झारखड गजट

असाधारण अंक

झारखड सरकार वारा काशत

15 आषाढ़, 1942 (श०)

सं# या– 318 राँची, सोमवार, 6 जुलाई, 2020 (ई०)

वध (वधान) वभाग

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अधसूचना

6 जुलाई, 2020

सं#या-एल०जी०-4/2020-320/लेज० झारखंड सरकार का 6न8नल9खत अ:यादेश िजस पर

माननीया रा>यपाल ?दनांक-02/07/2020 को अनुम6त दे चुक@ं है, इसके वारा सवDसाधारण क@ सूचना के

लए काशत Fकया जाता है।

THE JHARKHAND MINERAL BEARING LANDS

(COVID-19 PANDEMIC) CESS ORDINANCE, 2020

(Jharkhand Ordinance No. 01, 2020)

An Ordinance, to enact MINERAL BEARING LANDS (COVID-19 PANDEMIC) CESS ORDINANCE, 2020, in regard to

its applicability and enforcement within the State of Jharkhand.

Circumstances Exist Which Render It Necessary To Take Immediate Action To Promulgate An Ordinance To

Provide The Levy Of Cess On Mineral Bearing Land For The Rehabilitation/Employment Of Labourers/ Migrant

Labourers, Creating Infrastructures In The Field Of Cottage/Village Industries, Msme, Creating Employment

Opportunities, Mitigating The Hardships Caused Due To Loss Of Jobs, Augmenting The Existing Health

Infrastructures And For Other Necessary Purposes In The State Of Jharkhand Arising Out Of Disaster By Way

Of Covid-19 Pandemic.

Now, therefore, in exercise of power conferred by Clause (1) of Article 213 of Constitution of India, the

Governor of Jharkhand is pleased to promulgate the following Ordinance:-

झारखडगजट(असाधारण) सोमवार, 6 जुलाई, 2020

Short title, extent and commencement: -

(1)

This Ordinance may be called the Jharkhand Mineral Bearing Lands (Covid-19 Pandemic) Cess

Ordinance, 2020.

(2)

It extends to the whole of the State of Jharkhand.

(3)

It shall be deemed to have come into force on the date of its publication in the official gazette.

Definitions: -In this Ordinance, unless the context otherwise requires :-

(1)

“Authorities” means the authorities as prescribed to carry out the purposes of this Ordinance;

(2)

“Cess” means the cess levied under section 3 of this Ordinance, for the purposes provided in

section-4;

(3)

“Disaster” means a catastrophe, epidemic/pandemic, mishap, calamity or grave occurrence in

any area, arising from natural or man-made causes, or by accident or negligence which results

in substantial loss of life, loss of employment or human suffering or damage to, and

destruction of, property, or damage to, or degradation of, environment, and is of such a

nature or magnitude as to be beyond the coping capacity of the community of the affected

area;

(4)

“Despatch” means despatch of such Run-of-mine/minerals as specified in the Schedule

appended to this Ordinance, by the holder to any place outside the mineral bearing land;

(5)

“Epidemic” means the occurrence in the state, cases of an illness, specific health related

behaviour, or other health related events clearly in excess of normal expectancy and includes

COVID-19;

(6)

“Fund” means, a fund created for the purposes of depositing the proceeds of cessas “Covid-19

Pandemic Fund”; to carry out the purposes as specified in Section 4 of this Ordinance; and

shall be utilised in the manner as prescribed;

(7)

“Government” means the State Government of Jharkhand;

(8)

“Governing Body” means a body of such authorities, as constituted by the State Government

to carry out the purposes of this Ordinance, as prescribed;

(9)

“Holder” means the holder of mining or quarry lease or exploring license or prospecting

license of the mineral bearing land(s);

(10)

“Mineral Bearing Land” means holding or holdings of land comprising the area of a land either

allocated or granted or deemed to be granted for mineral right i.e. mining or quarry lease or

exploring license or prospecting license or petroleum mining lease under the Mines and

