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Bihar Minor Mineral Concession Rules, 1972
Bihar Minor Mineral Concession Rules, 1972
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Limitation of application of Rules.
Section 34. Prohibition of mining operation without permit or mining lease.
Section 45. Restriction on the grant of quarrying permit or mining lease.
Section 56. Maximum area for which mining lease be granted or renewed.
Section 67. Period for which mining lease be granted or renewed.
Section 78. Length and breadth of leased area.
Section 89. Application for grant of mining leases.
Section 910. Acknowledgement of application.
Section 1011. Disposal of application for mining lease.
Section 1112. Preferential right for obtaining mining lease.
Section 1213. Deposit of preliminary expenses.
Section 1314. Security deposit.
Section 1415. Survey of the area leased.
Section 1516. Register of applications.
Section 1617. Register of Mining Lease.
Section 1718. Inspection of Registers.
Section 1819. Refund of application fee.
Section 1920. Refusal of application for grant and renewal of mining lease.
Section 2021. Conditions.
Section 2122. Renewal of mining lease.
Section 2223. Transfer of lease.
Section 2324. Right to [surrender] lease.
Section 2425. Execution of lease.
Section 2527. Grant of quarrying permits in areas other than those in reserved or protected forests.
Section 2728. Application for quarrying permit.
Section 2829. Conditions on which the quarrying permit shall be granted.
Section 2930. Grant of quarrying permits in Reserved and Protected Forest areas.
Section 3031. Power to rectify apparent mistakes.
Section 3132. Submission of copy of lease.
Section 3234. Application of these Rules to all Renewals.
Section 3435. Interpretation of mining lease.
Section 3536. Relaxation of Rules in special cases.
Section 3637. Mode of realisation of rents, royalties and penalty.
Section 3738. Penalty for failure to furnish documents.
Section 3839. Penalty for filing wrong returns or maintaining-incorrect accounts or for failure to issue challan.
Section 3940. Penalty for unauthorised extraction and removal of minor minerals.
Section 4041. Offence cognizable upon written complaints.
Section 4142. Compounding of offence.
Section 4243. How the fees and deposit to be made.
Section 4344. Savings and repeal.
Section 4446. Orders on revision application.
Section 4647. Appeal.
Section 47
bihar-minor-mineral-concession-rules-1972.json
•
44 Sections
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Bihar
{
"id": 15389,
"slug": "bihar-minor-mineral-concession-rules-1972",
"title": "Bihar Minor Mineral Concession Rules, 1972",
"short_title": "Bihar Minor Mineral Concession Rules, 1972",
"act_number": "Published vide Notification No. B/N/109/72-4275 M,",
"act_year": 1972,
"act_type": "STATE",
"location": "Bihar",
"law_status": "unknown",
"enactment_date": null,
"description": "Bihar Minor Mineral Concession Rules, 1972",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(i) \"Collector\" means the Chief Officer incharge of the revenue administration of a district or any officer specially empowered by the State Government to perform the duties of a Collector under these Rules;\n(ii) \"Commissioner\" means the Commissioner of Mines and Geology, Bihar, or any other Officer authorised in this behalf by the State Government to perform the duties of Commissioner under these Rules;\n(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\n(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 Assistant [Director or Mineral Development Officer of the district or circle or Mines Inspector of the district or circle where Assistant Director or Mineral Development Officer has not been posted.] [x x x] ;\n(iv) \"Divisional Commissioner\" means the Commissioner of a Division appointed as such by the State Government;\n(v) \"Director of Mines\" means the Director of Mines appointed as such by the State Government;\n[(va) \"Additional Director of Mines\" means Additional Director of Mines appointed as such by the State Government;]\n(vi) \"Deputy Director of Mines\" means the Deputy Director of Mines appointed as such by the State Government;\n(vii) \"Form\" means a form set out in Schedule III appended to these Rules;\n(viii) \"Government\" means the State Government of Bihar;\n(ix) \"Local authority\" shall mean 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;\n(x) \"Minerals\" means minor minerals as defined in clause (e) of Section 3 of the Mines and Minerals (Regulation and Development) Act, 1957;\n(xi) \"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;\n(xii) \"Quarrying Permit\" means a permit granted under Chapter IV of these Rules to extract and remove any minor minerals in specified quantities from the specified areas;\n(xiii) \"Schedule\" means a Schedule appended to these Rules; and\n(xiv) Words and expression used but not defined in these Rules shall have the same meanings as are respectively assigned to them in the Mines and Minerals (Regulation and Development) Act, 1957.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Limitation of application of Rules.",
"chapter": null,
"content": "Rules 3(A-E) Omitted vide S. O. No. 1063 dated 16.10.1989.]\nChapter II\nGeneral restriction on undertaking Mining Operation",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Prohibition of mining operation without permit or mining lease.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Restriction on the grant of quarrying permit or mining lease.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Maximum area for which mining lease be granted or renewed.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Period for which mining lease be granted or renewed.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Length and breadth of leased area.",
"chapter": null,
"content": "Chapter III\nGrant of Mining Lease",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Application for grant of mining leases.",
"chapter": null,
"content": "[(a) A mining lease except of granite shall be granted by the Collector,]\n(b) Mining lease or prospecting licence of granite shall be granted by the State Govt.\n(i) filed Income-Tax returns up-to:date;\n(ii) paid the Income-Tax assessed on him; and\n(iii) paid the Income-Tax on the basis of self assessment as provided in the Income-Tax Act, 1961.\n(i) already holds under a mining lease;\n(ii) has applied for but has not been granted; and\n(iii) being applied for simultaneously.\"\n[9A.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Acknowledgement of application.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Disposal of application for mining lease.",
"chapter": null,
"content": "[11A.\nExplanation.\n[11B.\n[11C.\n(i) Usually work as labourers in the Panchayat or Panchayats in which such sand deposits occur;\n(ii) are residents of the Panchayat or Panchayats for which the Society is formed;\n(iii) do not own more than five acres of agricultural or homestead land:\n11D.\n11E.\n11F.\n(i)\nwithin 30 days of coming into possession\n-\n30%\n(ii)\nwithin 120 days of coming into possession\n-\n20%\n(iii)\nwithin 180 days of coming into possession remaining amount\n-\n50%",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Preferential right for obtaining mining lease.",
"chapter": null,
