BIHAR MINERALS (CONCESSION, PREVENTION OF ILLEGAL MINING, TRANSPORTATION & STORAGE) RULES, 2019

 

PREAMBLE

In exercise of the powers conferred under Section 15 read with Section 23C and Section 26 of Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957), the Governor of Bihar is pleased to make the following Rules.

CHAPTER I PRELIMINARY

Rule - 1. Short Title, Extent and Commencement.

(1)     These rules may be called the Bihar Minerals (Concession, Prevention Of Illegal Mining, Transportation & Storage) Rules, 2019.

(2)     It shall extend to the whole State of Bihar.

(3)     It shall come into force on the day of its publication in the Official Gazette.

Rule - 2. Definitions.

(1)     In these Rules, unless otherwise required in the context.

(i)       "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957);

(ii)      "Collector" means the Collector-cum-District Magistrate of a district or any person appointed by the Government to exercise the powers and perform the functions of the Collector-cum- District Magistrate;

(iii)     "Competent Officer" means.

(a)      in the case of grant of quarrying permits in land notified as reserved and protected forest under the Indian Forest Act, 1927 (Central Act XVI of 1927), where the actual mining operation involved is merely removal from the surface or from a depth not exceeding five feet and to a limit of 10,000 cubic feet only, Divisional Forest Officer of the reserved and protected areas concerned, and;

(b)      In all other cases in respect of all lands, and sub-soil including any right in mines and minerals whether discovered and whether being worked or not, the Mining Officer of the District;

(iv)    'Competent authority' means the authority for exercise of such powers and carrying out of such functions as specified in these rules and shall include officer authorised by the Central Government as per the Environment Impact Assessment Notification and Environment Protection Act in case of granting Environmental Clearance;

(v)      'Carrier' means any mode or conveyance of facility by which Ore/mineral is transported from one place to another and it includes mechanized device, person, animal, Cart, Boats;

(vi)    "Department" means the Department of Mines and Geology, Government of Bihar;

(vii)   "Divisional Commissioner" means the Commissioner of a Division appointed as such by the State Government;

(viii)  "Director of Mines" means the Director of Mines appointed as such by the State Government;

(ix)    "Export" means to take out of the State of Bihar otherwise than across a customs frontier as defined by the Central Government;

(x)      "Form" means a form set out in schedule I appended to these rules;

(xi)    "Government" means the State Government of Bihar;

(xii)   "Import" means to bring into the State of Bihar otherwise than across a customs frontier as defined by the Central Government;

(xiii)  "Local Authority" means a Municipal Committee, District Board or other authority legally entitled to, or entrusted, by the Government with the control or management of a municipal or local fund;

(xiv)  "Mines Commissioner" means the Commissioner of Mines and Geology, Bihar, or any other Officer authorized in this behalf by the State Government to perform the duties of Commissioner under these rules;

(xv)   "Minor Minerals" means minor minerals as defined in clause(e) of Section 3 of the Mines and Minerals (Development and Regulation) Act, 1957 and includes such minor minerals as notified by the Ministry of Mines in their Notification No. SO 423(E) dated 10.02.2015;

(xvi)  "Mineral Concession" means a mining lease or settlement in respect of minor minerals and includes quarrying permits, permitting the mining of minor mineral(s) in accordance with the provisions of these rules;

(xvii) "Mineral Concession Holder/Settle/Lessee" means a person(as defined in these rules) holding a valid Mineral Concession for quarrying/raising stone, sand and other minor minerals from the settled/lease hold area and would also include the plural there of;

(xviii)   "Mining Plan" means a plan prepared by a Recognized Qualified Person (RQP) on behalf of Department/mineral concession holder of minor minerals and includes progressive and final mine closure plans;

(xix)  "Mining Officer" means the officer as mentioned under these rules;

(xx)   "Person" means an individual, a firm, a company, an association or body of individuals, an institution or department of the State Government or Central Government;

(xxi)  "Prescribed" means prescribed by these rules or guidelines;

(xxii) "Public Demand" means public demand as defined under Bihar & Orissa Public Demands Recovery Act, 1914 (Act 4 of 1914);

(xxiii)   "Quarrying Permit" means a permit granted under chapter VII of these rules to extract and remove any minor minerals in specified quantities from the specified areas;

(xxiv)   "Recognized Qualified Person" means a person who has been notified/empanelled as such by the Department;

(xxv)"Sandghat" means a sand bearing area from where sand may be extracted and transported by means of a carrier;

(xxvi)   "Settlement" means a mining right given on behalf of the Government to quarry, win, work and carry away sand and other minor mineral(s) specified therein through a competitive bidding process as notified by the State Government;

(xxvii)  "Schedule" means a schedule appended to these rules;

(xxviii) "Transport" means to remove from one place to another within the State of Bihar;

(xxix)   "Works Department" means departments of the Central or State Government including Company, Corporation, Undertakings, Autonomous body of the Government engaging works contractors for any kind of construction on its behalf;

(xxx)Works Contractor" means an individual, a firm, a company, an association or body of individuals who under an agreement, with the Works Department work for the said Department.

(2)     Words and expressions used but not defined in these Rules shall have the same meaning which is assigned to them in the Act.

CHAPTER II ESTABLISHMENT AND CONTROL

Rule - 3. Appointment of Mines Commissioner.

The State Government may, by notification, appoint a Mines Commissioner who shall be responsible for Administration of these rules at the State level.

Rule - 4. Appointment of Director Mines.

The State Government may, by notification, appoint a Director Mines who shall be responsible for Administration of these Rules in the field offices at the district level.

Rule - 5. Role of the Collector.

(1)     The Collector of the district shall be responsible for the complete implementation of the provisions of the Act and these rules.

(2)     The Collector shall also be competent to exercise the powers of the Mining Officer under these rules;

(3)     The Collector shall exercise direct control and superintendence over all the Mining Officers of the district.

(4)     The State Government may, by notification, confer the powers of the Collector to any Officer, not below the rank of Mineral Development Officer of the Mines Department or any Officer, not below the rank of Deputy Collector of the Revenue Department, with such designations, powers and duties as the State Government may think fit.

Rule - 6. Role of the Superintendent of Police-The Superintendent of Police shall.

(a)      Assist the Collector in ensuring implementation of the provision of the Act and these rules;

(b)      work under direct control and superintendence of the Collector;

(c)      enforce and implement such lawful directions of the Collector or the Director Mines or the Mines Commissioner as issued under the Act and these rules;

(d)      Submit such reports and in such manner as the Collector or the Director Mines or the Mines Commissioner may desire.

Rule - 7. Powers and functions of the Mines Commissioner- The Mines Commissioner.

(a)      Shall exercise over all control and superintendence over all Mining Officers in the State;

(b)      may require any Mineral Concession holder by notice to produce or caused to be produced before him such documents, accounts or other evidence which may be deemed fit;

(c)      may suo motto call for and examine the record of any proceeding conducted by any authority, officer or person subordinate to him under the Act and these rules and if he considers that any order passed therein is erroneous or is prejudicial to the interest of revenue, mining rules and environmental conditions, pass such order as he deems fit after giving the Mineral Concession holder or the person concerned an opportunity of being heard;

(d)      shall monitor the activities of the Mineral Concession holder and if he is prima facie satisfied that any Mineral Concession holder has violated all or any of the condition of the lease/settlement or is not complying to any lawful direction issued by any authority, he shall direct the Collector to take legal action against the Mineral Concession Holder.

Rule - 8. Power and function of Director Mines.

(1)     He shall head the Directorate of Mines and shall exercise administrative control over all Mining Officers of the Department.

(2)     He shall be responsible for the security of all mining operations in the State. He shall also be responsible for ensuring that the interest of the State are protected and all the Mineral Concession Holder, Corporation, other licensees operate as per the provisions of the Act and these rules.

(3)     He shall be responsible for the collection of royalty and other revenues payable.

(4)     There may be a Directorate of Security under him which shall employ adequate personnel on either deputation or recruitment from Civil/Police Personnel or retired Defense/Para Military/Police Personnel.

(5)     The Directorate of Security shall function under the control and supervision of Director and shall discharge such duties as may be assigned to it by the Director.

(6)     The structure of the Directorate of Security shall be approved by the State Government.

Rule - 9. Mining Officers at the District Level.

All districts of the State shall have a Mining Office headed by an appropriate Mining Officer to be appointed by the State Government.

Rule - 10. Persons with Special Powers.

The State Government may, by notification, and in order to implement the Act and these rules, empower any Government functionary not being a Mining Officer, with powers to perform all or any of the functions of any Mining Officer under these rules, and such person shall, in exercise of these functions, be deemed to be a Mining Officer.

CHAPTER III GENERAL RESTRICTION ON UNDERTAKING MINING OPERATION

Rule - 11. Prohibition of mining operation without permit or mining lease.

(1)     No person shall undertake any mining operation in any area, except under and in accordance with the terms and conditions of a quarrying permit or, as the case may be, a mining lease, granted under these rules;

Provided that nothing in this sub-rule shall affect any mining or quarrying operations undertaken in any area in accordance with the terms and conditions of a mining lease or quarrying permit granted before the commencement of these rules which is in force at the time of such commencement.

(2)     No quarrying permit or mining lease shall be granted otherwise than in accordance with the provisions of these rules.

Rule - 12. Restriction on the grant of quarrying permit or mining lease.

(1)     No mineral concession shall be granted in respect of any land-

(a)      to a person who is not an Indian national except with the previous approval of the Government;

(b)      in respect of land notified by Government as reserved for the use of the Government, local authorities or for any other public or for special purposes except with the previous approval of the Government;

(c)      in reserved and protected forest area without consulting the Divisional Forest Officer concerned;

(d)      in respect of any land within a distance of 50 meters from any village, bridge, national highway or reservoir except with the prior approval of the State Government.

