Gujarat Govt Amends Mining Rules to Ease Transfer of Leases to Legal Heirs

Gandhinagar: The Gujarat government has amended the Gujarat Minor Mineral Concession Rules, 2017, introducing a clear procedure for the transfer of mining leases and related rights to legal heirs after the death of a leaseholder. The revised rules also lay down timelines for intimation, penalties for delays, and provisions for cancellation in case of continued non-compliance.

Under the amendment, notified on June 11, a mining lease, letter of intent, order granting a lease, or even a lease deed that has been executed but is yet to be registered will be treated as transferred to the legal heir of the deceased leaseholder.

It is learnt that the amendment is aimed at removing procedural ambiguity in cases where a leaseholder dies before completing all formalities related to a mining concession. The changes ensure that the rights do not automatically lapse and can instead pass on to the legal heir.

As per the revised rules, the legal heir must inform the state government about the leaseholder’s death within 180 days and submit the required supporting documents. The heir must also specify the person in whose favour the mining lease, letter of intent, or other related rights are proposed to be transferred.

If the government is not informed within the stipulated period without sufficient reason, a penalty of ₹10,000 for every delay of 180 days will be imposed. The district collector has been authorised to levy the penalty.

Where the intimation is submitted within the prescribed period, the competent authority will decide the transfer of the quarry lease or related rights. However, if no intimation is received within two years of the leaseholder’s death, the matter will be referred to the state government, whose decision will be final.

The amended rules also empower the government to terminate the mining concession or related rights in cases of continued non-compliance. However, no such order can be passed without first giving the legal heir a reasonable opportunity to be heard. DeshGujarat