"content": "(a) The experience of the applicants in quarrying business;\n(b) Financial soundness and stability of the applicant;\n(c) The end use of the mineral by the applicant;\n(d) Any other matter which the Government may prescribe.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Deposit of preliminary expenses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Security deposit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Survey of the area leased.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Register of applications.",
"chapter": null,
"content": "(a) Name of the applicant;\n(b) Address of the applicant\n(c) Particulars of the challan with which application fee is paid;\n(d) Particulars of the lands applied for and its area;\n(e) Mineral or Minerals which the applicant desires to extract;\n(f) Period for which the lease is required;\n(g) Action taken on the application and the date of orders.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Register of Mining Lease.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Inspection of Registers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Refund of application fee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Refusal of application for grant and renewal of mining lease.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Conditions.",
"chapter": null,
"content": "(a) The time limit, mode and place of payment of rents and royalties;\n[(b) The lessee shall pay to the occupier of the surface of the land such compensation as may become payable under these Rules.]\n[(c) The lessee shall take such measures for planing 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 reason of any mining operation or to the extent possible, the restoration of flora and other vegetation destroyed by such operation.]\n(d) The restriction of surface operations in any area prohibited by any authority;\n(e) The notice by lessee for surface occupation;\n(f) The provision of proper weighing machines;\n(g) The facilities to be given by the lessee for working other minerals in the leased area or adjacent area;\n(h) The earning and working in a reserved or protected forest;\n(i) The reporting of accidents;\n(j) The securing of pits and shafts;\n(k) The indemnity to Government against claims of third party;\n(l) The delivery of possession of lands and mines on the surrender, expiration or determination of the lease;\n(m) The forfeiture of property left after determination of the lease;\n(n) The power to take possession of plant, machinery, premises and mines in the event of war or emergency.\n[(o) 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.]",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Renewal of mining lease.",
"chapter": null,
"content": "(a) A fee of Rs. [2000/-]\n[(b) A valid clearance certificate of payment of royalty, dead rent, surface rent and cess upto the end of last financial year [in respect of all the mineral concessions held in the State of Bihar] , to which the application for renewal of a mining lease relates.]\n(c) If an application for the renewal of a mining lease made within the time referred to in sub-rule (1) is not disposed of by Collector before the date of expiry of the lease, the period of that lease shall be deemed to have been extended by a further period of 90 days or ending with the date of receipt of the orders of the Collector thereon, whichever is shorter.\n(d) If any application is not disposed of even within the extended period specified in sub-rule (2) (c) it shall be deemed to have been refused.\n[(e) Where an application for renewal of a mining lease is not accompanied by the papers specified in sub-rules (1) and (2), it shall be rejected straightway by the Competent Officer within 15 days from the date of its receipts.]\n[(f) Every application for the grant or renewal of mining lease shall be accompanied by an affidavit showing that he has-\n(i) filed uptodate Income-Tax returns;\n(ii) paid the Income-Tax assessed on him; and\n(iii) paid the Income-Tax on the basis of self assessment as provided in the Income-tax Act, 1961.\n(g) Every application for grant or renewal of mining lease shall be accompanied by an affidavit showing-\n(i) already holds under a mining lease;\n(ii) has applied for but has not been granted a mining lease; and\n(iii) being applied for simultaneously.]\n[22A.\nExplanation I.\nExplanation II.",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Transfer of lease.",
"chapter": null,
"content": "(a) assign, sub-let, mortgage, or in any manner, transfer the mining lease, or any right, title, or interest therein including raising rights, or\n(b) enter into or make any arrangement, contract or understanding including giving of raising contract whereby the lessee will or may be directly or indirectly financed to substantial extent by, or under which the lessee's operations or undertakings, will or may be substantially controlled by, any person or body of persons other than the lessee.\n[23A. Application for the transfer of mining lease.\n[23B.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Right to [surrender] lease.",
"chapter": null,
"content": "Explanation.",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Execution of lease.",
"chapter": null,
"content": "[25A.\n[26. Rent/royalty and assessment.\n[(a) Dead rent shall be charged at the rates specified in Schedule I;\n(b) Royalty shall be charged at the rates specified in Schedule II; and\n(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.]\n[26A. Consolidation of royalty on brick earth.\nExplanation.\n(i) Business means and includes laying, burning or selling of bricks by brick earth remover/brick kiln owner and such other activities as are associated with manufacturing of bricks.\n(ii) 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.\n(iii) For the purpose of this Rule brick kiln owner means a person who owns the brick kiln or on whose behalf bricks are manufactured in that kiln and includes manager, agent and lessee of such person.]\nChapter IV",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "27",
"title": "27. Grant of quarrying permits in areas other than those in reserved or protected forests.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "28",
"title": "28. Application for quarrying permit.",
"chapter": null,
"content": "[28A. Disposal of application for quarrying permit.",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "29",
"title": "29. Conditions on which the quarrying permit shall be granted.",
"chapter": null,
"content": "(a) Time limit, mode and place of payment of rents and royalties;\n(b) Compensation for damage to the land covered by permit;\n(c) Felling of trees in consultation with Divisional Forest Officers in case of forest areas and in consultation with the Additional Collector in other areas;\n(d) Restriction on surface operation in any area prohibited by any authority;\n(e) Reporting of accidents;\n(f) Indemnity to Government against claims of third parties;\n(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;\n(h) Forfeiture of property left after cancellation of the permit; and\n[(i) Disposal of minerals in stock at site after expiry of the permit.]",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "30",
"title": "30. Grant of quarrying permits in Reserved and Protected Forest areas.",
"chapter": null,
"content": "Chapter V",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "31",
"title": "31. Power to rectify apparent mistakes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "32",
