RULE-64
Transfer or assignment of mineral titles or mining lease (SSM)
Act: Balochistan Mineral Rules 2002
Section Provisions
BALOCHISTAN MINERAL RULES, 2002 BALOCHISTAN MINERAL RULES, 2002 [Gazette of Balochistan, Extraordinary, 9th March, 2002] No. S.O.(MR)4-6/2002, dated 8-1-2002.--In exercise of the powers conferred by section 2, of the Regulation of Mines and Oil-Fields and Mineral Development (Government Control) Act, 1948, (XXIV of 1948) the Government of Balochistan is pleased to make the flowing Rules:-- PART III MINERAL TITLES AND MINERAL CONCESSIONS Division -7 Registration and transfer of mineral titles and mineral concessions 64. Transfer, or assignment of mineral titles or mining lease (SSM). - (1) A transfer or assignment of a mineral title or mining lease (SSM) or of rights or interests to or in such titles or mining lease shall have no effect unless. (a) the licensing authority, in writing, approves that transfer or assignment; and (b) the transfer or assignment is to a person capable of holding the title or concession under these Rules. (2) Where an application is made to the licensing authority for any approval referred to in sub-rule (1) the licensing authority may, subject to sub-rules (3) and (5), give its approval, subject to such conditions as it deems necessary in the circumstances. (3) Subject to sub-rule(4) the licensing authority shall not give its approval to any dealings referred to in sub-rule (1) - (a) with a reconnaissance licence: (b) with an exploration licence during the first two years of its term: (c) with an exploration licence or a mining lease (LSM) where the participating interest of the proposed assignor or proposed assignee shall be less than 10% of the total participating interest of the parties constituting the licensee or lessee; or (d) unless the licensing authority is satisfied on reasonable grounds that - (i) the proposed assignee or transferee has the financial and technical resources to undertake the obligations under the mineral title; the proposed assignee or transferee is a fit and proper person to hold the mineral title; (ii) the proposed assignment or transfer will not adversely affect operations under the mineral title; and (4) An application under this Rule shall - (a) be in the form set out in the Seventh Schedule, or such form as may be approved by the licensing authority; (b) be accompanied by the fee set out in the First Schedule or such other fee as may be notified by the Government, from time, to time, in the Official Gazette. (c) contain, in respect of the proposed assignee or transferee, the information referred to in Rule 18 (1) (a) and (f) (technical and financial resources) and all other relevant information required in respect of an applicant for a mineral title or mining concession and; (d) be accompanied by an unconditional undertaking by the proposed assignee or transferee to assume all the obligations of the proposed assignor and to comply with all the terms and conditions if approval for the assignment is granted. (5) The licensing authority may require any applicant for any approval referred to in sub-rule (2) to furnish to it such information as it may reasonably require to enable it to dispose of the application and the applicant shall comply with the requirement.