Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003

{
    "id": 15386,
    "slug": "bihar-minerals-prevention-of-illegal-mining-transportation-and-storage-rules-2003",
    "title": "Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003",
    "short_title": "Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003",
    "act_number": "Published vide Notification G.S.R. No. 224/M., Bih",
    "act_year": 2003,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions",
            "chapter": null,
            "content": "(i) \"Act\" means Mines & Minerals (Development & Regulation) Act, 1957 (Act No. 67 of 1957).\n(ii) \"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 or cart.\n(iii) \"Competent Officer\" means Asst. Mining Officer/Distt. Mining Officer/ Geologist posted as Mining Officer in district and any other officer authorised by the State Government.\n(iv) \"Prescribed\" means prescribed by these Rules made under the Mines and Minerals (Development and Regulation) Act, 1957.\n(v) \"Transit pass\" means a Transit pass issued by the Competent Officer for lawful transportation of any raised or stocked mineral in accordance with the provision of the M.M. (D. and R) Act and Rules made thereunder, by a carrier.\n(vi) The expression \"Mineral\" , \"Mining lease\" , \"Prospecting licence\" , \"Mines\" , \"Quarry lease\" have the same meanings which are assigned to them in the Mines & Mineral (Development & Regulation) Act, 1957 and Rules made thereunder i.e. Mineral Concession Rules, 1960 and Bihar Minor Mineral Concession Rules, 1972.\n(vii) \"Form\" means a form set out in Schedule-I appended to these Rules.\n(viii) \"Scientific test\" means any test conducted for chemical or mineralogical analysis of minerals and assessment of its chemical & mineralogical constituents and properties for the purpose of scientific study without any commercial motive.\n(ix) \"Research work\" means any work done for beneficiation and upgradation of the mineral and for examining its suitability for utilisation in the industry, for the purpose of scientific study without any commercial motive.\n(x) Terms not defined in these Rules will have the same meaning which are assigned to them under the Act or Rules framed thereunder.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Prohibition on Transportation.",
            "chapter": null,
            "content": "Chapter II",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Transport of Minerals.",
            "chapter": null,
            "content": "(ii) All despatches of minerals by a holder of a mining lease by a carrier, stockist license holder, rail wagons or aerial ropeway shall be accompanied with a challan or Transit pass in duplicate in Form \"B\". The person in-charge of the carrier shall produce the transit pass at the check post en route or on demand by an Competent Authority or such other officer authorised in this behalf:\n(iii) The holder of mining lease or quarry lease or any other holder of mineral under Mineral Concession Rules 1960 and Bihar Minor Mineral Concession Rules 1972 shall use transit passbook issued by the Competent Officer or any officer authorised by the State Government in this behalf at a prescribed cost as decided by the State Government. The Transit passes shall be in triplicate, machine numbered with Book No. and Serial No. of the pass obtainable at cost of prescribed rate. One copy of the transit pass shall be submitted along with monthly return prescribed under M.C. Rules 1960 and B.M.M.C. Rules 1972 before the Competent Officer.\n(iv) All carriers carrying mineral shall stop at the check posts/gates or anywhere before the checking authority and proceed after having been cleared by the check posts/check gates/checking authority. Authorities shall make necessary endorsement on the triplicate copy held by the in-charge of the carrier.\n(v) Every holder of mining lease shall provide all reasonable facilities to competent officer or checking authority authorised in this behalf to inspect, verify and check the stocks and accounts of minerals and any other documents pertaining thereto.\n(vi) A transit pass issued by the Competent Officer and duly certified by him for inter-state movement shall be allowed by another States.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Jurisdiction of Officers.",
            "chapter": null,