"title": "32. Submission of copy of lease.",
"chapter": null,
"content": "[32A. Availability of the areas for re-grant to be signified by an entry in register for mining lease.\n[32B.\n(a) no notification has been issued under Rule 32.A, or\n(b) if any such notification has been issued the period specified in the notification has not expired:\n33. [Challans, Registers, Returns and Signboard.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "34",
"title": "34. Application of these Rules to all Renewals.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "35",
"title": "35. Interpretation of mining lease.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": true,
"sort_order": 32
},
{
"number": "36",
"title": "36. Relaxation of Rules in special cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "37",
"title": "37. Mode of realisation of rents, royalties and penalty.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "38",
"title": "38. Penalty for failure to furnish documents.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "39",
"title": "39. Penalty for filing wrong returns or maintaining-incorrect accounts or for failure to issue challan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "40",
"title": "40. Penalty for unauthorised extraction and removal of minor minerals.",
"chapter": null,
"content": "Explanation.\n(i) \"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.\n(ii) \"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.]",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "41",
"title": "41. Offence cognizable upon written complaints.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "42",
"title": "42. Compounding of offence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "43",
"title": "43. How the fees and deposit to be made.",
"chapter": null,
"content": "[43A.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "44",
"title": "44. Savings and repeal.",
"chapter": null,
"content": "Chapter VI\nAppeal and Revision\n[45. Application for revision.\n(b) [xxxx]\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "46",
"title": "46. Orders on revision application.",
"chapter": null,
"content": "[46A.",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "47",
"title": "47. Appeal.",
"chapter": null,
"content": "[48. Modality for fixation of price of minerals.\n(a) The cost of production;\n(b) Handling charges;\n(c) Transport cost,\n(d) Royalty, Sales Tax and other taxes and cesses;\n(e) Margin of profit;\n(f) Any other local condition.\n[49.\n[(a) Every such licence shall be valid for one calender year;\n(b) Every such licence may, be renewed on application which shall be accompanied by a fee of [Rs. 1000 (One thousand Rupees)]\n[Chapter VII]\n[50. Payment of compensation to owner of surface rights etc.\n[51. Assessment of compensation for damage.\n[52.\n(a) Toposheet No. extent of the area and boundaries.\n(b) Name of village, Circle, Plot No. Khata No. etc.\n(c) The period of quarrying lease.\n(ii) Date of auction shall be notified before period of one month from the date of auction.\n(i) Clearance Certificate in respect of mining dues, such as royalty or dead rent and surface rent as obtained from Competent Officer.\n(ii) Every application shall be accompanied by an affidavit stating that the applicant has:-\n(a) Filed up-to date Income Tax return.\n(b) Paid the Income Tax assessed on his total income.\n(iii) Deposited the amount equivalent to [10 (Ten) percent] of auction amount as security, which shall be adjusted with the last instalment of auction amount if the mining lease holder is not otherwise defaulter in payment. In case of unsuccessful bidder the security deposit shall be refunded by the Collector within two months after the grant of quarry lease.\n(a) When they have not participated in any Public auction.\n(b) In case of Co-operative Societies, if they give written offer for more than 5 percent higher amount or minimum auction amount whichever is higher within 48 hours after Public auction.\n(c) In case of Public Undertaking of State or Central Government and local bodies, if they give written offer for more than 5 percent higher amount than the Co-operative Societies within 48 hours after Public auction, where Co-operative Societies do not give any written offer, in that case of Public Sector Undertaking of State or Central Govt, and local bodies give written offer for more than 10 percent higher amount than the highest bid amount or minimum auction whichever is higher within 48 hours after Public auction.\nExplanation.\n[53. Notwithstanding anything contained in the Bihar Minor Mineral Concession Rules, 1972 to the contrary.\nExplanation.\n[Schedule I]\n[See Rule 26(1) (a)]\nDead Rent\nDead Rent\nPeriod\nRate of dead Rent\n(1)\n(2)\nRate per year for entire period of lease\nRs. [18,000] per acre per year\n[Schedule II]\n[See Rule 26 (1) (b)]\nRoyalty\nRoyalty\nSl. No.\nName of Minerals\nRate per cubic metre (in Rupees)\n1\n2\n3\n1.\n(a) Boulder, Gravel, shingle\n63.30\n(b) Store settled by auction\nAuction amount in case of auction\n2.\n(a) Boulder, Gravel, Shingle which is used for making chips\n125.00\n(b) Stone settled by auction\nAuction amount in case of auction.\n[Provided that notwithstanding anything repugnant in these\n Rules or otherwise the settlee shall pay extra royalty for the\n quantity of stone extracted and dispatched in excess of the\n quantity equivalent to bid amount.]\n3.\n(a) Ordinary sand used for construction purpose\n32.00\n(b) Ordinary sand of settled ghat by auction\nAuction amount in case of auction\n4.\nBrick earth (equivalent to 400 standard bricks)\n8.00\n5.\nOrdinary clay/earth used for manufacturing of Ranigaj tiles\n commercial use or for filling or levelling purposes in\n construction of embankments, road, railways and buildings.\n15.00\n6.\nOrdinary clay which is used for commercial works.\n2.00\n7.\nLime shell, kanker and limestone used in kilns for\n manufacturing of lime used as building material and lime shell\n used for manufacture of bottoms.\n75.00\n8.\nMurram\n38.00\n9.\nChalcedoney pebbles used for ball mill purpose only.\n50.00\n10.\nQuartzite and sandstone when used for purposes of building or\n for making road metal and household utensils.\n50.00\n11.\nReh matti\n18.00\n12.\nSaltpetre\n20.00\n13.\nSlate and shell when used for building material.\n50.00\n14.\nFullers earth\n65.00\n15.\nStone used for making household utensils including grinding\n stone.\n25.00\n16.\nStone sets and stone bricks.\n50.00\n17.\nStone dust\n10 percent of sale price\n18.\nGranite (In case of use for decorating stone per hundred)\n(i) Block more than 60 c.m.\n375.00\n(ii) Block less than 60 c.m.\n188.00\n19.\nAll other minerals\n25 (Twenty five) per centum of sale price.\nNote:- In respect of minerals mentioned in SI. No. 1 and 2 the rate of royalty shell be applicable for the area notified by the Department. Schedule III Form A [See Rule 9 (2)] Form of application for Mining Lease for Minor Minerals Dated.......day of.......19 To\nNote:-\nSchedule III\nForm A\nForm A\n[See Rule 9 (2)]\nForm of application for Mining Lease for Minor Minerals\nForm of application for Mining Lease for Minor Minerals\nDated.......day of.......19\nReceived....................... on................................. (dated) ...................................... (Initial)\nParticulars\n(i) District, (ii) Revenue thana, (iii) Village/Mouza, (iv) J.L. no., (v) Plot nos., (vi) Total area.