(e)      falling within 'forest' as identified by Environment & Forest Department according to its dictionary meaning except after obtaining clearance under the Forest Conservation Act, 1980;

(f)       falling within protected areas, such as national parks, sanctuaries, community reserves, eco sensitive zone, notified wetlands and wild life corridors;

(g)      falling within bio-diversity heritage sites as defined under the provisions of the Biological Diversity Act, 2002 (Central Act No. 18 of 2003); and

(h)     notified by the State Government from time to time as no mining zone.

(2)     No mining lease and quarry permit shall be granted for any such minor minerals as the State Government may notify in this behalf.

Provided that such notification may be for the whole State or any part thereof.

Rule - 13. Boundaries below the surface.

Boundaries of the area covered by a mineral concession shall run vertically downwards below the surface towards the center of the earth.

Rule - 14. Maximum and Minimum area for a Mining lease/Settlement.

(a)      No person shall acquire in the State in respect of any minor mineral one or more mineral concessions covering a total area of more than 200 (Two hundred) hectares.

Provided that in case of settlement of sand this limit shall be applicable only for rivers mentioned in clause 5(i) of Bihar Sand Mining Policy, 2019.

(b)      The minimum area for grant of a mineral concession shall be 5 (five) hectares.

Rule - 15. Mineral concession to be in a compact block.

No mineral concession shall be granted in respect of any area which is not compact and contiguous.

Rule - 16. Duration of mineral concessions.

The duration of the mineral concessions for minor minerals shall be 5 years.

Rule - 17. Mining Plan.

Each Mineral Concession Holder/Government/Corporation as the case may be shall have to submit a Mining Plan, to the Department/Mining Officer before commencing the mining operation. Such mining plan shall be prepared by any Recognized Qualified Person.

(1)     Essential Factors to be considered for preparation of Mining Plan.

While preparing the Mining Plan the following issues should be taken into consideration:-

(i)       Estimated level of production.

(ii)      Estimated level of mechanization.

(iii)     Type of machinery to be used.

(iv)    Estimated quantity of diesel/fuel consumption.

(v)      Estimated number of trees to be uprooted due to mining operation.

(vi)    Previous level of the river-bed, quarry-bed to be ascertained by RQP and stated in the plan for calculation of mineable minerals.

(vii)   Ascertaining water level at mine-site and stating same in mine plan to avoid mining below ground water level as well as for study of ground water level.

(viii)  In case of mining of River-bed material calculation of Annual Rate of Replenishment for Sustainability of Sand Mining as per guidelines of MoEF & CC.

(ix)    Study to show the Annual Replenishment of sand in mining lease area being sufficient to sustain mining operations at level prescribed in the mining plan.

(2)     Important aspects of Mining Plan.

The said Mining Plan shall incorporate-

(i)       The plan of the precise area showing the nature and extent of the minor mineral reserve;

(ii)      Spot/spots where the excavation is proposed and its extent;

(iii)     A detailed cross section and detailed plan of spots of proposed excavation.

(iv)    Details of the geology of the precise area including minor mineral reserves of the area.

(v)      The extent of manual mining/mechanised mining in the precise area.

(vi)    Measures under Mine Closure plan -Progressive and Final Mine Closure plan.

(vii)   Annual programme and plan for excavation in the precise area from year to year for the entire mineral concession period.

(viii)  Tree/Plants conservation and development plan.

(ix)    Any other matter which the State Government may require to be provided in the mining plan.

(3)     The mining plan shall be prepared by a person who shall possess the qualification and experience as specified below.

(i)       a degree in mining engineering or a post-graduate degree in geology granted by a University established or incorporated by or under an Act of Parliament or State Legislature or any institution recognized by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act No. 3 of 1956) or any qualification equivalent thereto; and

(ii)      Professional experience of five years of working in a supervisory capacity in the field of mining after obtaining the qualification as specified in clause (i):

Provided that the person is empanelled with State Government or other State Government or Central Government.

(4)     Approval and submission of Mining Plan.

All Mineral Concession Holders or the Government/Corporation as the case may be shall submit a mining plan duly prepared by an RQP and approved by the Director or any officer/person/academic institution/Govt. agency authorized by the Department in this regard within a period of three months from the date on which communication regarding grant of mineral concession is received or such other period as may be decided/allowed by the department for the submission of the approved mining plan.

Provided that in case mine plan is prepared by the department through agencies, the cost shall be realized from the concerned Mineral Concession holder/settle.

(5)     Period of validity of Mining Plan.

The mining plan, once approved shall be valid for the entire mineral concession period unless revised/modified during the mineral concession period.

(6)     Modification of Mining Plan.

(i)       The Director or any person authorized in this behalf by the Department may require the holder of a mineral concession to make such modifications in the mining plan or impose such conditions as it considers necessary by an order in writing if such modifications or imposition of conditions are considered necessary.

(a)      In light of the experience of operation of mines.

(b)      On account of change in the technological development.

(c)      In light of any change in the legal provisions or the orders of any court.

(ii)      A Mineral Concession Holder, desirous of seeking modifications in the approved mining plan, shall apply to the Department or any person authorized in this behalf setting forth the intended modifications and explaining the reasons for the same.

(iii)     The Director or any officer/person/academic institution/Govt. agency authorized in this behalf by the Department may approve the modification or approve with such alterations as it may consider expedient within a period of sixty days from the date of receipt of such application for modification of mining plan.

(iv)    Where no decision is communicated within the aforesaid period of sixty days, the mining plan or modified mining plan or scheme of mining, as the case may be, shall be deemed to have been provisionally approved, till such time a final decision in the matter is communicated.

(v)      In case of any increase in lease area or production capacity prior approval of competent authority of MoEF & CC has to be obtained.

(7)     (i) Mine Closure Plan- Every mine shall have Mine Closure Plan which shall be of two types -Progressive Mine Closure Plan; and Final Mine Closure Plan.

(ii) Submission of Progressive Mine Closure Plan.

(a)      The owner, agent or manager of a mineral concession shall submit a progressive Mine Closure Plan as a component of mining plan to the officer authorized by the Department in this behalf as the case may be for approval within a period of one year from the date of grant of such mineral concession.

(b)      The officer authorized by the Department in this behalf shall convey his approval or refusal of the progressive mine closure plan within ninety days of the date of its receipt.

(c)      If approval or refusal of the progressive mine closure plan is not conveyed to the owner, agent or manager of the mineral concession the progressive mine closure plan shall be deemed to have been provisionally approved, and such approval shall be subject to final decision whenever communicated.

(iii) Submission of Final Mine Closure Plan.

(a)      The owner, agent or manager of a mineral concession shall submit a final mine closure plan to the officer authorized by the Department in this behalf for approval one year prior to the proposed closure of the mine.

(b)      The officer authorized by the Department in this behalf shall convey his approval or refusal of the final mine closure plan within ninety days of the date of its receipt to the owner, agent or manager of the mineral concession.

(c)      If approval or refusal of the final mine closure plan is not conveyed to the owner, agent or manager of the mineral concession, the final mine closure plan shall be deemed to have been provisionally approved and such approval shall be subject to final decision whenever communicated.

(d)      The essential factors for preparation of mine plan, modified mine plan and submission of final mine closure plan shall be subject to guideline issued from time to time by the State Govt./Central Govt.

Rule - 18. Protection of Environment.

(1)     Every holder of a mineral concession shall take all possible precautions for the protection of environment and control of pollution, while conducting mining operation, beneficiation, crushing or any other allied activity.

(2)     Environmental Clearance- All Mineral Concession Holders or the Government/Corporation as the case may be shall obtain prior environmental clearance as per the prevailing Environmental Impact Assessment notification and latest instructions issued by the Competent Authority of the Ministry of Environment and Forest, Government of India in this regard and as per the provisions of the Environment Protection Act.

Provided further that the Mineral Concession Holder shall obey and comply with such other instructions, regarding environmental protection and Environmental Clearance issued from time to time by the Government of India, State Government, Central Pollution Control Board, State Pollution Control Board and the Collector of the District.

(3)     Mining operation to be in accordance with Environmental Clearance-All mining operations shall be in accordance with the terms and conditions laid under the environmental clearance.

Rule - 19. Contribution to the District Mineral Foundation.

(1)     The mineral concession holder shall deposit or make payment to the District Mineral Foundation which is created as per the District Mineral Foundation Rules at the rate prescribed by the State Government for the benefit of the persons and areas affected by mining and quarrying.

(2)     The manner in which payment is required to be made and the mode of payment shall be prescribed by the State Government in the relevant rules.

Rule - 20. Mining in the Forest Areas.

(1)     The minor minerals lying inside any forest area may be settled by the Collector with the condition that the prospective Settle brings the due permission from the Forest Department under the Forest Conservation Act, 1980.

(2)     The formal mining lease deed shall be executed only after the required clearance from the Forest Department is received.

Rule - 21. Other Conditions.

(1)     The Department may require any Mineral Concession Holder to take up environmental friendly activities and set up such modern facilities like weigh bridges, computers, offices at the mining sites or his premises.

(2)     The Department may lay down such other conditions from time to time on the Mineral Concession Holders as it may deem fit in order to enforce the provision of the Act and these rules. These may, inter alia, include such conditions as are peculiar to a particular minor mineral or a particular geographical area.

CHAPTER IV PROCEDURE FOR GRANT OF A MINING LEASE EXCEPT SAND

Rule - 22.

Any mineral concession in the form of a mining lease shall be settled by means of public auction cum tender only through e- bidding mode and as per the procedure laid in the latest notification issued by the State Government in this regard or as decided by the State Government in this regard from time to time.

(1)     For the purpose of grant of mineral concession by public auction cum tender the Collector shall notify the following particulars of the area, namely:-

(a)      Topo sheet No. extent of the area and boundaries.

(b)      Name of village, Circle, Plot No. Khata No. etc.

