The Bihar Mica Act, 1947

{
    "id": 15844,
    "slug": "the-bihar-mica-act-1947",
    "title": "The Bihar Mica Act, 1947",
    "short_title": "The Bihar Mica Act, 1947",
    "act_number": "Bihar Act 10 of 1948",
    "act_year": 1947,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Mica Act, 1947",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"block mica\" means any mica, other than chillas, splittings and waste mica, obtained from crude mica by any process of trimming;\n(b) \"chillas\" means thin laminations or cleanings of mica not more than .008 inch thick obtained from crude or block mica;\n(c) \"controller\" means the officer appointed by the [State] Government to be the Mica Controller for the purposes of this Act, ana until such time as an officer is so appointed, the Controller of the district;\n(d) \"crude mica\" means mica in its rough state before it has been trimmed or subjected to any process;\n(e) \"dealers licence\" means a licence granted under Section 6 authorising the person to whom it is granted to buy mica, and to have in his possession and sell mica-\n(i) extracted in a controlled area from a mica mine of which he is not in possession or from a mica dump; or\n(ii) imported into a controlled area from any place not situated in a controlled area;\n(f) [* * * *]\n(g) [* * * *]\n(h) \"home splitter\" means a person who is employed by a splitting contractor or a licensee or a registered proprietor to split block mica or chillas;\n(i) \"licensee\" means a person to whom a miner's licence or a dealer's licence has been granted;\n(j) \"manufactured mica\" means mica in any form other than the form of crude mica, block mica, chillas or splittings;\n(k) \"mica dump\" means any collection of refuse consisting wholly or largely of mica;\n(l) mica mine\" means any excavation where any operation for the purpose of searching for or obtaining mica has been or is being carried on;\n(m) \"miner's licence\" means a licence granted under Section 6 authorising the person to whom it is granted to have in his possession and sell mica extracted from a mica mine of which he is in possession and which is situated in land of which he is not the proprietor or from a mica dump of which he is in possession;\n(n) \"prescribed\" means prescribed by Rules made under this Act;\n(o) \"proprietor\" has the same meaning as in Clause (8) of Section 3 of the Land Registration Act, 1817, as for the time being in force in the [State] of Bihar;\n(p) \"proprietor's certificate\" means a certificate granted under Section 5 authorising the person to whom it is granted to have in his possession and sell mica extracted from a mica mine of which he is in possession and which is situated in land of which he is the proprietor or from a mica dump of which he is possession;\n(q) \"registered proprietor\" means a person to whom a proprietor's certificate has been granted;\n(r) \"Splittings\" means thin laminations of mica not more than .00125 inch thick; and\n(s) \"splittings\" contractor\" means a person who receives block mica or chillas from a licensee or a registered proprietor for preparing splittings therefrom through home splitters.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Exemptions.",
            "chapter": null,
            "content": "Restriction on possession, purchase and sale of mica",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Prohibition of possession of, and trading in, mica without licence, proprietor's certificate or digger's permit.",
            "chapter": null,
            "content": "(a) have in his possession or sell mica extracted from a mica mine of which he is in possession and which is situated in land of which he is the proprietor except under and in accordance with miner's licence [* *] ;\n(b) have in his possession or sell mica extracted from a mica mine of which he is in possession and which is situated in land, of which he is the proprietor except under and in accordance with a proprietor's certificate;\n(c) have in his possession or sell mica extracted from a mica dump of which he is in possession, except under and in accordance with a miner's licence, a dealer's licence or a proprietor's certificate;\n(d) buy mica, or have in his possession or sell mica extracted in a controlled area from a mica dump of which he is not in possession or mica imported into a controlled area from any place not situated in a controlled area, except under and in accordance with a dealer's licence;\n(e) being a licensee, [or registered proprietor] , sell mica to any person resident or carrying on business in a controlled area, unless such person possesses a valid dealer's licence;\n(f) being a person to whom a dealer's licence has been granted, buy mica from a person resident or carrying on business in a controlled area, unless such person is licensee, [or registered proprietor] ;\n(a) the possession, sale or purchase of manufactured mica;\n(b) the sale of mica by a licensee or registered proprietor to, or the purchase of mica from a licensee or registered proprietor by, any person not resident or carrying on business in a controlled area; and\n(c) the possession, sale or purchase of mica under circumstances and subject to such conditions as may, from time to time, by notification, be specified by the [State] Government.\n[5. Grant of proprietor's certificate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "6",