\n: Mineral\n...\nArea\n: Taluk\n...\nDistrict\n(a) already holds a lease (s);\n(b) has already applied for but not been granted a lease; or\n(c) has applied simultaneously.\n( Note. - The fee to be paid to the credit of the State Government under the head)\nNote.\nYours faithfully.\nSignature and designation of the Applicant\nNote -In case of an application for mining lease for a period not exceeding one year, information under 13,14,15 and 16 need not be given.\nNote\nForm AA\nForm AA\n[See Rule 22 (1)]\nForm of application for renewal of Mining Lease for Minor Minerals\nForm of application for renewal of Mining Lease for Minor Minerals\nDated day of 20\nReceived on Initial\n(1) Name of the applicant.\n(2) Nationality of the applicant.\n(3) Place of registration of incorporation of firm or Company.\n(4) Profession of applicant, nature of business or firm or Company and place of business.\n(5) Address of applicant firm or Company.\n(6) Mineral or minerals which the applicant intends to mine.\n(7) Period for which the renewal is required.\n(8) Details of the area in respect of which renewal is required-\n(i) District.\n(ii) Thana\n(iii) Village\n(iv) Plot nos.\n(v) Total area.\n(9) Whether renewal is applied for the whole or part of the leasehold area.\n(10) Particulars of the map of the lease-hold with area applied for renewal clearly marked on it (attached).\n(11) Means by which minerals are to be raised, i.e., by hand labour or mechanical or electrical power.\n(12) Manner in which the mineral raised is to be utilised.\n(13) Manner and details of payment of the application fee prescribed in these rules.\n(14) Any other particulars which applicant wishes to furnish.\nYours faithfully.\nSignature and designation of the Applicant.\nForm B\nForm B\n[See Rule 10]\nForm of acknowledgement of application for Mining Lease for Minor Minerals\nForm of acknowledgement of application for Mining Lease for Minor Minerals\nOffice of\nSignature and designation of Receiving Officer\nForm C\nForm C\n[See Rule 17]\nRegister of Mining Lease\nRegister of Mining Lease\n(a) (i) Serial number\n(ii) Name of the lessee and his address.\n(iii) Particulars and area of the land in respect of which the lease had been granted and the period of the lease.\n(iv) Date on which the lease is granted.\n(v) Date on which formal lease is executed.\n(vi) Rates of royalty, surface rent and dead rent and any other rents payable.\n(vii) Mineral or minerals for which the lease is valid.\n(viii) Amount of security deposit paid with challan no. and date.\n(ix) Date of assignment of transfer of the lease, if any, fee paid thereof and the names of the parties thereto.\n(x) Date of assignment of transfer of the lease, if any, fee paid thereof and the names of the parties thereto.\n(x) Date of expiry or relinquishment.\n(xi) Date from which the area is available for re-grant.\n(xii) Details of challan and date showing payment of preliminary expenses.\n(b) (i) Date of renewal.\n(ii) Period of renewal.\n(iii) Total area under renewal.\n(iv) Rate of surface rent.\n(v) Rate of royalty.\n(vi) Mineral or minerals for which renewed lease is valid.\n(vii) Rate of dead rent.\n(viii) Amount of security deposit paid.\n(ix) Date of assignment of transfer of the lease, if any, fee paid therefor and the names of the parties thereto.\n(c) (i) Date of expiry or relinquishment or cancellation, whether all dues have been paid.\n(ii) In case of expiry or relinquishment of cancellation, whether all dues have been paid.\n(iii) The date from which the area is available for regrant.\nForm D\nForm D\n(See Rule 21)\nModel Form of mining lease for minor minerals\nModel Form of mining lease for minor minerals\n(1)\nWhen the lessee is an individual\n(1)................................... (name of person): son\n of address and occupation) hereinafter referred to as \"the\n lessee, (which expression shall, where the context so admits, be\n deemed to include his heirs, executors, administrators,\n representatives and permitted assigns (1) and\n(2)\nWhen the lessees are more than one individual.\n(2)......................... (name of person)\n of.....................of................. occupation............\n (name of person) of........ (address and occupation) hereinafter\n referred to as the \"Lessees\" (which expression shall,\n where the context so admits, be deemed to include their\n respective heirs, executors, administrators, representatives and\n their permitted assigns (2) and\n(3)\nWhen the lessee is a registered firm or syndicate.\n(3)........................ (name of persons) of..............\n (address) and ................ (name of persons) of............\n (address) all carrying on business in co-partnership\n at................... address of the firm or syndicate) under the\n name, and style of or syndicate, name of the firm registered\n under the Partnership Act hereinafter referred to as the\n \"lessees\" (which expression shall, when the context so\n admits be deemed to include all the partners, or the said firm,\n their representatives, heirs, executors, administrators, and\n permitted assigns), and (3) and\n(3)\nWhen the lessee is registered company.\n(4).................. (name of company) a company REGISTERED\n under.................. (Act under which incorporated) and having\n its registered office at.............. (address (hereinafter\n referred to as the \"Lessees\" which expression shall,\n where the context so admits be deemed to include its successors\n and permitted assigns) (4) of, the other Part.\nPart I\nThe Area of This Lease\nThe Area of This Lease\n(hereinafter referred to as \"the said lands\")\nPart II\nLiberties, Powers And Privileges to be Exercised and Enjoyed by the Lessee/ Lessees Subject to the Restrictions and Conditions In part III\nLiberties, Powers And Privileges to be Exercised and Enjoyed by the Lessee/ Lessees Subject to the Restrictions and Conditions In part III\nPart III\nRestrictions and Conditions as to the Exercise of the Liberties, Powers and Privileges in Part II\nRestrictions and Conditions as to the Exercise of the Liberties, Powers and Privileges in Part II\nExplanation.\n(a) heights and widths of trenches in quarries are properly maintained to facilitate easy removal of the minerals and the work;\n(b) the working faces are always kept clear and\n(c) the minor minerals won are stacked in suitable dimensions and each stack is numbered.\nNote. - This clause should be omitted if there is no forest reserved or otherwise.\nNote.\nPart IV\nLiberties, Powers and Privileges Reserved to the State Government\nLiberties, Powers and Privileges Reserved to the State Government\nPart V\nRent and Royalties Reserved by this Lease\nRent and Royalties Reserved by this Lease\nPart VI\nProvisions Relating to the Rents and Royalties\nProvisions Relating to the Rents and Royalties\nPart VII\nThe Covenants of the Lessee/Lessees\nThe Covenants of the Lessee/Lessees\n( Note: -Modify according to existing circumstances.)\nNote:\n(b) If the lessee/lessees intends/intend to work such newly discovered mineral or minerals he/they/it shall within three months of making such report as is mentioned in sub-clause (a) of this clause intimate his/their/its intention to the Collector and apply for mining lease in respect thereto in accordance with the Rules regulating the grant of mining concessions for that mineral. But such mining lease shall not be claimed as a matter of right.