(c)      The period of mineral concession.

(d)      Date of auction shall be notified before one month from the date of auction.

(2)     Every bidder of mineral concession shall file required documents before public auction cum tender as notified by the State Government in this regard from time to time including.

(a)      Clearance Certificate in respect of mining dues, such as royalty or dead rent and surface rent as obtained from competent officer.

(b)      An affidavit stating that the applicant has-

(i)       Filed up-to-date income tax return.

(ii)      Paid the income tax assessed on his total income.

(c)      Amount equivalent to 10[ten percent] of auction amount as security which shall be adjusted with the last installment of auction amount if the mining leaseholder is not otherwise defaulter in payment. In case of unsuccessful bidder the security deposit shall be refunded by the Collector.

(3)     Payment of bid amount.

The bid amount shall be deposited in yearly basis in equal installments and each installment shall be deposited sixty days before the completion of one year from the date of execution of the lease during the first year followed by the same procedure in the consecutive years.

Provided that leases executed before the commencement of this rule shall continue to deposit yearly instalments before 31st January of every year.

Provided further that notwithstanding repugnant in these Rules or otherwise the settle shall pay extra royalty for the quantity of mineral extracted and dispatched in excess of the quantity equivalent to bid amount.

(4)     Default in payment.

If any installment shall not be deposited before prescribed period, 24 percent simple interest shall be charged up to two months and after that action for cancellation shall be taken.

(5)     Fixation of Minimum Reserve Value.

The fixation of minimum reserve value shall be as decided by the Department from time to time.

(6)     Failure on the part of the successful bidder.

In case the successful bidder fails to deposit the required security deposit along with other payable taxes within the prescribed time limit as referred to in the prevailing notification of the State Government in this regard, his security deposit shall be forfeited and a fresh settlement process through public auction shall be initiated.

Rule - 23.

All such minerals notified by the Central Government vide notification no. SO 423(E) dated 10.02.2015 and contained in Schedule-IIIA shall be settled through public auction-cum-tender through e-bidding mode or as decided by the State Government in this regard from time to time.

Rule - 24. Application for grant of mining leases.

Notwithstanding anything contained in this rules any application for grant of mining lease shall be disposed of in the following manner-

(1)     (a) A mining lease except of granite shall be granted by the Collector,

(b) Mining lease of granite shall be granted by the State Government.

(2)     Every application for a mining lease in respect of any mineral shall be made in Form "A" to the competent officer or any other officer authorised by the Collector.

(3)     Every application for a mining lease shall be accompanied by a fee of Rs. 10,000/- and details of the land in respect of which the mining lease is applied for, and where so required, certified copy or copies of the relevant extracts of the record of rights.

(4)     Every application for mining lease shall be accompanied by a valid clearance certificate of payment of mining dues such as royalty or dead rent, surface rent and cess upto the end of last financial year in respect of all mineral concessions held in the State of Bihar.

(5)     Every application shall be accompanied by an affidavit stating that the applicants has-

(a)      filed Income-Tax returns up-to-date;

(b)      paid the Income- Tax assessed on him; and

(c)      paid the Income-Tax on the basis of self assessment as provided in the Income-Tax Act, 1961.

(6)     Every application shall be accompanied by an affidavit showing particulars of areas mineral wise in such State, which the applicant or any person jointly with him -

(a)      already holds under a mining lease;

(b)      has applied for but has not been granted; and

(c)      being applied for simultaneously.

(7)     Every application for grant of mining lease, where the land is not owned by the applicant shall be accompanied by a statement in writing that the applicant has obtained surface right over the area or has obtained the consent of the owners for starting miming operation

Provided that no such statement shall be necessary where the land is owned by the State Govt.

Provided further that consent of the raiyats/owners of the land for starting mining operations in the area or part thereof shall be furnished after execution of the lease deed but before entry into said area;

When an application for a mining lease is not accompanied by the papers specified in sub rules (2) to (7), it shall be rejected by the Competent Officer within a period of 15 days from the date of its receipt.

Rule - 25. Survey of the area.

Survey and demarcation of the area under a mineral concession shall be done by the mineral concession holder and verification of the same shall be done by the competent authority. No mining or quarrying operation shall commence before verification of the boundaries of the applied area for grant of mining lease or quarry permit.

Rule - 26. Conditions.

(1)     (a) Every mining lease shall be in Form 'B' or in a Form as near thereto as circumstances in each case may require.

(b) The conditions embodied in Form 'B' shall be deemed to be conditions imposed under this Rule and shall be binding upon the lessee.

(2)     The mineral concession holder shall erect boundary pillars at regular intervals (not exceeding twenty meters in any case) at the boundary of the lease hold area. The said boundary pillars should be made of reinforced concrete pillars of dimension of minimum one square feet and height of 1.5 meters, 1/3rd of which shall be erected below the ground. The part of the pillar above the ground shall be painted in transparent and black colour alternately (in zebra style) so as to render it distinctly visible.

(3)     The Collector may impose such other conditions as he deems necessary in regard to the following namely-

(a)      The time limit, mode and place of payment of rents and royalties;

(b)      The mineral concession holder shall pay to the occupier of the surface of the land such compensation as may become payable under these rules.

(c)      The mineral concession holder shall take such measures for planting in the same area or any other area selected by the Central or state Government not less than twice the number of trees destroyed by reasons of any mining operation or to the extent possible, the restoration of flora and other vegetation destroyed by such operation.

(d)      The restriction of surface operations in any area prohibited by any authority;

(e)      The notice by mineral concession holder for surface occupation;

(f)       The provision of proper weighing machines;

(g)      The facilities to be given by the mineral concession holder for working other minerals in the lease area or adjacent area;

(h)     The reporting of accidents;

(i)       The securing of pits and shafts;

(j)       The indemnity to Government against claims of third party;

(k)      The delivery of possession of lands and mines on the surrender, expiration or determination of the lease;

(l)       The forfeiture of properly left after determination of the lease;

(m)    The power to take possession of plant, machinery, premises and mines in the event of war or emergency;

(n)     The lessee shall not pay a wage lesser than the minimum wage prescribed by the Central or State Government from time to time under the Minimum Wages Act, 1948.

(4)     The Collector, if he is of the opinion that in the interest of mineral development it is necessary so to do, may, in any case with the previous approval of the Government, impose such further conditions as he thinks fit.

Rule - 27. Application for the transfer of mineral concession.

(1)     The transferor and transferee interested in the transfer shall produce valid clearance certificate of payment of mining dues such as settlement amount, royalty, dead rent, surface rent etc.

(2)     (a) The mineral concession holder shall not assign, sub-let, mortgage or in any other manner transfer the quarrying lease or any right, title or interest vested therein unless prior order of Collector has been obtained, to any other person.

(b) Every Mineral Concession Holder seeking prior order under sub-rule (1) shall make an application to the Mining Officer which shall be accompanied by a letter of consent of the owner or occupant of the land to the effect that he has no objection for quarrying minor minerals by the transferee.

(c) Transfer of Mineral Concession shall require transfer of EC by competent authority of MoEF & CC from transferor to transferee.

Rule - 28. Execution of lease.

(1)     Where a mineral concession is granted under the rules the formal lease deed shall be executed by the Collector in Form "B" within 180 days of the order sanctioning the lease and if the person to whom such mineral concession has been granted fails to submit the required documents for execution within the aforesaid period the order sanctioning the lease shall be deemed to have been revoked, and in that event the application fee and the security deposit shall be forfeited.

Provided that no lease shall be executed unless the person to whom such lease has been granted submits the mining plan and environment clearances as required under these rules.

Provided further that where the Collector is satisfied that the person to whom such lease has been granted is not responsible for the delay in execution of the formal lease, he may permit the execution of the formal lease even after the expiry of the aforesaid period of 180 days.

(2)     The date of the commencement of the period for which a mineral concession is granted shall be the date on which the mining lease deed is executed under sub-rule (1) and the lessee shall be liable to pay rent/royalty from the date of the execution of the mining lease.

(3)     The lease dead has to be duly registered by paying proper stamp duty and registration fees.

(4)     No claim for extension of lease period shall be entertained for any delay.

CHAPTER V SETTLEMENT OF SAND

Rule - 29.

(A) Mode of Settlement.

(1)     The settlement of sand as minor mineral shall be done by public auction-cum-tender through e-bidding mode in favour of the highest bidder by the Collector/any officer so authorised by the State Government.

(a)      The State Government shall issue a notification regarding mode & detailed procedure for settlement of sandghats from time to time as and when required.

(b)      The highest bidder shall deposit 10% of the auction amount immediately after the auction, following which an in-principle sanction order shall be issued in his favour by the Collector/any officer so authorised by the State Government.

(c)      The highest bidder shall submit the required documents within the prescribed time limit as referred to in the prevailing notification issued by the State Government in this regard, following which the work order shall be issued in his favour by the Collector/any Officer so authorised by the State Government.

(d)      The successful bidder or the Government/Corporation as the case may be shall submit a mining plan prepared for the respective sandghats and shall be approved by the Director or any person/officer authorised in this regard.

(e)      The successful bidder or the Government/Corporation as the case may be shall obtain environmental clearance from the competent authority as per the prevailing Environmental Impact Assessment notification of the Ministry of Environment, Forest & Climate Change, Government of India and as per the provisions of the Environment Protection Act.

(2)     Restricted areas for sand quarrying.

(i)       The quarrying of sand shall be prohibited within 300 (three hundred) meters on both sides of any railway bridge or any bridge falling under any National Highway/State Highway and shall be prohibited within 100 (one hundred) meters of both sides of any other bridge. However the prohibited zone in respect of any particular bridge may be extended by the State Government through a notification in this regard, if so required for reasons of safety.

(ii)      No quarrying shall be permitted within 50 (fifty) meters of any public place i.e. Cremation ghat or any religious place etc.