            "title": "6. Grant of licence",
            "chapter": null,
            "content": "(i) is convicted of an offence under Chapter XVII of the Indian Penal Code committed in respect of mica; or\n(ii) is not in lawful possession of any mica mine:\nExplanation.\n[7. Exercise of powers of licensees or registered proprietor by agents.\n[7A. Erection of name and number boards.\n8. and 9.\nDuties of Licensees, Registered Proprietors and Diggers",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "10",
            "title": "10. Accounts to be kept by licensees and registered proprietors.",
            "chapter": null,
            "content": "(a) in respect of crude mica, the following particulars, namely:-\n(i) the quantity received, the date of receipt and the supply;\n(ii) the quantity issued to cutters or disposed of and the date of such issue or disposal, and the name of the person, if any, to whom it is disposed of;\n(iii) the quantity of block mica received from cutters, and the date of receipt;\n(iv) the quantity of chillas received from cutters, and the date of receipt; and\n(v) the quantity of the balance remaining in stock at intervals not exceeding seven days.\n(b) In respect of mica other than crude or manufactured mica, the following particulars, namely:-\n(i) all additions to the stock, specifying the quantity and the size or, in the case of mica which has not been sorted into sizes, the description and the quantity, of the mica received and, in the case of purchase, the name of the person from whom it is purchased;\n(ii) all issues from the stock, specifying-\n(a) the quantity and the size or, in the case of mica which has not been sorted into sizes, the description and the quantity issued;\n(b) the purpose for which it is issued; and\n(c) in the case of sales or export, the name of the purchaser or of the agent to whom it is exported, as the case may be; and\n(iii) the quantity and the size or, in the case of mica which has not been sorted into sizes, the description and the quantity, of the balance remaining in stock at intervals not exceeding seven days.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "11",
            "title": "11. Production of accounts by licensees and registered proprietors.",
            "chapter": null,
            "content": "(a) produce his accounts and disclose or produce the full amount of his stock or mica for the inspection of such officer;\n(b) give such officer every facility for inspecting any mica mine or mica dump of which he is in possession.\n[12. Licensee, registered proprietor and digger to notify places used for storing mica.\n13. (Inspection of mine worked by digger.)\nTransport of Mica",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "14",
            "title": "14. Removal of mica.",
            "chapter": null,
            "content": "(a) the place from which the mica has been removed;\n(b) the quantity and the size or, in the case of mica which has not been sorted into sizes, the description and the quantity of such mica; and\n(c) the destination of such mica;\n(i) remove block mica or chillas of size not exceeding the size mentioned in Section 3, from any place [* *] other than a mica mine or a mica dump; and\n(ii) return to such licensee or registered proprietor splitting made from such block mica or chillas.\n15. and 16.\nOffence and Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "17",
            "title": "17. Penalties.",
            "chapter": null,
            "content": "(a) has in his possession or sells any mica extracted from a mica mine of which he is in possession and which is situated in land of which he is not the proprietor, except under and in accordance with a miner's licence [* *] ;\n(b) has in his possession or sells any mica extracted from a mica mine of which he is in possession and which is situated in land of which he is the proprietor, except under and in accordance with the proprietor's certificate;\n(c) buys mica, or has in his possession or sells mica extracted from a mine or mica dump of which he is not in possession, except under and in accordance with a dealer's licence;\n(d) has in his possession or sells mica extracted from a mica dump of which he is in possession, except under and in accordance with a miner's licence or a dealer's licence or a proprietor's certificate;\n(e) being a licensee, [or registered proprietor] sells mica to any person other than a person to whom a dealer's licence has been granted and who resides on business in a controlled area;\n(f) being a person to whom a dealer's licence has been granted buys mica from a person who is not a licensee or a registered proprietor [* *] and who resides or carries on business in a controlled area, shall on conviction by a Magistrate of the first class, be punishable with fine which may extend to [one thousand rupees] .