\n(c) If the lessee/lessees intimates his/their/its intention not to work the newly discovered mineral or fails to intimate intention to work it within a period of three months then it shall be open to the Collector to grant a licence of lease for the working of the same to any other person.\n(1) Quantity and quality of the said mineral/minerals reaslised from the said lands.\n(2) Quantity of the various qualities of minerals benefits or converted for example limestone converted in to lime.\n(3) Quantities of the various qualities of the said mineral/minerals sold.\n(4) Quantities of the various qualities of the said mineral/minerals otherwise disposed of and the manner and purpose of such disposal.\n(5) the prices and all other particulars of all sales of said mineral/minerals.\n(6) The number of persons employed each day in the mines or works or upon the said lands specifying qualifications and pay of the technical personnel.\n(7) The stock of mineral/minerals undisposed.\n(8) The full particulars together with addresses of the party or parties to whom the mineral/minerals has/have been sold, the date of sale, the number of railway wagon together with the station from which despatched and in the case of despatches by trucks the names, address of owners of the trucks.\n(9) Such other facts, particulars and circumstances as the Collector may from time to time require and shall also furnish free of charge to such officers and at such time as the Collector may appoint true and correct abstracts of all or any such books of accounts and such information and returns to all or any of the matters aforesaid as the Collector shall in that behalf appoint to enter into and have free access to the said office for the purpose of examining and inspecting the said books of accounts and to make copies thereof and make extracts therefrom.\n(b) The price to be paid for all minerals or products of minerals taken in preemption by the Collector or the authority authorised by the Collector in this behalf in exercise of the right hereby conferred shall be the fair market price prevailing at the time of preemption :\n(c) The lessee/lessees agrees/agree notwithstanding anything to the contrary in the clause to supply such quantity of the mineral as may be required by any Government Department or local authorities to work within this district at a rate 5 per cent less than that of the local prevailing market rate.\nPart VIII\nThe covenants of the State Government\nThe covenants of the State Government\nPart IX\nGeneral provisions\nGeneral provisions\nNote. - The portion within brackets to be omitted if this clause has been omitted in Part III.\nNote.\nForm E\nForm E\n(See Rule 27)\nForm of Permit for Minor Minerals to be Issued under The Bihar Minor Minerals Concession Rules, [1972] .\nForm of Permit for Minor Minerals to be Issued under The Bihar Minor Minerals Concession Rules, [1972] .\nPermit no. of 20 Name and address of the permit-holder-\nName of locality village, plot number, etc.\nDate of expiry of permit.\nName and description of minor minerals.\nPurpose for which it will be used.\nNumber of quantity of materials\nRate of royalty.\nTotal amount paid\n1\n2\n3\n4\n5\n6\n7\nSeal\nCompetent Officer\nConditions.\nConditions.\nN.B.\nForm F\nForm F\n[See Rule 33(1)]\nForm of Challan for Transport of Minor Mineral.\nForm of Challan for Transport of Minor Mineral.\nDate........\nSignature of the lessee/permit-holder.\nForm G.\nForm G.\n[See Rule 33 (2)]\nRegister to be Maintained by the Lessee/Permit Holder.\nRegister to be Maintained by the Lessee/Permit Holder.\nDate\nOpening balance.\nQuantity extracted\nTotal\nName of persons to whom sold / despatched\nNumber of challan issued\nTotal quantity sold or despatched\nQuantity in stock at the close of the day\nAmount of royalty\nRemarks\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nForm H\nForm H\n[See Rule 33 (3)\nForm of Monthly Return for minor Minerals for the Month of 20\nForm of Monthly Return for minor Minerals for the Month of 20\n(i) Name and address of the lesseee/permit-holder.\n(ii) Details of quarry lease/permit.\n(iii) Area.......\n(iv) Mineral\nStock of mineral at the beginning of the month\nQuantity extracted or manufactured during the\n month.\nTotal\nQuantity\nSold locally\nDespatched by rail\nDespatched by truck.\nDespatched by other means.\nTotal despatched.\n1\n2\n3\n4\n5\n6\n7\n8\nRate of royalty.\nAmount of royalty.\nNumber of challan issued during the month copies\n of which are to be attached with the return.\nBalance at the end of the month\nRemarks\n9\n10\n11\n12\n13\nSignature of lessee/permit-holder.\nForm I\nForm I\n[See Rules 28 (1) and 30 (2)]\nForm of Application for Quarrying Permit\nForm of Application for Quarrying Permit\nNo..........\n(i) Clearance certificate for payment of mining dues to be attached.\n(ii) Written consent of the raiyats from which mineral is to be extracted if the land from which minor mineral is to be extracted are raiyati lands.\n(iii) Mineral which the applicant intends to quarry.\n(iv) The details of the lands from which the minerals is to be quarried.\n(v) Quantity of minor mineral to be extracted.\n(vi) Period during which the minor mineral will be quarried.\nYours faithfully.\nSignature and designation of the Applicant\n[Form J]\n[Form J]\nReceived To be submitted in duplicate.\nGovernment of Bihar\nGovernment of Bihar\nApplication for Certificate of Approval\nApplication for Certificate of Approval\n[See Rule 3 (A) (2)]\nDated\nDay of 20\n(i) Name of the applicant with complete address.\n(ii) Is the applicant a private individual private company/public company/firm or association.\n(iii) In case the applicant is :\n(a) an individual, his nationality,\n(b) a private company, the nationality of all members of the Company along with place of registration.\n(c) a public company, the nationality of directors, the percentage of share capital held by Indian Nationals alongwith place of incorporation.\n(d) a firm or association, the nationality of all the partners of the firm or members of the association.\n(iv) Does the applicant hold a certificate of approval or has even held a certificate of approval for the State or any other State? If so, give full particulars of such certificate(s).\n(v) Does the applicant hold any quarry or permit in the State or any other State? If so, give 'their particulars.\n(vi) Any other details which the applicant wishes to furnish.\nYours Faithfully\nSignature and designation of the applicant,\n[Form J-1]\n[Form J-1]\nTo be submitted in duplicate\nGovernment of Bihar\nGovernment of Bihar\nApplication For Renewal of Certificate of Approval\nApplication For Renewal of Certificate of Approval\n[See Rule 3 (A) (3)]\nDated.........day of...........20\n(i) Name of the applicant with complete address.\n(ii) Is the applicant a private individual/private company/public company/Firm or association?\n(iii) In case applicant is :-\n(a) an individual, his nationality\n(b) a private company alongwith place of registration.\n(c) a public company, the nationality of directors, the percentage of share capital held by Indian National alongwith place of incorporation.\n(d) a firm or association, the nationality of all the partners of the firm or members of the association.\n(iv) Particulars of the Certificate of Approval of which renewal is desired.\n(v) Reasons in detail for asking for renewal of Certificate of Approval.