(iii)     No quarrying shall be permitted within 5 (five) meters from both banks of the river.

(iv)    The quarrying of sand shall be prohibited within 100 (one hundred) meters upstream and downstream from any dam/weir or any other structure erected for irrigation purpose.

(v)      Sandghats should preferably be located on the river side of embankment. For low embankment less than 6 metres height, quarrying should not be done within 25 metre from toe/heel of the embankment and depth of mining should not be more than 1.00 metre. In case of higher embankments, the distance should not be less than 50 metre and depth of mining should be maximum 1.50 metre and at a distance of 75 metre or more mining depth should be maximum 2.00 metre. In order to obviate the development of flow parallel to embankment, crossbars of width eight times the depth of mining pits spaced at 50 to 60 metres center to center should be left in the mining pits.

(vi)    The irrigation outlet shall be maintained at the same level as that of the riverbed and in no case the river bed level shall be permitted to be below the irrigation outlet level. No quarrying shall be permitted around the infiltration well/intake well up to a distance of 5 meters.

(vii)   The extraction of sand shall be permitted only after obtaining a No Objection Certificate from the Water Resources Department in the case of rivers where from irrigation channels are out flowing.

(viii)  No quarrying of sand shall be permitted in any private land owned by any person unless the settle obtains the consent of the concerned land owner/raiyat.

(ix)    No quarrying of sand shall be permitted in any area which the State Government notifies as a restricted area.

(3)     Maximum depth of Sand Mining.

The maximum depth of mining in the river bed shall not exceed 3 (three) meters measured from the unmined bed level at that point of time or the water level whichever is less. All such pits formed during the course of excavation shall be filled on a regular basis.

(4)     Fixation of Minimum Reserve Value.

(i)       The minimum reserve value shall be fixed as decided by the Department.

(ii)      If no bidder turns up during the auction process on the fixed minimum reserve value, even after three attempts, the minimum reserve value shall be revised by the departmental technical committee on the basis of sand reserve in the concerned area, other local/technical conditions and recommendation received from district level committee headed by Collector. A re-auction of the said reach/sand block/sand ghat shall be conducted on the basis of revised minimum reserve value after taking approval of the State Government.

(5)     Failure on the part of the successful bidder.

In case the successful bidder fails to deposit the required security deposit along with other payable taxes within the prescribed time limit as referred to in the prevailing notification of the State Government in this regard, his security deposit shall be forfeited and a fresh settlement process for the concerned sandghats through public auction shall be initiated.

B. Payment of Security Deposit.

(1)     Every settle of sand as minor mineral shall deposit the amount equivalent to 10 (ten) percent of auctioned/tendered amount as security for due observance of the terms and conditions of settlement which shall be refunded after the expiry of the period of settlement/adjusted with the last installment of the settlement by the Mining Officer (as defined in the rules).

(2)     Award of Concession and Signing of Deed.

The successful bidder shall be awarded the concession to mine sand for a period of 5 years. The successful bidder shall execute the settlement deed in form 'B' as prescribed in this rule or a form as near thereto before starting work. In case the approval of mining plan and the environment clearance have not been obtained, successful bidder shall obtain the same before the execution of settlement deed.

(3)     Mode of Payment of Royalty/Settlement Amount.

(i)       The settle shall make payment of the settlement amount as laid down in the Tender Document.

(ii)      In case the royalty computed on annual basis for the mineral extracted exceeds the annual settlement amount, the settle shall be liable for payment of excess royalty for the additional quantity as extracted in addition to the settlement amount.

(4)     Default in Payment-In case of default in payment of any installment within prescribed date, a simple interest at the rate of 24 percent per annum shall be charged.

C. Observance of terms & conditions of mining plan/environmental clearance.

The settle shall observe the terms and conditions of the mining plan as well as the terms and conditions laid in the Environmental Clearance pertaining to the concerned settlement.

D. Deployment of Machinery in sandghats.

The settle shall follow stipulations enumerated in Sustainable Sand Mining Management Guidelines, 2016/conditions specified in Environmental Clearance.

E. Online Sand Portal.

The Settle shall make sale of sand to all consumers (small, medium or large) either through online or offline mode. All transactions/payments, excavation, production/transportation, stocking details shall be captured through the departmental online real time monitoring system. Sale of sand shall be controlled by electronic documentation linked to a central documentation monitoring facility and all lessee shall upload a monthly progress report on the departmental portal without fail.

F. Installation of Weighbridges.

Each sandghat may have an electronic weigh-bridge, integrated with central server. However for adjacent sandghats, department may allow use of common weighbridge. Any vehicle found carrying sand without proper weighment slip/e-challan shall be liable to be seized under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 or the rules made there under.

G. Government's Right to undertake De-silting.

The Government reserves the right to take up desiltation projects, in such allocated mining blocks, to maintain the river flow, safeguard the embankments and habitations along the rivers on account of geo-technical and hydrological considerations. The department shall issue guidelines for disposal of sand excavated in the process of De-silting.

H. Removal of subsoil sand from raiyati land.

The settle may remove subsoil sand from raiyati land after taking consent and adequately compensating the land owner. Such proposals shall be included in mine plan and due environmental clearance from concerned competent authority of MoEF & CC has to be obtained before starting mining operations.

I. No objection from Water Resources Department.

In case of lifting sand from any sandghat if any natural water course/irrigation canal falls in between the link road and the sandghat then the settle may erect temporary structure for transportation of sand with prior permission of water resources department. Such application for prior permission shall be submitted by the settle before the concerned Chief Engineer of Water Resources Department. If no decision is communicated in this regard to the settle within one month from the date of application then it will be deemed that the concerned Department has no objection in the proposal.

Rule - 30. Penalty In case of breach of terms.

(1)     In case of mining within restricted area or mining sand beyond a depth of 3 meters, a penalty of Rs. One Lakh shall be imposed by the Collector against the settle for a first time violation.

(2)     For a second time violation a penalty ranging from Rs. Five lakh to rupees ten lakhs may be imposed against the settle keeping in view the gravity of the violation.

(3)     Wherever a settle is found indulging in such offence for the third time or more the settlement of that particular sandghat may be suspended by the Collector temporarily for a maximum period of one month until such breaches are rectified. If the breaches are not rectified in the time given by the Collector in this regard, action for cancellation of the settlement of the concerned sandghat shall be taken in extreme condition.

(4)     Transportation of sand shall be carried out through covered carriers only and no wet sand shall be loaded in carriers. The Competent Authority shall impose fine equivalent to market price of sand loaded in the said carrier for any transportation of wet sand and sand transported uncovered from the transporter.

CHAPTER VI ROLE OF STATE OWNED MINING CORPORATION

Rule - 31. Activities by the Bihar State Mining Corporation.

(1)     The State Government may entrust all or any of the mining activity or trade to Bihar State Mining Corporation. The Corporation may undertake, in particular, mining activity, wholesale trading, retail trading, storage, and transportation etc. of sand.

(2)     The Corporation may enter into an arrangement with any Government or semi Government or private undertaking for the said purpose.

Rule - 32. Corporation to buy minerals at prescribed rates.

The Department may direct all Mineral Concession Holder to sale some proportion of their produce which should not exceed 50 % of their total produce to the corporation at pit head cost.

CHAPTER VII PROCEDURE FOR GRANT OF QUARRYING PERMIT

Rule - 33. Grant of quarrying permits.

(1)     On an application made to him, the Mining Officer may grant a quarrying permit in Form "D" to any person to extract and remove from any specified land within the limits of his jurisdiction any mineral except sand & stone not exceeding Ten thousand cubic meters in quantity under anyone permit, on pre-payment of royalty at the rates specified in Schedule III 'A'. Before granting such permit, the Competent Officer shall satisfy himself that the requirement of the permit is genuine and that it does not obviate the necessity of obtaining a mining lease in the area in respect of which the permit for extraction of the mineral has been applied for.

(2)     The Mining Officer may refuse the issue of such permits for reasons to be recorded by him in writing.

(3)     The permits for extraction of ordinary earth under this rule shall not be granted for excavation beyond a depth of three feet for areas where "sand deposits" are available below the ordinary earth/clay/soil. No raiyat can claim for any permit from any specific land already leased/settled to anybody for mining.

(4)     The department may issue instructions for ban of granting Quarrying Permit for any particular mineral or minerals.

Rule - 34. Application for quarrying permit.

(1)     An application for quarrying permit shall be submitted to the Mining Officer in Form 'C'.

(2)     Every application for quarrying permit shall be accompanied by a fee of [Rs. 5,000/-]. (for Bangla Brick kiln the fee for quarrying permit shall be Rs. 500/- only).

(3)     Every application for quarrying permit shall be accompanied by a valid and up-to-date clearance certificate of payment of mining dues, if any. Every application of a quarrying permit shall, if the lands from which the minor mineral is to be extracted are raiyati lands, be accompanied by a written consent letter from the occupant of such lands to the effect that he has no objection to the extraction of the mineral by the applicant.

(4)     The application fee and royalty shall not be refunded if the raiyat subsequently refuses permission to the permit holder to work in the raiyati area.

(5)     Every application for the extension of the period of the permit shall be accompanied by a fee Rs. 1000.

(6)     The area applied for grant of quarrying permit shall be in a compact block covering not more than 5 hectares.

Rule - 35. Disposal of application for quarrying permit.

(1)     An application for the grant of quarrying permit shall be disposed of by the Mining Officer within 30 days from the date of its receipt.

(2)     If any application is not disposed of within the period specified in sub-rule (1), it shall be deemed to have been rejected.

Rule - 36. Conditions on which the quarrying permit shall be granted.

(1)     Every quarrying permit granted under rule 33(1), shall contain a condition that the depth of the pit below the surface shall not exceed 3 meters.