\n(a) fails to keep any account required to be kept by Section 10 or keeps an account which does not contain the particulars required by the said section or which is false in any material particular;\n(b) fails to produce such accounts or to disclose or to produce the full amount of his stock of mica when so required under Section 11;\n(c) fails to submit any prescribed return or submits a prescribed return which is false in any material particular;\n(d) refuses or wilfully neglects to afford to any officer authorised under Section 11 any reasonable facility for inspecting any mica mine or mica dump in his possession;\n[(e) allows his licence or proprietor's certificate, as the case may be, to be used on behalf of any other person as authority to buy or have in his possession or sell mica extracted from a mica mine or from a mica dump;]\n(ii) Any licensee who fails to produce his licence within a reasonable time after being required by the prescribed authority shall, on conviction by a Magistrate of the first class, be punishable with fine which may extend to fifty rupees]\n(a) fails to notify to the prescribed authority and in the prescribed manner the place or places used by him whether for storing mica or preparing it for sale; or\n(b) stores mica at any place other than a place notified in accordance with Section 12;\n18. (Penalty for certain offences committed by diggers)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "19",
            "title": "19. Penalty for unauthorised removal of mica.",
            "chapter": null,
            "content": "20 and 21.\n[21A. Penalty for offences for which specific penalty is provided.\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "22",
            "title": "22. Power of police officer to arrest without warrant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "23",
            "title": "23. Seizure and detention of mica removed without pass.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "24",
            "title": "24. Power of search and seizure.",
            "chapter": null,
            "content": "(a) prepare a list of the mica so seized and deliver a copy thereof signed by him to the person found in possession of such mica;\n(b) enclose the mica seized in a package and place on such package a mark indicating that the mica therein contained has been seized; and\n(c) as soon as may be after such seizure make a report thereof to the Magistrate having jurisdiction to try the offence on account of which such seizure has been made.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "25",
            "title": "25. Cancellation of licences and proprietor's certificates.",
            "chapter": null,
            "content": "(a) allows his licence or proprietor's certificate, as the case may be, to be used on behalf of any other person as authority to buy or have in his possession or sell mica extracted from a mica mine or from a mica dump, or\n(b) being a person to whom a miner's licence has been granted extracts mica from a mine the particulars of which are not endorsed on his licence, or\n(c) is guilty of repeated failure to comply with any of the other provisions of this Act or Rules made thereunder, or\n(d) is convicted of an offence under Chapter XVII of the Indian Penal Code committed in respect of mica:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "26",
            "title": "26. Delegation of powers and duties of the controller.",
            "chapter": null,
            "content": "[26A. Power of revision by the State Government.\n(i) unless the application is made within ninety days of the order complained of, and\n(ii) where an appeal lies against the order of the Controller, unless an appeal has been preferred to the Commissioner of the Division and disposed of.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "27",
            "title": "27. Power to make Rules.",
            "chapter": null,
            "content": "(a) the form of the proprietor's certificate [* *] or of any licence;\n(b) [* *] .\n(c) the returns to be submitted by any licensee or registered proprietor and the form or manner in which such returns shall be submitted;\n(d) the authority to whom and the manner in which licensees [and registered proprietors] shall notify the place or places at which they store or prepare mica for sale;\n(e) the form of the pass referred to in Section 14; [and]\n(f) [* *] .\n(g) the authority referred to in sub-section (3) of Section 17.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "28",
            "title": "28. Repeal and saving.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        }
    ],
    "metadata": {
        "Act ID": "bh441",
        "Act Number": "Bihar Act 10 of 1948",
        "Enactment Date": "",
        "Act Year": "1947",
        "Short Title": "The Bihar Mica Act, 1947",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}