\n(vi) Any other details which the application wishes to furnish.\nYours faithfully\nSignature and designation of the applicant\nForm K\nForm K\n[x x x x x]\n[x x x x x]\n[Licence in Form 'L']\n[Licence in Form 'L']\n[See Rule 33 (5)]\nSeal and Signature of Competent Officer.\n[Form - M]\n[Form - M]\n[See Rule 40 (10]\nAffidavit\nAffidavit\n(a) .......sand on...................(dates) which was purchased by me from (Full) address of a lessee/permit holder/other person).\n(b) ............Stone on (dates) which was purchased by me from........(full address of lessee/permit holder/other person)!\n(c) ..........mineral on which was purchased by me from... (full address of lessee/permit holder/other person_.\n(i) Name and address of the seller, if the seller is a lessee/permit holder the details of the mine from which the minerals so sold was extracted If the seller is not a permit holder/lessee then the name and address of other person from whom the seller has purchased............\n(ii) The quantity of the purchased mineral with dates.........\n[Form-'N']\n[Form-'N']\n[See Rule 40 (10)]\nSignature of Seller,\nDate\nModel Form 'O'\nModel Form 'O'\n[See Rule 11-B (2)]\nAgreement\nAgreement\nPart I\nPart II\nPart III\n(i) No working, winning, mining or removal of and shall be done from the Raiyati land without consent of the raiyats. The settlee/settlees shall pay compensation to the raiyats as fixed or directed by the Collector appointed under these Rules.\n(ii) The settlee/settlees will allow other settlee/settlees to transport the Minerals through his auction area.\n(iii) The settlee/settlees shall have no claim against the State Government for compensation or damages due to non-availability of Minerals or any hinderance caused in transportation.\nPart IV\nMode of Payment\nMode of Payment\n(i) The settlee/settlees whose bid money does not exceed Rs. ten thousand will pay in full the total amount before the agreement is made.\n(ii) The settlee/settlees whose bid money exceeds Rs. ten thousand but does not exceed Rs. fifty thousand will have to pay in two instalments-\n(a) The settlee/settlees shall have to deposit fifty percentum of the bid money by next working day of the auction;\n(b) The rest amount of bid money shall have to be deposited within six months from the date of auction by the settlee/settlees.\n(iii) In case of settlee/settlees whose bid money exceeds Rs. fifty thousand shall have to deposit in the following manner:-\n(a) Fifty per centum of the bid money shall be deposited by the next working day of auction held for the said area;\n(b) The rest amount shall be deposited in two equal instalments, the first instalment shall be deposited by 15th of April 20 and second by 15th July 20...........\n(iv) In case of failure in payments of instalments the settlee/settlees shall be liable to pay 15 per cent on the balance amount with effect from the date the instalment has become due.\n(v) Failure in payment of any instalments or breach of any of the clause may lead to cancellation of the auction without any notice and forfeiture of full or part of security money deposited by the settlee or settlees as the case may be.\nPart V\nObligations of settlee/settlees\nObligations of settlee/settlees\n(1) To allow inspection of working auction area;\n(2) To report accidents;\n(3) To keep record and accounts regarding production and despatch in prescribed proforma under the provisions of Bihar Minor Minerals Concession Rules, 1972;\n(4) To issue a transport challan in Form F under the provision laid down in Bihar Minor Minerals Concession Rules, 1972 to the carriers of Minerals by Trucks, Tractors, Boats and other mode of transportation;\n(5) To deposit any additional amount as desired by Collector;\n(6) To secure licence in Form L if the settlee or settlees stores sand elsewhere;\n(7) To allow the Competent Officer to take the possession of the auction area, the day the period of auction expires; failing which a penalty equal to the double the amount of the bid money on pro rata basis for the excess period shall be charged.\nPart VI\nRefund of security money\nRefund of security money\nPart VII\nPart VIII\nService of Notice\nNotifications\nNotifications\nS.O.262, dated 5th March, 1983, published in Bihar Gazette, Extraordinary No. 311, dated March 5,1983.\nAmendment\nAmendment\n(i) After Rule 2 (v) the following shall be inserted:-\n(v) (a) \"Additional Director of Mines\" means \"Additional Director of Mines appointed as such by the State Government.\"\n(ii) In Rule 33 (4), the words between \"the Competent Officer\" and \"or any other officer authorised by the Collector\" shall be omitted and in their place the following words shall be substituted:-\n(iii) In Rules 38 and 40 (7), the words between \"The Competent Officer\" and \"or Collector\" shall be omitted and in their place the following words shall be substituted:-\n(iv) Clauses (1) and (8) of Rule 40 shall be omitted and the following provision shall be substituted as clause (1):-\n\"(1) No minor mineral shall be removed from the lease hold area without payment of royalty and in case of removal of minor mineral from the lease hold area without payment of royalty, the holder of mining lease, his agent, manager, employee, contractor or sub-lessee shall be presumed to be parties to the illegal removal of the minor mineral and every such person shall be liable to pay royalty due and shall be punished with simple imprisonment for a term, which may extend to six months or with fine, which shall be less than three times of the royalty due, or with both.\"\n(v) Sub-rule (1) of Rule 45 shall be substituted by the following:-\n\"(1) (a) The Commissioner, at any time for reasons 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.\n(b) The application for revision as aforesaid shall be accompanied by a treasury receipt showing that a fee for Rupees 50 has been paid into the Government Treasury or in any branch of the State Bank of India doing treasury business to the credit of the State Government, under the head of account \"XXXII-C Miscellaneous Social and Developmental Organisation-Miscellaneous\" (i) fee for grant and renewal of Mineral Concession (ii) Rent royalties from mining leases and licenses:\n(vi) In sub-rule (2) of Rule 45 the word \"application\" shall be substituted by the word \"proceeding\".\n(vii) Sub-rule (4) of Rule 45 shall be substituted by the following:-\n\"4. On receipt of the application and copies thereof under sub-rule (2), 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.\"\n(viii) In sub-rule (1) of Rule 46 after the words \"copies thereof\" and before the words \"shall be sent\" the words \"and where proceeding is started by the Commissioner on his own motion notices thereof\" shall be inserted.\n(ix) In sub-rule (2) of Rule 46 the following words shall be added at its end:-\nS.O. 861, dated 11th July, 1983, published in Bihar Gazette, Part 2, dated July 13,1983 at pages 548-550.\nAmendment\nAmendment\n(i) After Rule 2(v) the following shall be inserted:-\n(v) (a) \"Additional Director of Mines\" means \"Additional Director of Mines appointed as such by the State Government.