            "content": "(i) The Secretary and any officer senior to the rank of Dy. Secretary of the Deptt., Director, Mines/Geology (In the whole of the State of Bihar).\n(ii) Collector or any officer authorised by him (Within their respective districts).\n(iii) Addl. Director, Mines/Geology (In their respective zones).\n(iv) Dy. Director, Mines/Geology (In their respective zones).\n(v) District Mining Officer/Asst. Mining Officer in their respective area.\n(vi) Mining Inspector in their respective area.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Establishment of check-posts and barriers and wieghment and inspection of minerals in transit.",
            "chapter": null,
            "content": "(b) The officer in-charge of the check-post or the barrier or Competent Officer or any other authorised officer shall give a receipt of such mineral and carrier seized by him to the person from whose possession or control it is seized.\n(c) The officer-in-charge of the check post or Competent Officer or authorised officer may direct the person in-charge of the carrier to carry the mineral to the nearest police station or check post or barrier:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Storage of major mineral and minor mineral beyond lease hold area.",
            "chapter": null,
            "content": "(a) The number of stone stockist licence for use of crusher shall be determined in inconsonance to the number of leases and its capacity of stone production of a particular area/district as well as capacity of crusher unit.\n(b) The number of the stone stockist licence for the use of crusher shall be determined by the State Government on the recommendation of the Collector.\n(c) The determined number of stone stockist licence for the use of crusher shall be notified in Official Gazette by the State Government.\n(d) Notwithstanding anything contained contrary to this Rule and in Bihar Minor Mineral Concession Rules, 1972, the grant of stone stockist licence shall be strictly on the basis of Public Auction/Tender to the highest bidder/Tenderer as notified by State Government. The State Government shall fix the minimum reserve deposit for the stone stockist licence with the recommendation of Collector. The reserve deposit shall be fixed with regard to district, location, population, state of civil construction,state of industrial construction, state of urbanisation and place of industrial growth in different area of the State:\n(e) The State Government may allot upto 20% of total number of stone stockist licence determined for a particular area/district to the nearby district in the interest of industrial development as well as mineral development with the recommendation by the Collector and Dy. Director of the Circle.\n(f) The Competent Officer with the approval of the Collector shall publish in a local newspaper widely read in the area with regard to number of stone stockist licences to be granted for use of crusher giving at least one month time for an application under Rule 7(i) (g) proviso of Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules 2003.\n(g) The application in prescribed Form \"Ca\" seeking a stone stockist licence for the use of crusher shall be accompanied in a prescribed manner to the Competent Officer:-\n(i) A non refundable treasury challan of Rs. 5000/- (five thousand).\n(ii) A character certificate issued by the concerned District Superintendent of Police with regard to the antecedent.\n(iii) No objection certificate from Pollution Control Board for establishment of crusher unit.\n(iv) A license under Bihar Factory Rules 1950 of The Factories Act 1948 or an affidavit stating that he will submit licence issued under Bihar Factory Rules, 1950 of the Factories Act, 1948 within two months after receiving the stockist licence.\n(h) Preference may be given to any person/persons in cluster of crushing machines within 8 kms. from the leasehold/mining areas.\n(i) The period of stone stockist licence for the use of crusher shall not be more than 20 years with following condition.\n(i) The auction bid/tender amount shall be deposited in yearly basis in equal installments within seven years. Each equal installment shall be deposited before 31st December.\n(ii) After payment of installment of auction bid/tender amount or agreed amount up to seven years, renewal of stone stockist licence for the use of crusher shall be made on the deposit of Rs. 5000/- every year up to thirteen years.\n(iii) The State Government shall issue a guideline from time to time in this regard.\n(j) Default in payment of any installment till prescribed date, a 24 percent simple interest shall be charged up to six month and after that action for cancellation of licence shall be taken.\n(k) Every stone stockist licence holder for the use of crusher shall maintain a register in Form 'G' of this Rule.\n(a) Every application for stockist licence shall be accompanied with a fee of Rs. 500/-.\n(b) Every such licence shall be valid for one calendar year.\n(c) Every such licence may be renewed on application which shall be accompanied by a fee of Rs. 100/-.\n(d) Every such licence holder shall maintain proper accounts of purchase and sale of all such minerals in a register in Form \"D\" which shall be produced before the Competent Officer or any other officer authorised by the State Government for inspection.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Penalties.",