Minerals (Regulation and Development) Act, 1957, the Coal Bearing Areas (Acquisition and

Development) Act, 1957, the Coking Coal Mines (Nationalisation) Act, 1972, the Coal Mines

(Nationalisation) Act, 1973, the Coal Mines (Special Provisions) Act, 2015, Petroleum & Natural

Gas Rules, 1959;

(11)

“Mineral Produce” means a produce of mineral specified in the Schedule, appended to this

Ordinance;

झारखडगजट(असाधारण) सोमवार, 6 जुलाई, 2020

(12)

"Mineral Right” means rights conferred on a lessee/deemed lessee under a mining lease or

quarry lease or exploring license or prospecting license or petroleum mining lease granted or

renewed under the Mines and Minerals (Regulation and Development) Act, 1957, the Coal

Bearing Areas (Acquisition and Development) Act, 1957, the Coking Coal Mines

(Nationalisation) Act, 1972, the Coal Mines (Nationalisation) Act, 1973, the Coal Mines (Special

Provisions) Act, 2015, Petroleum & Natural Gas Rules, 1959;

(13)

“Notification” means a notification as published in the Official Gazette of the State;

(14)

“Prescribed” means prescribed by rules made under this Ordinance;

(15)

“Section” means the section(s) under this Ordinance

(16)

“State” means the State of Jharkhand;

(17)

“Schedule” means the Schedule appended to this Ordinance; and

Words and expressions used but not defined in this Ordinance shall have the same meaning as defined

in all the respective Minerals Act(s) and all the respective Rules, including the Disaster Management

Act 2005 (Central Act No. 53 of 2005); as assigned to them under all those such Acts; Rules;

Notifications or Regulations made or issued thereunder.

Levy and collection of cess on mineral bearing land-

(1)

Subject to any limitation imposed by Parliament by law relating to mineral development, there

shall be levied and collected, in such manner as may be prescribed, a COVID-19 cess on

mineral bearing land in respect of such mineral and at such rates, not exceeding rupees one

hundred per tonne/cubic metres, as the case may be; on despatch of such Run-of-

mine/mineral, as may be specified in the Schedule appended to this Ordinance, by the State

Government from time to time.

(2)

The cess levied under sub- section (1) shall be payable by the holder on despatch of Run-of-

mine/mineral in such manner as may be prescribed.

(3)

The proceeds of the Cess shall be credited into the Fund to be known as COVID-19 PANDEMIC

FUND.

(4)

The Levy of cess under this Ordinance shall be valid for three years from the date of the

commencement of this Ordinance;

(5)

Notwithstanding anything contained in sub-section (4) of this section, the State Government

through a notification and for the reasons to be recorded and upon recommendation of the

governing body, may extend the levy of cess under this Ordinance, for another one year and

also for the succeeding year(s);

(6)

The manner and the procedures for managing the “Fund”, shall be specified or prescribed by

the Government.

Purposes and objectives of this Ordinance–

The proceeds of the fund so collected shall be appropriated into a separate account, which shall be

used for the following purposes:-

झारखडगजट(असाधारण) सोमवार, 6 जुलाई, 2020

(1)

to mitigate the impact of disaster and epidemic;

(2)

to provide the rehabilitation/employment to labourers;

(3)

to create all such infrastructures in the field of Cottage/village Industries, MSME generating

employment and mitigating the hardships caused due to loss of jobs due to the pandemic;

(4)

to augment the existing health infrastructures;

(5)

to establish the community shelters/dormitories/kitchens/food securities etc;

(6)

to meet the expenses for transporting the migrating labourers;

(7)

to provide support/compensate all such persons/families who have lost their lives, on account

of this epidemic and or during their movement from other states into the state;

(8)

to provide all such necessary help/logistic support for proper cultivation to the Agriculturist;

(9)

to provide necessary logistic support for marketability of Agriculture produces;

(10)

to provide all necessary assistance/support to all such labourers, casual/migrant labourers,

persons, who suffered loss of employment or suffered pecuniary losses during this epidemic or

and for all such other purposes as the Government may specify, from time to time in the state.