(2)     Any quarrying permit granted under rule 33(1) may contain such other conditions as deem necessary in regard to the following matters, namely:-

(a)      Time limit, mode and place of payment of rents and royalties;

(b)      Compensation for damage to the land covered by permit;

(c)      Felling of trees in consultation with Divisional Forest Officer in case of forest areas and in consultation with the Additional Collector in other areas;

(d)      Restriction on surface operation in any area prohibited by any authority;

(e)      Reporting of accidents;

(f)       Indemnity to Government against claims of third parties;

(g)      Period within which the minor mineral shall be extracted and removed and delivery of possession over lands on the expiry of such period or on the removal of the quantity of the minor mineral for which the permit is valid;

(h)     Forfeiture of property left after cancellation of the permit; and

(i)       Disposal of minerals in stock at site after expiry of the permit.

(3)     In case of breach of any of the conditions subject to which the permit is granted, the Mining Officer may cancel the permit issued by him. On cancellation of the permit, the quarried material lying on the land from which they are extracted shall become the absolute property of the Government and shall be sold by public auction by the Mining Officer.

(4)     The Mining Officer after enquiry and verification shall assess amount of royalty and penalty for the excess quantity at the end of the prescribed period.

(5)     Every permit holder shall obtain a prior environmental clearance as specified in Rule 18 (2).

(6)     Every permit holder shall also abide by the following conditions-

(i)       The activity associated with mining/excavation of brick earth and ordinary clay/earth for purpose of brick manufacturing, construction of roads, embankments etc. shall not involve blasting.

(ii)      The mining/excavation activity shall be restricted to a maximum depth of 3m below normal ground level at the site.

(iii)     The mining/excavation activity shall be kept above the ground water table at the site.

(iv)    The mining/excavation activity should not alter the natural drainage pattern of the area.

(v)      The mined/excavated pit shall be restored by the project proponent for useful purpose(s).

(vi)    Appropriate fencing all around the mined/excavated pit shall be made to prevent any mishap.

(vii)   Measures shall be taken to prevent dust emission by covering of mined/excavated earth during transportation.

(viii)  Safeguard shall be adopted against health risks on account of breeding of vectors in the water bodies created due to mining/excavation of earth.

(ix)    Workers/labourers shall be provided with facilities for drinking water and sanitation.

(x)      A berm shall be left from the boundary of adjoining field having a width equal to at least half the depth of proposed excavation.

(xi)    A minimum distance of 15 m from any civil structure shall be kept from the periphery of any excavation area.

(xii)   No mining of earth/excavation of 'brick earth' or ordinary earth shall be permitted in case the area of mining excavation is within 1 km of boundary of national parks and wild life sanctuaries:

Provided that the permit holder shall abide by any other condition imposed or any instruction issued by the Central Government/State Government in this regard."

Rule - 37.

(1)     Grant of Mineral Disposal Permit for mineral encountered in the process of construction of Building/Structure/Development Projects.

Notwithstanding anything contained in these rules, where any mineral is encountered in the process of construction of any building or a development project and has to be extracted in the process of execution of such project the Collector on a report from concerned mining officer may grant a permit for removal and use of any such minor mineral from any specified land not already leased/settled to anybody for mining. The said permission may be granted on payment of the applicable royalty and other charges to the Government in advance for the specified quantity and period not exceeding three months.

(2)     Grant of Mineral Disposal Permits for minerals excavated in the process of maintenance of Canal and Drainage System by the Department of Irrigation.

Notwithstanding anything contained in these rules where any silt or sand or ordinary earth or any other minor mineral is extracted in the process of maintenance and upkeep of a canal or drainage system or clearance of drains, the Collector on a report from concerned mining officer may grant a permit for removal and use of any such minor mineral. The Executive Engineer concerned shall submit an application before the concerned mining office for issue of permit for disposal of the said mineral. The said permission may be granted on payment of the applicable royalty and other charges to the Government in advance for the specified quantity and period not exceeding three months.

(3)     Permits for specific emergency situations.

Notwithstanding anything contained in these rules the Collector may grant permit for extraction of minor minerals from such area which has not been granted on mineral concession to such government department or any other government agency or any individual requiring mineral for execution of works relating to emergent flood protection works or any other natural calamity or other pressing circumstances for safety of human and cattle life under emergency conditions. The said permission may be granted on payment of the applicable royalty and other charges to the Government in advance for the specified quantity.

All application under Rule 37(1), (2) & (3) shall be in Form "E" and the permits shall be granted in Form "F".

CHAPTER- VIII REGULATION AND REVENUE COLLECTION FROM BRICK KILN

Rule - 38.

(1)     Consolidation of royalty on brick earth.

Notwithstanding anything contained in these rules, the State Government shall determine a consolidated amount of royalty which may be revised once in three years, to be paid by the Brick Kiln owner/brick earth remover per kiln per annum as mentioned in Schedule III-B of the Rules to the State Government on a fixed number of bricks for every classified area.

Provided that the State Government may for the purposes of determining the consolidated amount of royalty to be so paid classify the place into different categories taking such facts into account which the State Government think proper.

(2)     Authorisation of Sub divisional Officer and Circle Officer to take action.

The Sub Divisional Officer (SDO) and Circle Officer of the area concerned shall be duly authorized to function in the manner provided under this Rule.

(3)     Grant of Quarrying permit for Brick Earth.

On an application made to the Mining Officer by an applicant and on submission of the required documents as prescribed in Rule 34 of these rules along with the required Environmental Clearance from competent authority as notified by MoEF & CC, a No Objection Certificate and Emission Consent order from the Bihar State Pollution Control Board and the consolidated amount of royalty as per Schedule III 'B' of the rules, He/She shall grant a quarrying permit in form 'D' for extraction and removal of brick earth in respect of any brick kiln for a particular brick season from any specified land within the limits of his jurisdiction.

(4)     Mode of Payment.

The brick kiln owner/brick earth remover shall pay the consolidated amount of royalty per kiln per annum as per Schedule III 'B' of the rules to the State Government for different areas within the date as prescribed for the particular brick season shown in the table below:-

(5)     Action for default in payment:

If the brick earth remover/brick kiln owner fails to make payment of the consolidated amount of royalty in the manner so prescribed of that particular Brick season, he/she shall not be allowed to carry on the business and the competent officer or any other officer duly authorised in this behalf by the State Government shall be competent to stop such business.

Explanation- For the purpose of this rule-

(a)      Business means and includes laying, burning or selling of brick by brick earth remover/brick owner and such other activities as are associated with manufacturing of bricks.

(b)      For the purpose of this rule brick earth remover means and includes person or persons by whom or on whose behalf the brick earth is removed for manufacturing bricks.

(c)      For the purpose of this rule brick kiln owner means a person who owns the bricks kiln or on whose behalf bricks are manufactured in that kiln and includes manager, agent and lessee of such person

(6)     Action for non-submission of required clearance from comp competent authority as notified by MoEF & CC-

If the brick earth remover/brick kiln owner fails to submit the required Environmental Clearance from the competent authority as notified by MoEF & CC and/or the required Emission Consent Order from the Bihar State Pollution Control Board (BSPCB), the Competent Officer/Sub Divisional Officer/Circle Officer shall stop the business and report the matter to competent authority as notified by MoEF & CC/BSPCB for initiating penal provisions for violation of rules.

CHAPTER IX STORAGE OF MINOR/MAJOR MINERALS BEYOND LEASE HOLD AREA

Rule - 39.

(1)     Every person who carried business of minor/major mineral beyond any lease hold area shall obtain a stockist license from the Mining Officer in Form-K which shall be displayed at a conspicuous place of business and shall maintain proper accounts of purchase and sale of all such minerals in a register in form-H which shall be produced before the Mines Commissioner, Director of Mines, Additional Director of Mines or Deputy Director of Mines or Mining officer or any other officers authorised by the Government, for inspection. Every application for obtaining license in Form-K shall be accompanied with a fee of Rs. 10,000/- (Ten Thousand Rupees)

(a)      Every such license shall be valid for one calendar year;

(b)      Every such license may be renewed on application which shall be accompanied by a fee of Rs. 2000 (Two Thousand Rupees)

(2)     Every such person as mentioned in (1) shall issue a transport challan in Form-'G' or in the prescribed format to every carrier, while dispatching minerals from his stock.

(3)     If any person as mentioned in (1) fails to maintain a register in form 'H' or obtain license in Form 'K' or issue a challan in Form 'G' or in the prescribed format, shall be punishable with simple imprisonment which may extend up to one year or value of the mineral along with a fine which may extend upto Rs. 10,000/- or with both.

(4)     No person shall be permitted to erect, install or operate a stone crusher outside a lease hold area.

Provided that the existing stockist license held for stone mineral used for crusher shall remain operational till the validity of their license period, on the condition of the licensee abiding by all the relevant rules/provision of law/conditions stated in their license/conditions stated in CTE & CTO issued by BSPCB failing which the license shall be cancelled.

Provided further that the department may allow installation of any crusher including mobile crusher within a periphery of 500 meters of the lease hold boundary to the lease holder or person directly engaged in construction activity on conditions as decided by the department.

CHAPTER X E-REQUIREMENTS

Rule - 40. Usage of Electronic Procedures.

The Mines Commissioner may, by notification, require all Mineral Concession Holder or any other Stake Holder to file their returns, statements and activities electronically and undertake all or any operations through electronic mode. Government shall implement all the working system of the Department through e-office system and ultimately convert to paperless working.

Rule - 41. E-Challan.

The movement of all minor minerals, whether by Mineral Concession Holder or by the Corporation, shall be monitored through e-Challan in Form G or in the prescribed format.

Rule - 42. Mining MIS.

(1)     The Department may also require all the Mineral Concession Holder, the Corporation and other persons engaged in the transport and trade of minor minerals to come under the purview of the provision of these rules and under take their activities as per the Mining MIS system to be developed by the Department.

