Mining licences.
Cancella. tion of mining licence.
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behalf of the holders of debentures secured by a charge, of any property comprised in or subject to the charge; or (d) if, without the prior consent in writing of the Commissioner, the holder wholly or substantially dis- continues prospecting.
PART IV.
MINING.
21. (0) The Commissioner may grant to any person apply- ing therefor in the prescribed manner and on payment of the prescribed fee a mining licence.
(2) A mining licence shall be in the prescribed form, shall specify the area and the minerals in respect of which it is granted, and shall be subject to such rentals, fees, royalties, premiums and other payments as may be prescribed and to such terms and conditions as the Commissioner may determine.
(3) A mining licence shall not be transferable and any right or interest conferred thereby shall not be assignable except with the prior consent in writing of the Commissioner.
(4) A mining licence shall remain in force for six months from the date thereof, unless previously cancelled under the provi- sions of this Ordinance, but a licence not so cancelled may be renewed by the Commissioner for further terms of six months each:
Provided that the total period of the original licence together with all renewals thereof shall not exceed two years, and where the holder has previously held a prospecting licence for the same or substantially the same area, the total period of prospecting and mining under licence shall not extend beyond the said period of two years.
22. The Commissioner may, hy notice in writing, cancel a mining licence--
(a) if the holder thereof or any attorney, partner, agent or servant of such holder is convicted of any offence against this Ordinance or the regulations or fails to comply with any of the requirements of this Ordinance or the regula tions;
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(b) if the holder fails to comply with any of the terms or
conditions of the licence:
(c) if the holder becomes bankrupt, or makes a composition or scheme of arrangement with his creditors, or, being a company, goes into liquidation, whether compulsory or voluntary (except a voluntary liquidation of a solvent company for the purposes of reconstruction), or if a receiver or manager of the company's business or under- taking is appointed, or if possession is takco, by or on behalf of the holders of debentures secured by a charge, of any property comprised in or subject to the charge; or (d) if, without the prior consent in writing of the Commis- stoner, the holder wholly or substantially discontinues mining operations.
23. (1) The Land Officer may grant a mining lease to any Mining person applying therefor in the prescribed manner, if he is leases. satisfied that the mineral-bearing qualities and quantities of the land in the area applied for are such as to justify the grant of a mining lease:
Provided that the person, if any, who is carrying on or has carried on under licence adequate prospecting or mining opera- tions on the area shall be preferred :
Provided further that if a person having a prior claim to a mining lease is unable to obtain the same on the ground that he does not command sufficient working capital to ensure the proper development and working of the area applied for, the person who obtains a mining lease in respect of the area, if he has not himself adequately prospected or mined the same under licence, shall compensate such other person in such an amount as shall be determined by the Land Officer.
(2) Any amount so determined may be recovered by the person entitled thereto by civil action, and in such action a certificate under the hand of the Land Officer specifying the amount of compensation so determined shall, withoul further proof, be received as conclusive evidence of the amount thereof.
(3) A mining lease shall specify the area and the minerals in respect of which it is granted, and shall be subject to such rentals, fees, royalties, premiums and other payments as may be prescribed, and shall contain such covenants and conditions and shall be in such form, as the Land Officer may determine.