'File 22/16 I (A 41) GWADUR, Oil, Proposed Cession and Ownership' [‎76r] (158/322)

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the powers granted by the lease, and shall indemnify the Govern
ment against all claims which may be made by third parties in
respect of any such damage, injury or disturbance.
Note .—The powers necessary for the proper enjoyment of minerals, the property of Government,
together- with the metho is according to which such powers are to be exercised by Government or by its
assignees, are g iverned by^the law for the tims being in force in each province. Where the law confers
such powers on the Local Government or its assignees, the Local Government may make local rules indicat
ing the conditions on which lessees shall have right of access to minerals, the right to use of water in
connection with the working thereof, and the like.
{vi) The lessee shall not cut or injure any tree reserved in the lease.
(yii) The lessee shall have power to assign his lease or transfer any
right or interest thereunder to a person holding a valid certificate
of approval subject to the following conditions :—
(a) No such assignment or transfer shall be made in favour of
any person who, by himself or by those joint in interest
with him, already holds a mining lease or leases which
is or are, or which with the addition of the area now pro
posed for assignment or transfer will be over ten square
miles within the territories administered by the Local
Government within whose jurisdiction the land lies for
which the lease has been granted. The actual position
of the transferee in this matter, if not known to the
lessee, should be ascertained from the Local Govern
ment.
{b) Every such assignment or transfer shall be reported to the
Collector within one calendar month from the date of
its completion, together with full particulars of the
transaction.
{c) Every such assignment or transfer shall within a further
period of two months be registered in the office of the
Collector on payment of a fee of Rs. 50:
Provided that in the case of any particular mineral reserved by
order of the Governor-General in Council, the previous
sanction of the Local Government to the assignment or
transfer shall be required.
The minerals reserved at present are petroleum, chromite
and ores of manganese, vanadium, molybdenum, nickel
and tungsten:
Provided also that in the North-West Frontier Region of British India bordering Afghanistan. Province and
Baluchistan, no transfer or assignment in the case of
any mineral whatever may be made without the consent
of the Agent to the Governor-General and Chief Com
missioner. 1
{viii) Unless prevented by reasonable cause of which the Local Govern
ment shall be the judge, the lessee shall commence operations
within one year from the date of the execution of the lease and
shall thereafter carry them on effectually in a proper, skilful and
mining-like manner. Should the lessee cease without such
cause to work the mine for a period exceeding two years in such
a manner as to produce sufficient mineral to earn a royalty at
least equal40 the dead rent, it shall be deemed a breach of this
condition.
Note .—For the purpose of the first part of this condition, such measures as the erection of machinery for the
purposes of working the mine, although not necessarily on the Lnd covered by the lease, or the construction of
roads or tramways in connection with the mine, shall be deemed to be sufficient compliance with the requirement
of commencing operations.
(* a ) The lessee shall keep correct accounts showing the quantity and
particulars of all minerals obtained from the mine and the
number of persons employed therein, and also complete plans of