(2)     The Department may lay down detailed guidelines for its MIS.

CHAPTER XI GRANT OF TRANSIT PASS/CHALLAN/E-CHALLAN FOR MOVEMENT OF MINERALS

Rule - 43. Prohibition on Transportation.

No person shall transport or carry or cause to transport or carry any Ore/mineral by any means from the place of raising, leasehold area or the area of stock of minerals to another place without being in possession of a valid transit pass/challan/E-challan in Form-G or in the prescribed format issued by the Competent Officer under the Rules;

Rule - 44. Restrictions on Vehicles Carrying Minerals.

The State Government may lay down reasonable restrictions on the vehicles transporting any minerals and may require them to adhere to certain specifications.

Provided further that the State Government may direct the owners of transport vehicles to install GPS devices or such other devices, as it may require and give such directions as it deems fit.

Rule - 45. Power to Regulate Movement of Minerals.

The Department may by notification regulate the export of mineral from State to other states. The department may set up check-post, barriers, weighbridges etc. and such other facilities to regulate the movement of minerals.

If the Department considers it necessary to do so with a view to check the transport and storage of minerals transported without lawful authority, it may direct the setting up of check-post or erection of barrier or both at any place or places within the state by an order in writing.

Rule - 46. Registers, returns and Signboard.

(1)     Every Mineral Concession holder shall maintain Register in Form 'H' in which day to day transaction shall be entered. He shall also have to display a signboard.

(2)     Every Mineral Concession holder shall submit every month to the Competent Officer a true and correct return for minerals in Form 'I' by the fifteenth day of the following month to which it relates.

(3)     Every Mineral Concession Holder shall submit annual returns in Form "J" as appended to these rules before the 30th April of each year in respect of the preceding financial year.

(4)     Every Mineral Concession holder shall give all reasonable facilities to the Mining Officer or Director of Mines or Additional Director of Mines or Deputy Director of Mines or any other Officer authorised by the Collector in this behalf to inspect, verify and check the accounts of the minerals.

(5)     If the accounts, returns and other evidence produced by the Mineral Concession holder or any other person who has removed minerals, are in the opinion of any of the officers authorised incorrect, incomplete or unreliable either wholly, or partly, the officer concerned, shall report to the Mining Officer who shall proceed to assess to the best of his judgment, the amount of royalty due from the assessee:

Provided that if the mining officer himself has formed the opinion he shall proceed forthwith to assess to the best of his judgment, the amount of royalty due from the assessee.

(6)     The state government in addition to accounts/returns or other evidence may also direct to ascertain the actual quantity of mineral excavated during relevant concession period by deploying modern technology such as aerial survey/ground survey or any latest method.

CHAPTER XII CANCELLATION OF MINERAL CONCESSION

Rule - 47. Power to Suspend or Cancel Mineral Concession.

(1)     The Collector shall be competent to cancel/suspend any Mineral Concession in his district.

(2)     Subject to such restrictions as the State Government may prescribe, the Collector may suspend or cancel and forfeit the Security Deposit/Earnest Money Deposit of any mineral concession in the following circumstances after giving reasonable opportunity of being heard -

(a)      if wrong documents have been furnished to obtain mineral concession; or

(b)      if the mineral concession is transferred or sublet by the holder thereof; or

(c)      if any mining revenue payable by the holder thereof is not duly paid; or

(d)      in the event of any breach by the holder of such mineral concession by his servant or agent, or by any one acting on his behalf, with his express or implied permission, of any of the terms and conditions of such mineral concession; or

(e)      if the holder of mineral concession or his agent or employee is convicted of an offence punishable under the Act or these Rules or any other law for the time being in force, relevant and connected with mining matters or matter relating to mining revenue or of any cognizable and non-bailable offence under any other relevant law; or

(f)       if the purpose for which the mineral concession was granted ceases to exist; or

(g)      if the mineral concession has been obtained through misrepresentation or fraud; or

(h)     If the Mineral Concession Holder has violated any of the conditions mentioned in these rules; or

(i)       If the Mineral Concession Holder fails to obtain the environmental clearance or violates any of the condition mentioned therein; or

(j)       If the Mineral Concession Holder fails to start mining operation within three months from the date of executing deed

(k)      If, for any other reason, the Collector is prima facie satisfied, that the mineral concession is fit to be cancelled.

(3)     For any action taken under sub-rule (1), the Mineral Concession Holder shall not be eligible for any compensation or refund whatsoever.

(4)     Notwithstanding anything mentioned above, in case of detection of any violation of the Act, these rules and any other condition of the mineral concession the State Government or the Collector may, apart from cancelling the mineral concession, also impose suitable financial penalties and/or start criminal prosecution.

(5)     Any such penalties levied shall be recoverable under the Public Demand Recovery Act, 1914 (Act 4 of 1914).

Rule - 48. Power of the Collector to take over the Management.

If any Mineral Concession Holder contravenes any provision of the Act or any rules made there under or defaults in complying with any condition imposed upon him or upon refusal to abide by such reasonable directions as the Collector may issue under these rules, or upon expiry of the mining lease period the Collector, may at any time, with or without cancellation of such mining lease-

(1)     Take over the management of such mining operations at the risk and loss of the owner of that establishment; or

(2)     Take over the management of such establishment at the risk and loss of the owner of that establishment; or

(3)     Transfer the establishment, for the unexpired period of the mining lease, at the risk and loss of the owner, to any other person or the Corporation.

Rule - 49. Power of Collector to Requisition Minor Minerals.

Notwithstanding anything mentioned above, in case of any natural disaster or acute shortage or such other emergencies or in order to maintain a buffer stock, the Collector may require a Mineral Concession Holder to produce or excavate a specified quantity of the minor mineral and deliver it to such a place at such rate as he deems fit.

Rule - 50. Exit Option for Mineral Concession Holder.

(1)     Any Mineral Concession Holder, at any point of the Mineral Concession period, may opt to exit the business upon giving Six months' notice to the Collector. However, this option is not available to Mineral Concession Holder who have not paid their bidding amount or settlement amount or have violated any condition of settlement.

(2)     The Collector may allow such Mineral Concession Holder to exit the business and return any security money deposited by the Mineral Concession Holder after deducting such dues as are recoverable.

(3)     The Collector, thereupon, shall initiate arrangement for a fresh bidding.

(4)     In case of fraud or violation of mining or environmental conditions or any other irregularities reported, no exit option will be available to the Mineral Concession Holder and their security deposit shall be forfeited.

CHAPTER XIII MINING REVENUE

Rule - 51. Rent/royalty and assessment.

(1)     When a Mineral Concession is granted:-

(a)      Dead rent shall be charged at the rates specified in Schedule II;

(b)      Royalty shall be charged at the rates specified in Schedule III(A); and

(c)      Surface rent shall be charged at the rate specified by the Collector from time to time for the area occupied or used by the lessee.

(2)     On and from the date of commencement of these rules, the provisions of sub-rule (1) shall also apply to the leases granted or renewed prior to the date of such commencement and subsisting on such date.

(3)     If the Mineral Concession Holder permits the working of more than one mineral in the same area, the Collector may charge separate dead rent in respect of each mineral.

Provided that the lessee shall be liable to pay the dead rent or royalty in respect of each mineral, whichever be higher in amount.

(4)     Notwithstanding anything contained in any instrument of lease the Mineral Concession Holder shall pay rent/royalty in respect of any minor mineral own, extracted and removed at the rate specified from time to time in Schedule II and III(A).

(5)     The State Government may, by notification in the official Gazette, amend the Schedule II, III(A) & III(B) so as to enhance or reduce the rate at which rents/royalties shall be payable in respect of any minor mineral with effect from the date of publication of the notification in the official Gazette.

(6)     The Mining Officer, after such enquiry and verification as he may deem necessary of the monthly returns furnished by the lessee in Form "I" and Annual Return in Form "J" shall assess the amount of rent/royalty payable by the Mineral Concession Holder at the end of the prescribed period.

(7)     Notwithstanding anything contained in these Rules, the royalty in case of auction of the minor minerals shall be the amount of auction. In cases where the royalty on dispatched quantity exceeds the auction amount, the extra royalty for the excess quantity of mineral extracted shall also be payable.

(8)     The Mineral Concession Holder shall also pay all assessments and imposition whatsoever being in the natures of public demands which shall from time to time be charged, assessed or imposed by the authority of the State Govt.

Rule - 52. Single Bank Account.

(1)     All Mineral Concession Holder shall necessarily operate only a single bank account for all their operations connected with the said lease or the license.

(2)     The Mineral Concession Holder must necessarily give the information of the said bank account to the Collector, the Mining Officer of the district, Director Mines and the Mines Commissioner.

(3)     Any person who acts in violation of this provision shall be liable for prosecution.

Rule - 53. Power to Freeze Bank Account.

Where the Collector, upon a report by Mining Officer has reason to believe that the bank account of any Mineral Concession Holder has to be frozen in order to protect Government revenue, he shall forthwith issue an order directing the concerned bank to freeze the bank accounts of such Settle/licensee, till further orders.

Rule - 54. How the fees and deposit to be made.

Any amount payable under these rules shall be paid into Treasury either through a paper challan or an electronic fund transfer.

Rule - 55.

The Government may, without prejudice to the provisions contained in the Act or any other rule in these rules; charge simple interest at the rate 24 percent per annum on any rent, royalty or fee or other sum due to the Government.

CHAPTER XIV OFFENCES AND PENALTIES

Rule - 56. Penalty for unauthorized extraction and removal of minor minerals.

(1)     Whoever is found to be extracting or removing minor minerals or on whose behalf such extraction or removal is being made he be an agent, a manager, an employee or a contractor or a sub-lessee, otherwise than in accordance with these Rules, shall be presumed to be party to the illegal removal of the minor mineral and every such person shall be punishable with simple imprisonment which may extend upto two years or with fine, which may extend upto rupees five Lakhs or with both.