\"\n(ii) In Rule 33 (4), the words between \"the Competent Officer\" and \"or any other officer authorised by the Collector\" shall be omitted and in their place the following words shall be substituted:-\n(iii) In Rules 38 and 40(7), the words between \"the Competent Officer\" and \"or Collector\" shall be omitted and in their place the following words shall be substituted:-\n(iv) Clauses (1) and (8) of Rule 40 shall be omitted and the following provision shall be substituted as clause (1):-\n\"(1) No minor mineral shall be removed from the lease hold area without payment of royalty and in case of removal of minor mineral from the lease hold area without payment of royalty, the holder of mining lease, his agent, manager, employee, contractor or sub-lessee shall be presumed to be parties to the illegal removal of the minor mineral and every such person shall be liable to pay royalty due and shall be punished with simple imprisonment for a term which may extend to six months or with fine, which shall not be less than three times of the royalty due, or with both\".\n(v) Sub-rule (1) of Rule 45 shall be substituted by the following:-\n\"(1) (a) The Commissioner at any time for reasons 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.\n(b) The application for revision as aforesaid shall be accompanied by a treasury receipt showing that a fee of Rs. 50 has been paid into the Government treasury or in any branch of the State Bank of India doing treasury business, to the credit of the State Government, under the head of account \"XXXII-C-Miscellaneous Social and Developmental Organisation-Miscellaneous\" (i) fee for grant and renewal of Mineral Concession (ii) Rent and royalties from mining leases and licences: Provided that an application for revision may be entertained even after the time specified as above if the applicant satisfies the Commissioner that he had sufficient cause for not making the application within time\".\n(vi) In sub-rule (2) of Rule 45 the word \"application\" shall be substituted by the word \"proceeding\".\n(vii) Sub-rule (4) of Rule 45 shall be substituted by the following:-\n\"(4) On receipt of the application and copies thereof under sub-rule (2), 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\".\n(viii) In sub-rule (1) of Rule 46 after the word \"copies thereof\" and before the words \"shall be sent\" the words \"and where proceeding is started by the Commissioner on his own motion notices thereof\" shall be inserted.\n(ix) In sub-rule (2) of Rule 46 the following words be added at its end:- \"or in respect of which a proceeding has been started by him\".\nDepartment of Mines and Geology Notification No. S. O. 33, dated 14th January, 1985-Published in Bihar Gazette Extraordinary No. 26, dated January 14, 1985.\nAmendments\nAmendments\nExplanation.\nS.O. 305, dated 26th March, 1985-Published in Bihar Gazette Extraordinary No. 206, dated 26.3.1985.\nAmendment\nAmendment\n1.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\n13.\n14.\n15.\n16.\n17.\n18.\n19.\n20.\n21.\n22.\n23.\n24.\n25.\n26.\n27.\n28.\n(b) After sub-rule (4) the following shall be added:-\n29.\n30.\n(b) In clause 2 of Part VII, Form D of Schedule III after the words \"and pillars according to\" and before the words \"the demarcation shown in the plan\" the words \"the specification prescribed\" shall be inserted.\n(c) In clause 2 LVII Form D of LIII shall be renumbered as \"2(i)\".\n(d) After clause 2 of Part LVII, Form D, of Schedule III and before clause 3 the following shall be inserted:-\n31.\nForm-'L'\nForm-'G'\nForm-'F'\nLicence In Form 'L'\nLicence In Form 'L'\n[See Rule 33(5)]\nSeal and signature of Competent Officer.\nForm 'G'\nForm 'G'\n[See Rule 33(5)]\nRegister to be maintained by Stockist\nRegister to be maintained by Stockist\nDate\nOpening balance\nQuantity received\nTotal\nName of lessee/ permit-holder from whom received\n1\n2\n3\n4\n5\nDetails of Challan under which received\nTotal quantity sold, deposited\nChallan under which sold/ despatched\nClosing balance\nRemarks\n6\n7\n8\n9\n10\nForm F\nForm F\n[See Rule 23(5)]\nSignature of Stockist\nRegarding Brick Kilns\nRegarding Brick Kilns\nS.O. 279, dated 2nd April, 1987.\nTable\nTable\nSerial No.\nCategories of area\nAreas Included in shown categories in column (2)\nFixed No. of Bricks (equivalent Brickearth) per\n kiln situated in area shown in column 3\nConsolidated amount of royalty payable per kiln\n per annum on number of Bricks shown in column 3\n1\n2\n3\n4\n5\n1.\nI\nUrban area of Patna, Phulwari Sharif, Danapur, Khagual and\n Fatwah.\n12 Laks\n7,500\n2.\nII\nUrban area of Jamshedpur, Ranchi, Dhanbad, Bokaro,\n Muzaffarpur, Dharbhangaand Bhagalpur.\n10 Lakhs\n6,250\n3.\nIII\nOther urban area\n1 Lakh\n5,000\n4.\nIV\nRural areas\n6 Lakhs\n3,750.\n* This S.O. and the contents herein have been modified by S.O. 400M dated 17.8.1991 and again it is revised by S.O. 27 dated 24.3.2001.\nNote I. - \"Urban area\" means the area within the local limits of Corporation or Municipal Corporation or Municipality or Notified Area Committee and also includes the areas falling within 4 (four) Kms. from the boundary of such Corporation or Municipal Corporation or Municipality as the case may be and in case of Notified Area 'Committee the area so notified except that in respect of Fatwah Notified Area Committee\" Urban area\" shall also include the area falling within 4 (four) Kms. from the boundary of the Notified Area.\nNote I.\nNote II. - For the purpose of determining the consolidated amount of royalty on Bangala Bhatha used for Commercial purpose the number of bricks shall be fixed at one lakh per Bangala Bhatha per annum equivalent to Rs. 625 as consolidated amount of royalty. No royalty shall be payable on brick/brick earth manufactured in Bangala Bhatta for non-commercial personal consumption.\nNote II.\nS.O.281 dated 2nd April, 1987.\nS.O.199, dated the 3rd March, 1988.\n1.\n2.\n3.\n4.\n5.\n6.\nThe 16 September, 1989\nThe 16 September, 1989\nS.O. 1063 dated the 16th October, 1989.\n(i) filed income-tax return up-to-date,\n(ii) paid the income tax assessed on him; and\n(iii) paid the income tax on the basis of self assessment as provided in the Income-tax Act, 1961.\"\n(i) already holds under a mining lease;\n(ii) has applied for but has not been granted; and (iii) being applied for simultaneously.\"\n\"(f) Every application for the grant of renewal of mining lease shall be accompanied by an affidavit showing that he has-\n(i) filed uptodate income-tax returns\n(ii) paid the income-tax assessed on him; and\n(iii) paid the income tax on the basis of self assessment as provided in the Income-Tax Act, 1961\".\n\"(g) Every application for grant of renewal of mining lease shall be accompanied by an affidavit showing-\n(i) already holds under a mining lease;\n(ii) has applied for but has not been granted a mining lease; and\n(iii) being applied for simultaneously.\"\nExplanation.\n(i) \"Works Department\" means departments of the Central or State Government including Company, Corporation Undertaking, Autonomous body of the Government engaging works contractors for any kind of construction on its behalf.\n(ii) \"Works Contractor\" means an individual, a firm, a company, an association or body of individuals who under an agreement with Works Department work for the said Department\".\nChapter VII\n\"Rule 50. - Payment of compensation to owner of surface rights, etc.\n\"Rule 51. - Assessment of compensation for damage.\n\"Schedule I\n[See Rule 26 (i) (a)]\nDead Rent\nDead Rent\nPeriod of the mining leas\nRate of dead rent per acre\nRupees\n1. 1st Year\n...\n250.00\n2. 2nd year and onwards\n...\n1,000.00\nForm-M\nForm-M\n[See Rule 40 (10)]\nAffidavit\nAffidavit\n(a) sand on.