Determination and Payment of Cess-

(1)

The proceeds of the cess levied under this Ordinance shall be credited into a separate account

to be known as COVID-19 PANDEMIC FUND, especially maintained by the Government in this

behalf and shall be, managed, disbursed and to be utilized by the Government for the

purposes as prescribed under the provisions of this Ordinance; in the prescribed or specified

manner.

(2)

The cess payable under this Ordinance shall be assessed in accordance with the provisions of

section 3 and the Rules made there under, by the prescribed authority.

(3)

The amount of cess on mineral bearing land at such rate(s) as may be specified shall be

payable by the holder on the quantity of such Run-of-mine/minerals as made at the time of

despatch of such Run-of-mine/minerals from mineral bearing land by such date as prescribed.

(4)

In case where the holder despatch the Run-of-mine/minerals without payment of cess, or as

the case may be any variation in the assessment of cess payable, the prescribed authority shall

cause to issue a notice of demand served upon the holder for payment of the cess due along

with an interest at the rate of not exceeding 3% per month or part thereof on such value of

cess due, in such manner as may be prescribed.

Explanation- The words, “cess due”; for the purpose of this Ordinance shall mean any cess

payable under section 3, but not paid after the prescribed due date, and also after expiry of

such date, as provided in notice of Demand as issued under this section.

(5)

For the purpose of registration of the holder, under this Ordinance; the holder means holder

of mineral right i.e. mining or quarry lease or exploring license or prospecting license of the

mineral bearing land(s) under the Mines and Mineral (Regulation and Development) Act, 1957,

the Coal Bearing Areas (Acquisition and Development) Act, 1957, the Coking Coal Mines

झारखडगजट(असाधारण) सोमवार, 6 जुलाई, 2020

(Nationalisation) Act, 1972, the Coal Mines (Nationalisation) Act, 1973, the Coal Mines (Special

Provisions) Act, 2015, Petroleum & Natural Gas Rules, 1959; and lessee/deemed

lessee/allocated under which they are already registered under the respective mining laws for

the time being in force, shall apply mutatis mutandis for the purpose of this ordinance.

Appeal: -

Any person aggrieved by the notice of demand under section 5, may, within sixty (60) days from the

date of service of the said notice under sub-section (4) of section 5 thereof, appeal to such authority

as may be prescribed and the said authority may pass such orders on the appeal as it thinks fit, and

which may be , subject to the provisions of section 5, become final.

Revision: -

The Government may, either suo-moto or on receipt of a revision petition filed within ninety days by

any person aggrieved by an order passed under section 6, call for and examine the record relating to

any order passed or proceedings taken by any officer or authority under this Ordinance, for the

purpose of satisfying themselves as to the correctness, legality or propriety of such order(s) or as to

the regularity of such proceedings and if in any case it appears to the Government that such order or

proceedings should be modified, annulled, reversed or remanded for reconsideration, they may pass

orders accordingly:

Provided that no order adversely affecting any person, shall be passed unless such person has been

given an opportunity of making his representation.

Cess to be recovered as arrear of land revenue–

The cess due payable and or determined under section 5 of this Ordinance, but not paid within the

specified and or prescribed time under this Ordinance, shall be recovered as arrears of land revenue.

Exemptions:-

Notwithstanding anything contained in this Ordinance, where the Government is of the opinion that it is

necessary or expedient in the public interest so to do, it may by notification in the Official Gazette, exempt

cess, fully or partially, in respect of any holder or any class of holder as may be specified in the notification.

10.

Powers to amend the Schedule-

1) The State Government may, by notification, add to or delete or amend or alter any of the items or

rate(s) in the Schedule appended to this Ordinance.

2) The Government may issue such circulars or directions or regulations to carry out the purposes of

this Ordinance.

11.