(2)     If any person in charge of any carrier while carrying mineral fails to furnish the Challan in Form "G" or in the prescribed format or refuses inspection of such Challan by the Director of Mines or Additional Director of Mines or Deputy Director of Mines or Mining Officer or Mining Inspector or any officer authorised by the Collector, such officer shall recover from the person in charge of the carrier the value of the mineral alongwith fine which may extend upto Rs. Ten thousand.

In case of transportation of mineral without valid challan in Form "G", total value of mineral and fine which may extend upto Rs. Ten thousand shall be recovered from the person in charge of the carrier and deposited in the Govt. Head.

Provided that when the quantity of mineral loaded in carrier differs from the quantity mentioned in the challan the authorised officer shall recover value of the mineral for the difference quantity only along with fine which may extend upto Rs. Ten thousand. The quantity so assessed shall be based on actual measurement from weighbridge and not on the basis of eye estimation only.

For collection/deposition of penalties so imposed the department may issue Money Receipts to the concerned Mining Inspector/Mineral Development Officer/Assistant Director who after realizing penalty through Money Receipts shall deposit it in State Exchequer.

(3)     Whoever removes minor mineral without valid lease/permit or on whose behalf such removal is made otherwise than in accordance with these Rules he be an agent, Manager, contractor or a sub-lessee, shall be presumed to be a party to the illegal removal of the minor mineral and shall be liable to pay the price thereof and the Government may also recover from such person rent, royalty or taxes as the case may be, for the period during which the land was occupied by such person without any lawful authority without prejudice to other action being taken against him under these Rules or any other law for the time being in Force.

Rule - 57. Seigniorage Fee from Government Projects.

(1)     All the Government Departments, particularly Works Departments using any minor mineral for their schemes or projects, shall deduct a Seigniorage Fee from their suppliers or works contractors of such minor minerals.

(2)     Such Seigniorage Fee shall be at a flat rate of 10(ten) percent of the mineral value involved in the estimate and shall be deducted by the Works Department from their supplier/works contractors and deposited with the Mining Officer of the district.

Provided that the State Government may increase or decrease the Seigniorage Fee from time to time.

Rule - 58. Sale price of Minor Minerals.

The sale price of minor minerals to the end user or the public shall be decided by the market forces.

CHAPTER XV DETECTION, INVESTIGATION AND TRIAL OF OFFENCES.

Rule - 59. Power to enter, inspect, search and seize.

(1)     For the purpose of ascertaining the position of the working, actual or prospective of any mine or abandoned mine or for any other purpose connected with these rules, any of the following Officers namely:

(a)      The Mines Commissioner, the Director Mines; or

(b)      The Collector or any other officer authorised by the Collector

(c)      Additional Director, Deputy Director, Assistant Director, Mineral Development Officer and Mining Inspectors; may,

(i)       enter and inspect any mine;

(ii)      survey and take measurements in any such mine;

(iii)     weigh, measure or take measurements of the stocks of mineral lying at any mine;

(iv)    examine any document, book, register or record in the possession or power of any person having the control of, or connected with, any mine and place, marks of identification thereon and take extracts from or make copies of such document, book, register or record;

(v)      order the production of any such document, book register as is referred in clause (iv);

(vi)    examine any person having the control of or connected with any mine;

(vii)   seize any document, sample, equipment, conveyance, animal, commodity, minor mineral, material, raw material or any other item of concern.

(2)     In case of such search and seizure, provisions of Section 100, of the Code of Criminal Procedure 1973 shall apply.

Rule - 60. Power to stop and check any carrier, transport or vessel.

(1)     Any of the Officers mentioned in Rule 59 may stop any carrier, vehicle or vessel carrying minor minerals, to check for verification of the contents.

(2)     In case such Officer prima facie finds that the load of the carrier, vehicle or vessel, is more than the permitted quantity and/or challan, he may require the driver of the carrier, vehicle, vessel, to take such carrier, vehicle, vessel to the nearest weighbridge and get the contents weighed at the expense of the driver or the owner of such vehicle/carrier/vessel.

(3)     If any person who refuses to obey the lawful command of such Mining Officer shall be prosecuted under these Rules.

Rule - 61. Offences cognizable upon written complaints.

No court inferior to that of a Magistrate of the First Class shall try any offence punishable under these rules and no court shall take cognizance of any offence under these rules, except upon a written complaint made in writing by the Competent Officer or Dy. Director of Mines or Additional Director of Mines or Director of Mines or any other officer empowered by the Government.

Rule - 62. Compounding of Offence.

The competent officer may, with the approval of the Collector, compound a case instituted against any person, if instituted at his direction and complaint, on payment of such sum as may be determined payable for offence, to the credit of government.

Provided that where a case has been instituted by the Dy. Director of Mines or Additional Director of Mines or Director of Mines or any other officer empowered by the Government may, with approval of the Commissioner, compound a case instituted against any person.

Rule - 63. Reports of Searches and Seizures.

Every Mining Officer upon making any arrest, search or seizure shall submit a report to the Collector within twenty four hours.

Rule - 64. Special Courts.

(1)     In terms of power conferred under Section 30B of the Act, the State Government may, if consider necessary in the public interest, for the purposes of trial of all or any of the offences under this rule, either appoint or designate in every District of the State, Special Court(s) in consultation with the Chief Justice of the High Court.

(2)     The Special Court shall be presided over by a Special Judge who is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure 1973 (Act 2 of 1974).

(3)     The trial under this Act of any offence by the Special Court shall have precedence over the trial of any other case against the accused in any other Court (not being a Special Court) and shall be concluded in preference to the trial of such other case.

Rule - 65. Power to transfer cases to Regular Courts.

Where, after taking cognizance of any offence in these rules, a Special Court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any Court having jurisdiction under the Code of Criminal Procedure, 1973 (Act 2 of 1974) and the Court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence.

Rule - 66. Appeal.

Any person aggrieved by any order of the Special Court may, within sixty days from the date of order, prefer an appeal in the High Court.

CHAPTER XVI APPEALS AND REVISION

Rule - 67. Appeals.

(1)     All final orders passed by Mining Officer shall be appealable to the Collector within sixty days from the date of the order.

(2)     All final orders passed by the Collector shall be appealable to the Mines Commissioner within sixty days from the date of the order.

(3)     All appeals shall be disposed of within three months from the date of the filing. All appeals in the rule shall be in Form "L".

Rule - 68. Revision.

(1)     The Mines Commissioner, at any time for reason to be recorded in writing, may on his own motion, and where any person aggrieved by any order passed by the Collector under these rules files an application within 60 days from the date of communication of the order, and within 75 days from the date on which an application is deemed to have been refused by the Collector, if no communication is made of such refusal, shall start a proceeding for revision of the order:

Provided that an application for revision may be entertained even after the time specified as above if the applicant satisfies the Mines Commissioner that he had sufficient cause for not making the application within time.

(2)     On receipt of the application and copies thereof under sub-rule (1), the Commissioner shall send a copy of the application, and where proceeding is started by him on his own motion, under sub-rule (1) he shall send notices of starting the proceeding and reasons thereof to each of the parties impleaded specifying a date on or before which he may make representation, if any, against the revision application.

(3)     After considering the records referred to in sub-rule (2) the Mines Commissioner may confirm, modify or set aside the order or pass such other order in relation thereto as the Mines Commissioner may deem just and proper and his order shall be final.

(4)     Pending the final disposal of an application for revision, the Mines Commissioner may, for sufficient cause, stay the execution of the order against which any revision application has been made.

CHAPTER XVII ENFORCEMENT

Rule - 69. State Level Mining Task Force.

(1)     There shall be constituted a State Level Mining Task Force as under:-

(a)      Chief Secretary -Chairman

(b)      Development Commissioner - Member

(c)      Principal Secretary Home - Member

(d)      DG Police - Member

(e)      Principal Secretary, Environment and Forest - Member

(f)       Principal Secretary, Revenue and Land Reforms -Member

(g)      Principal Secretary, Industries - Member

(h)     Principal Secretary, Road Construction Department - Member

(i)       Principal Secretary, Building Construction Department - Member

(j)       Principal Secretary, Rural Works Department - Member

(k)      Principal Secretary, PHED - Member

(l)       Principal Secretary Commercial Taxes Department - Member

(m)    Chairman State Pollution Control Board - Member

(n)     Principal Secretary, Mines and Geology Department - Member

(o)      Director Mines - Member Secretary

(2)     The Chief Secretary may co-opt or invite any other officer or expert to attend and contribute in the meeting of the State Level Mining Task Force. Half of the Members present shall constitute the quorum.

Rule - 70. Monitoring Committee.

The State Level Mining Task Force shall constitute a Monitoring Committee headed by the Principal Secretary of the Department of Mines and Geology with such members as it may deem fit. The Monitoring Committee shall ensure the compliance of the directions of the State Level Mining Task Force.

Rule - 71. Function of State Level Mining Task Force.

The State Level Mining Task Force shall insure implementation of these Rules and shall monitor the excavation, trade and availability of minor minerals in the State. In addition to the above, it shall also

(1)     Provide guidance to the Department for achieving the objective of the Act and these Rules

(2)     Frame policies and guidelines essential to implement these Rules

(3)     Issue direction to any other Department to undertake such action as essential to achieve the objective of the Act and these Rules.

(4)     Shall ensure that the mining activity is undertaken as per the environmental safeguards laid down by the Ministry of Environment Forest and Climate Change.

Rule - 72. Divisional Level Mining Task Force.

(1)     There shall be constituted a Divisional Level Mining Task Force as under :-

(a)      Divisional Commissioner - Chairman

(b)      Divisional Commissioners of the Bordering Divisions -Co-Chairmen

(c)      DIG Police of the Division.

