intimation to the Bank, assign the right under this Guarantee to any other departments, ministries or any governmental agencies, which may act in the name of the Governor. MoEF File No. Mining lease guide . [number] on [date] at the office of the Sub-Registrar of [address] in connection with the mining lease (collectively "Concession Documents") and the same is attached hereto as Annexure A. The holder of a lease\license or any interest therein can transfer it with the written consent of the Minister. Therefore, in the wake of distressed M&A gathering steam after the notification of the Insolvency and Bankruptcy Code 2016, it has become all the more pertinent for deals involving acquisition of companies having captive mining leases, to understand the scope of the term ‘transfer’ and whether indirect transfer would constitute a transfer under the MMDR Act, thereby triggering the requirement for government approval. Application for renewals should be submitted at the Office of the Registrar. The State government on Tuesday decided to do away with the practice of transfer of mining leases with a view to curb illegal activities. That the mining lease license still continues in the name of M/s. Transfer of mineral concession rights: “Mineral Concession” includes all mining leases for prospecting areas on an exclusive or non-exclusive basis or for setting up a mining plant, acquired through auction or through the non-auction route, which was not previously allowed. Mines secretary Balvinder Kumar said the transfer of mining lease was allowed keeping in view the government’s commitment of enhancing the ease of … (a) The application must be signed by a duly authorised representative of the applicants, in case the applicant is a company. ARUP CHAKRABORTY (Querist) 19 November 2009. A mining claim grants its owner the exclusive rights to explore for minerals on a designated piece of land. 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 … The World this Week By: LatestLaws.com | January, 2021 | Week 4, Watch Video Now! 8. 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. That person is probably the owner of the surface land. Full transfer Multiple mining leases may be nominated if you wish to transfer in full. there application for transfer of the present mining lease specifying therein the amount that they have already taken as consideration from the transferee. This could mean that a deal involving an acquisition of a company which holds a mining lease in addition to other significant assets may not fall foul of the Gotan Case test, as opposed to acquisition of a skeleton company whose only asset is a mining lease. ______________________ If the application is made during the 60 days preceding that date, the lessee will have to pay an additional amount. Mines and Minerals (Development and Regulation) Act. Prior to 2015, the state governments could grant mining leases on an ‘ad hoc’ basis and any transfer of such mining leases required prior written consent of the government. (2) They shall extend to the whole of the State of Rajasthan including the areas in which Bapi and proprietary rights are claimed. The new regulation will not only boost mergers and acquisitions in the mining and related sectors but will unlock billions of dollars of additional revenue to the states. Save as provided in this Clause 12, this Guarantee shall not by assignable or transferable. of the reassessed value of estimated resources. (Bank Stamp) The holder of such mining leases may transfer the lease to any eligible person, with the approval of the state government, and as specified by the central government. 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. 9. Apart from the transfer charges payable by the transferee equal to 80% of the royalty, the … An overview of legal and practical considerations surrounding mining rights and title in India, including the extent of state control, renewal and transfer of licences, and protection of rights. 6. 1. If a commercial transaction involves the transfer of more than one title granted, a separate application must be lodged for each title being transferred. KOLKATA: The mines ministry has notified draft rules on terms and conditions and the transfer charges for transfer of mining lease (ML) granted otherwise than through auction for captive purposes through the MMDR (Amendment) Act, 2016. 2. 1Note: To be modified if the Transferee is not a company. Notwithstanding anything contained herein. (Format of Bank Guarantee for Performance Security). 4. If you cannot find them, then contact the party you contracted with. (2) The transfer of a mining lease granted otherwise than through auction shall be permitted only where the entire quantity of mineral extracted from such mining lease is being used in a manufacturing unit owned by the lessee. The ‘ transfer ’ bucket in the Act probably the owner of a or... Production tenement may be transferred from transfer of mining lease current tenement holder to an individual or registered entity! 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