(dates) which was purchased by me from........(full address of a lessee/permit holder/other person).\n(b) Stone on (dates) which was purchased by me from (full address of a lessee/permit holder/other person).\n(c) ............mineral on........which was purchased by me from (full address of lessee/permit holder/other person).\n(i) Name and address of the seller, if the seller is a lessee/permit holder the details of the mine from which the mineral so sold was extracted......If the seller is not a permit holder/lessee then the name and address of other person from whom the seller has purchased............\n(ii) The quantity of the purchased mineral with dates.......\nSignature of Deponent.\n*This paragraph will not apply if the Contractor submits a certificate in the prescribed form issued by the seller of the mineral.\nForm-'N'\nForm-'N'\n[See (Rule 40 (19)]\nSignature of Seller.\nDate\nRegarding Brick Kilns\nRegarding Brick Kilns\nS.O.400-M, the 17th August, 1991\nTable\nSl. No.\nCategories of area\nAreas included in categories as shown in column\n (2)\nFixed no. of (equivalent Brickearth) per kiln\n situated in areas shown in column (3).\nConsolidated amount of royalty payable per kiln\n per annum on the no. of brick shown in column (4).\n1\n2\n3\n4\n5\n1.\nI\nBrick manufactured by Mechanised kiln set-up\n25 lakhs\n62,500\n2.\nII\nUrban areas of Patna, Phulwari Sharif, Danapur, Khagaul and\n Fatwah.\n12 lakhs\n30,000\n3.\nIII\nUrban areas of Jamshedpur Ranchi, Dhanbad, Bokaro,\n Muzaffarpur, Darbhanga and Bhagalpur.\n10 lakhs\n25,000\n4.\nIV\nOther urban areas,\n8 lakhs\n20,000\n5.\nV\nRural area,\n6 lakhs\n15,000\n6.\nVI\nSingle Bricks kiln (excluding serial no. 1) is being run in\n the areas of any categories.\nHalf number of bricks out of fixed quantity for\n the category.\nHalf amount of consolidated royalty for area.\n7.\nVII\nBangla Bhatta (For Commercial use.)\n1 lakh\n2,500\nNote I. - \"Urban area\" means the areas within the local limits of Corporation or Municipal Corporation or Municipality or Notified Area Committee and also includes the areas falling within 4 (four) Kms. from the boundary of such Corporation or Municipal Corporation or Municipality as the case may be, and in case of Notified Area Committee, the area is so notified except that in respect of Fatwah Notified Area Committee, \"Urban area\" shall also include the areas falling within 4 (four) Kms. from the boundary of the Notified Area.\nNote I.\nNote. II. - For the purpose of determining the consolidated amount of royalty on the \"Bangla Bhatta\" used for Commercial purpose, the number of bricks shall be fixed at one lakh per Bangala Bhatta per annum equivalent to Rs. 2500 as consolidated amount of royalty. No royalty shall be payable on brick/brick-earth manufactured in Bangla Bhatta for non-commercial personal consumption.\nNote. II.\nNotification. No. 1126 dated 27.3.92\nSl. No.\nCategories of area\nAreas included in categories as shown in column\n (2)\nFixed no. of (equivalent Brickearth) per kiln\n situated in areas shown in column (3).\nConsolidated amount of royalty payable per kiln\n per annum on the no. of brick shown in column (4).\n1\n2\n3\n4\n5\n1.\nI\nBrick manufactured by Mechanised kiln set-up\n25 lakhs\n62,500\n2.\nII\nUrban areas of Patna, Phulwari Sharif.\n12 lakhs\n30,000\n3.\nIII\nUrban areas of Jamshedpur Ranchi, Dhanbad, Bokaro,\n Muzaffarpur, Darbhanga and Bhagalpur.\n10 lakhs\n25,000\n4.\nIV\nOther urban areas,\n8 lakhs\n20,000\n5.\nV\nRural area,\n6 lakhs\n15,000\n6.\nVI\nSingle Bricks kiln (excluding serial no. 1) is being run in\n the areas of any categories.\nHalf number of bricks out of fixed quantity for\n the category.\nHalf amount of consolidated royalty for area.\n7.\nVII\nBangla Bhatta (For Commercial use.)\n1 lakh\n2,500\nNote I. \"Urban area\" means the areas within local limits of Corporation or Municipal Corporation or Municipality or Notified Area Committee and also includes the area falling within 4 (four) kilometres from boundary of such Corporation of Municipal Corporation or Municipality as the case may be, and in case of Notified Area Committee, the area is so notified except that in respect of Fatwah Notified Area Committee, \"Urban area\" shall also include the areas falling within 4 (four) kms. from the boundary of the Notified area.\nNote I.\nNote II. For the purpose of determining the consolidated amount of royalty on the \"Bangla Bhatta\" used for commercial purpose the number of bricks shall be fixed at one lakh per Bangla Bhatta per annum equivalent to Rs. 2,500 as consolidated amount of royalty. No royalty shall be payable on brick/brick-earth manufactured in Bangla Bhatta for non-commercial personal consumption.\nNote II.\nS.O.27, dated 24 March, 2001.\nTable\nTable\nSl. No.\nCategories of area\nName of districts and areas\nCapacity Fixed no. for the manufactured bricks\n per fixed kiln and Bangla Bhatta situated in areas shown in\n column 3\nRoyalty Amount of royalty payable per kiln per\n annum on number of bricks fixed in column 4 (In Rupees)\n1\n2\n3\n4\n5\n1.\nI\nUrban areas of Patna, Muzaffarpur, Gaya, Darbhanga district.\n45 lakh bricks\nRs. 90,000/-\n2.\nII\nOther Urban area\n35 lakh bricks\nRs. 70,000/-\n3.\nIII\nRural area\n25 lakh bricks\nRs. 50,000/-\n4.\nIV\nBangla Bhatta\n1 (One) lakh bricks\nRs. 3,000/-\nNote. I-Consolidated royalty shall be paid in two instalments, namely:-\nNote.\n(i) First instalment-50% of the total payable royalty amount before commencement, of kiln and\n(ii) Second instalment-Rest 50% of the total amount before the month of March.\nNote II. - \"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;\nNote II.\nNote III. - No royalty shall be payable on bricks/brick earth manufactured in Bangla Bhatta for non-commercial, personal consumption.\nNote III.\nNumber of bricks per fixed kiln & Royalty\nNumber of bricks per fixed kiln & Royalty\n[S.O.27, dated 24 March, 2001.\nSl. No.\nCategories of area\nName of districts and areas\nCapacity Fixed no. for the manufactured bricks\n per fixed kiln and Bangla Bhatta situated in areas shown\n in column 3\nRoyalty Amount of royalty payable per kiln per\n annum on number of bricks fixed in column 4 (In Rupees)\n1\n2\n3\n4\n5\n1.\nI\nUrban areas of Patna, Muzaffarpur, Gaya, Darbhanga district.\n45 lakh bricks\nRs. 90,000/-\n2.\nII\nOther Urban area\n35 lakh bricks\nRs. 70,000/-\n3.\nIII\nRural area\n25 lakh bricks\nRs. 50,000/-\n4.\nIV\nBangla Bhatta\n1 (One) lakh bricks\nRs. 3,000/-\nNote I -Consolidated royalty shall be paid in two instalments, namely\nNote I\n(i) First instalment-50% of the total payable royalty amount before commencement, of kiln and\n(ii) Second instalment-Rest 50% of the total amount before the month of March.\nNote II -\"Urban Area\" means the areas within the local limits of a 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;\nNote II\nNote III -No royalty shall be payable on bricks/brick earth manufactured in Bangla Bhatta for non-commercial, personal consumption.\nNote III",
"footnote": "",
"is_definition": false,
"sort_order": 43
}
],
"metadata": {
"Act ID": "bh451",
"Act Number": "Published vide Notification No. B/N/109/72-4275 M, dated 22nd June, 1972, Bihar Gazette (extraordinary) dated 31 July, 1972",
"Enactment Date": "",
"Act Year": "1972",
"Short Title": "Bihar Minor Mineral Concession Rules, 1972",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}