(d)      DIG Police of the Bordering Divisions

(e)      The Conservator of Forest

(f)       All Collectors of the Division

(g)      All SPs of the Division

(h)     All DFOs of the Division

(i)       All Mining Officers of the Division

(j)       Secretary to the Divisional Commissioner-Member Secretary

(2)     Additionally, the Divisional Commissioner may co-opt such additional members as he may deem fit. The Divisional Commissioner may also invite the Collectors and the SPs of the districts who share boundaries with the Division.

(3)     Half of the Members present shall constitute the quorum.

(4)     It shall meet once in a month.

Rule - 73. Function of the Divisional Level Mining Task Force.

The Divisional Level Mining Task Force shall insure implementation of these rules and shall monitor the excavation, trade and availability of minor minerals in the Division. In addition to the above, it shall also -

(1)     Ensure the inter-district coordination between the districts of the Division and the bordering districts of Division.

(2)     Prepare and launch coordinated action plan to check illegal mining and illegal transportation of minor minerals across districts and districts outside the Division.

Rule - 74. District Level Mining Task Force.

(1)     There shall be a constituted a District Level Mining Task Force as under:

(a)      Collector- Chairman

(b)      Superintendent of Police

(c)      All Sub Divisional Officers

(d)      All Sub Divisional Police Officers

(e)      Divisional Forest Officer

(f)       Executive Engineer, RCD, BCD, PHED and Rural Works Department

(g)      District Transport Officer

(h)     District Mining Officer - Member Secretary

(2)     The Collector may co-opt or invite any other Officer or expert to attend and contribute in the meeting of the District Level Mining Task Force.

(3)     Half of the Members present shall constitute the quorum.

(4)     It shall necessarily meet once a month and at earlier frequencies as directed by the Department.

Rule - 75. Function of the District Level Mining Task Force.

The District Level Mining Task Force shall insure implementation of these rules and shall monitor the excavation, trade and availability of minor minerals in the district. In addition to the above, it shall also

(1)     ensure that all the mining activity is carried on as per the condition of the mining lease.

(2)     ensure that no illegal mining, illegal transportation, over loading, hoarding and black marketing of minor mineral is carried on.

(3)     all the retail business of minor minerals are carried out as per the provision in these rules.

(4)     issue direction to any other Department to undertake such action as essential to achieve the objective of the Act and these Rules.

(5)     Shall ensure that the mining activity is undertaken as per the environmental safeguard laid down by the Ministry of Environment Forest and Climate Change.

CHAPTER XVIII EXEMPTIONS

Rule - 76. Power of State Government to exempt minor minerals from the provisions of these Rules.

The State Government may, by notification, either wholly or partially, and subject to such conditions (if any) as it may think fit to prescribe, exempt any minor mineral from all or any of the provisions of these rules, either throughout the State or any specified area of the State, for any specified period or occasion or for any specified class of persons and for such purposes.

Rule - 77. Power of Government to relax the operation of any provision of these Rules.

(1)     State Government may, relax the operation of one or more of the provisions of these Rules if, in the opinion of the Government, such relaxation is necessary in public interest.

(2)     Notwithstanding anything contained in these rules, the State Government, in such case as it deems proper in public interest, may grant a mining lease/mining settlement and may also authorize the grant of a quarrying permit or movement permit to any person on terms and conditions other than those prescribed in these rules for reasons to be recorded in writing:

Provided that the State Government may grant a mining lease/settlement/in any area under its jurisdiction to any Government Department or State owned Corporation on terms and conditions other than those prescribed in these Rules.

Rule - 78. Mining Lease etc to any Works Department.

(1)     Notwithstanding anything contained in these rules, the State Government may grant license/lease to any Works Department for any particular project in a specific number of districts for specific period of time.

(2)     The said Works Department shall have to pay the due royalty and such other fee as applicable under these rules.

CHAPTER XIX MISCELLANEOUS

Rule - 79. Power to rectify apparent errors.

Any clerical or arithmetical mistake in any order passed by the Government or any other authority or Officer under these rules and any error arising therein from accidental slip or omissions, may within two years from the date of the order, be corrected by the Government authority or the Officer, as the case may be:

Provided that no order prejudicial to any person shall be passed unless he has been given a reasonable opportunity of being heard.

Rule - 80. Submission of copy of lease.

Every person holding a mining lease or sub-lease from a private person or before the commencement of these rules, shall submit to the Mining Officer in whose jurisdiction the area or areas covered by such lease or sub-lease is or are situated a certified or true copy of the lease or sub-lease.

Rule - 81. Interpretation of mining lease.

Every lease shall provide for submission by the lessee of any question of dispute regarding the lease or any other matter or thing, construction of a term or condition in the lease or anything connected with the mining of minor minerals specified in the lease, or the working or non- working of the mine or the quarry, and the amount of royalty or dead rent or its mode of payment to the Mining Officer, for the decision of the Collector, which shall be final and binding on the lessee.

Rule - 82. Mode of realization of rents, royalties and penalty.

The amounts of rent, royalty or penalty payable under these rules, shall be recoverable as a public demand under the Bihar Public Demands Recovery Act, 1914.

Rule - 83. Payment of compensation to owner of surface rights etc.

(1)     The holder of a mineral concession shall be liable to pay to the occupier of the surface of the land over which he holds the mineral concession, such annual compensation as may be determined by the Collector.

(2)     In case of agricultural land the amount of annual compensation shall be worked out on the basis of the average annual net income for the cultivation of similar land for the previous 3 years.

(3)     In case of non-agricultural land, the amount of annual compensation shall be worked out on the basis of average annual letting value of similar land for the previous three years;

(4)     The annual compensation referred to in sub-rule (1) shall be payable on or before such date as may be specified by the Collector.

Rule - 84. Power to issue directions.

(1)     The Department may, in the interest of systematic development of mineral deposits, conservation of minerals, scientific mining, sustainable development and protection of the environment, issue direction to the owner, agent or manager of the mining lease/settlement.

(2)     Every direction issued under sub-rule (1) shall be complied by the owner, agent or manager of the mining lease/settlement as the case may be, who in case of any difficulty in giving effect to any such direction, may apply for modification or rescinding of such direction and the officer so authorized by the Department in this regard, may either modify or rescind the direction or confirm the same.

Rule - 85. Officers to be Public Servants.

(1)     All Officers and persons empowered to exercise any powers or to perform any functions under the Act or these rules shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).

(2)     No suit shall lie in any Civil Court against the State Government or any Mining Officer for damages for any act done in good faith or ordered to be done in pursuance of the Act or these rules or of any other law for the time being in force relating to the Mining Revenue.

(3)     No Civil Court shall try any suit against the State Government in respect of anything done, or alleged to have been done, in pursuance of these rules, and except with the previous sanction of the State Government, no Magistrate shall take cognizance of any charge made against any Mining Officer under these rules or made against any other person under these rules.

Rule - 86. Protection of action taken in good faith.

No suit, Prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this rules.

Rule - 87. Orders to remain in Force.

Every Order, Notification, Rule or Regulation which was made under the Bihar Minor Mineral Concession Rules, 1972 (as amended from time to time), the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003, Bihar Minor Mineral Rules, 2017 or by the Mines Commissioner, the Collector, the Board Of Revenue or any other Mining Officer appointed under those Rules relating to the matter of Mining and which was in force immediately before the expiration thereof shall, in so far as such order or notification or rule or regulation is not inconsistent with the provisions of the Act and these rules, be deemed to continue in force and to have been made under the Act and these rules.

Rule - 88. Repeal and Savings.

(1)     The Bihar Minor Mineral Concession Rules, 1972 (as amended from time to time), the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 and Bihar Minor Mineral Rules, 2017 are hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the said rules shall be deemed to have been done or taken under the corresponding provisions of the Act and these rules.

(3)     All references in any provisions of the rules so repealed shall be construed as references to the corresponding provisions of these rules.

(4)     All proceedings (including proceedings by way of investigations) pending before any Officer, Authority or Court, immediately before the commencement of these rules shall, on such commencement, be deemed to be proceedings pending before it as per these rules and shall continue to be dealt with accordingly.

Rule - 89. Power to remove difficulty.

If any difficulty arises in giving effect to the provisions of these rules, the State Government may, by notification in the Official Gazette, make such provisions as it deems necessary or expedient for removing the difficulty.

Rule - 90. Laying of Rules.

These rules, as soon as they are promulgated, shall be laid before each house of the State Legislature.

 

Schedule I

[See Rule 2(x)]

 

Schedule II

[See Rule 51(1)(a) ]

Dead Rent

 

Schedule-III A

[See Rule 51(1)(b)]

Note.- (I) Notwithstanding anything contained repugnant Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 or otherwise, the settle shall pay extra Royalty for the excess quantity of extracted and dispatched stone more than the equivalent auction amount.

Note.- (II) The settle shall pay extra Royalty for the excess quantity of extracted and dispatched sand more than the equivalent auction amount.

Note.- (III) No royalty for non-commercial use of ordinary earth shall be levied.

 

Schedule III B

[See Rule 38 (1)]

In exercise of the powers conferred by Rule 38 (1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 and having regard to location, population, state of Civil Construction, state of Industrial Construction, state of Urbanisation and place of industrial growth in different areas of the State, the Governor of Bihar is pleased to reclassify such areas to determine the number of bricks per fixed kiln and Bangla Bhatta and consolidated amount of royalty to be paid thereon by brick kiln owner/brick earth remover per kiln per annum to the State Government for different areas as shown in the table below:-

TABLE

Note:- (I) "Urban area" means the areas within the local limits of Municipality or Municipal Corporation or Notified area Committee and also includes the area falling within 4 Kms. outside the boundary limits of such Municipal Corporation or Municipality or Notified area Committee as the case may be;

Note :- (II) No royalty shall be payable on brick/brick earth manufactured in Bangla Bhatta for non-commercial, Personal consumption.