            "chapter": null,
            "content": "(b) Any mineral along with carrier seized under sub-rule (4), (5a) and (5c) of Rule 6 shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-rule (5a) of this Rule 6 and shall be disposed of in accordance with the directions of such court.\n(c) The Competent Officer or any other authorised officer shall have power to seize the mineral along with tools, if any, who contravenes the provisions of sub Rule (1) and (2) of Rule 7.\n(d) Whoever contravenes the provisions of sub-rule (1) and (2) of Rule 7 shall be punished by the Competent Court with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand along with price of the mineral and royalty with other taxes or shall be liable to be confiscated by an order of the Court competent to take cognizance of the offence under sub rule (3) of this Rule 7 and shall be disposed of in accordance with the directions of such Court.\n(e) Notwithstanding anything contained in the Code of Criminal Procedure 1973, an offence under sub-rule (4), (5a) and (5c) of Rule 6 and Rule 7 shall be cognizable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Cognizance of offence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Exemption.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Relaxation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Revision.",
            "chapter": null,
            "content": "Form-'E'.\nForm-A\nForm-A\n[See Rule 4(1)]\nParticulars of Stock\nParticulars of Stock\nSl. No.\nNature of mineral\nName & address of lessee\nParticulars of lease area\nMeasurement of stack uptill now\nMineral to be dispatched-stone/ sand/ earth-brick\nQuantity tonne/ Sqr. mtrs.\nQuantity of mineral\nRemarks\n1\n2\n3\n4\n5\n6\n7\n8\n9\nSignature of lessee.\nForm-B\nForm-B\n[See Rule 4(2)]\nChallan or Transit pass\nChallan or Transit pass\nDeptt. of Mines & Geology\nGovernment of Bihar\nBook No.\nDistt.\nDate:\nTime:\nName & signature of the person issuing the pass with date\nName & signature of the carrier driver with date\nName & signature of the checking staff with date\nRemarks:-\nForm - C\nForm - C\n[See Rule 7 (1)\nStockist licence\nStockist licence\nDepartment of Mines & Geology,\nGovernment of Bihar\nSeal and signature of Competent Officer.\nForm -\"CA\"\nForm -\"CA\"\n[See Rule 7(1)]\nParticulars of Minerals for stock\nParticulars of Minerals for stock\nSl. No.\nName of mineral\nQuantity of mineral (In tonnes)\nQuality of mineral\nName and address of lessee to whom mineral\n purchased\nRemarks.\n1\n2\n3\n4\n5\n6\nSignature of applicant.\nForm -D\nForm -D\n[See Rule 7(2) (D)]\nRegister to be maintained by licence holder\nRegister to be maintained by licence holder\nDate\nOpening balance\nQty. extracted\nTotal\nNames of persons to whom sold/ dispatched\nNumber of challan issued\nTotal quantity sold or dispatched\nQty. in stock at the close of the day\nAmount of royalty\nRemarks\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nForm - E\nForm - E\nForm of Application for Revision\nForm of Application for Revision\n[See Rule 12(1)]\nPlace: Date :\nYours faithfully, Signature and designation of\n the applicant.\nForm - G\nForm - G\n[See Rule 7(1) (L)]\nRegister to be maintained by stone stockist licence holder\nRegister to be maintained by stone stockist licence holder\nDate\nOpening balance\nQty. of stone\nTotal\nNames of the persons to whom stone purchased\nNumber of challan issued\nTotal Qty. of stone sold/ dispatched\nQty. in stock at the close of the day\nAmount of royalty\nRemarks\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        }
    ],
    "metadata": {
        "Act ID": "bh444",
        "Act Number": "Published vide Notification G.S.R. No. 224/M., Bihar Gazette (Extraordinary) dated 29.1.2003",
        "Enactment Date": "",
        "Act Year": "2003",
        "Short Title": "Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}