Power to make Rules: -

(1)

The Government may, by notification in the Official Gazette, make Rules for carrying out the

purposes of this Ordinance.

(2)

In particular and without prejudice to the generality of the foregoing power such rules may

provide for all or any of the following matters, namely-

The authorities which may impose cess under section 3 or interest under Section-5

and the manner in which the cess levied under this Ordinance shall be collected;

ii.

The constitution and functions of the Governing body, the term of office of its

members, and the procedure for the conduct of its business;

झारखडगजट(असाधारण) सोमवार, 6 जुलाई, 2020

iii.

The manner in which accounts shall be kept and registers to be maintained by the

holder at the Mineral Bearing Land or at the office the holder.

iv.

the assessment and collection of the cess levied under this Ordinance;

The form of receipts for payment of the cess; and

vi.

Any other matter that may have to be prescribed.

(3)

The Rules made under this section may provide penalty for contravention of such provisions of

this Ordinance to the following extent, namely:-

in cases of evasion or avoidance of cess, to the extent of double the amount of cess

evaded or, as the case may be, avoided;

(4)

All Rules made under this Ordinance, shall be laid, as soon as may be after they are so made,

before the House of the State Legislature, while it is in session, for a period of not less than

fourteen days which may comprise in one session or in two successive sessions and if before

the expiry of the sessions in which they are so laid or in the session immediately following the

House of the State Legislature makes any modification in any of such rules or resolves that any

such rules should not be made, such rules shall thereafter have effect only in such modified

form or be of no effect, as the case may be, so however, that any such modification or

annulment shall be without prejudice to the validity of anything previously done thereunder.

12.

Liability of the holder under other laws not affected:-

Nothing contained in this Ordinance, shall affect the liability of the holder for the payment of cess

under this Ordinance, to that of under any other law(s) for the time being in force.

13.

Action taken in good faith.—

No suit or prosecution or other proceeding shall lie in any court against the prescribed authorities or

any officer or employee of the State Government, in respect of any work done or purported to have

been done or intended to be done in good faith by such authority or Government or such officer or

employee under the provisions of this Ordinance or the rules made thereunder.

14.

Bar of jurisdiction of court.—

No court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or

proceeding in respect of anything done, action taken, orders made, direction, instruction or guidelines

issued by the State Government in pursuance of any power conferred by, or in relation to its functions,

by this Ordinance.

15.

Power to remove difficulties:-

If any difficulty arises in giving effect to any provisions of this Ordinance the Government may, by

general or special order, do anything not inconsistent with such provisions for the purpose of

removing the difficulty:

Provided, no order of removal of such difficulty shall be made after the expiry of the period of two

years from the date the commencement of this Ordinance.

झारखडगजट(असाधारण) सोमवार, 6 जुलाई, 2020

THE SCHEDULE

(See sections 2(4) and 3(1))

Nos.

Classification of Mineral bearing land

Rate of Cess*

Coal bearing land

Rs. 10/- per metric tonnes of coal

dispatch

Iron ore bearing land

Rs. 5/- per metric tonnes of Iron

ore dispatch.

Bauxite bearing land

Rs. 20/- per metric tonne of

bauxite dispatch.

Limestone bearing land

Rs. 10/- per metric tonnes of

limestore dispatch.

Manganese ore bearing land

Rs. 5/- per metric tonnes of

manganese ore dispatch.

* 1.

Name of Minerals as specified in the Second Schedule under the Mines and

Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957)

(Major Minerals).

Rates of cess are irrespective of their Grade/Properties.

झारखंड रा>यपाल के आदेश से,

दप कुमार ीवातव

धान सHचव-सह-IवHध परामशJ

IवHध Iवभाग, झारखंड, राँची ।

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झारखड राजक@य मुLणालय

झारखड राजक@य मुLणालय, राँची वारा काशत एवं मु?Lत

राँची वारा काशत एवं मु?Lत,

झारखड गजट

झारखड गजट (असाधारण

असाधारण)

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