Jharkhand Gazette, No. 198, 29 April 2026

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THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

7 CHAITRA 1948 (S)

No. 198

RANCHI MONDAY 27th APRIL, 2026

DEPARTMENT OF MINES AND GEOLOGY

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NOTIFICATION

23rd APRIL, 20 26

File No:- 2-Vidhi-41/2006(Part)-1022 /M,--In exercise of the powers conferred by section 23C (1) and section 23C (2) of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957), the Governor of Jharkhand hereby makes the following rules: -

1. Short title and commencement. - (1) These rules shall be called the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage)Amendment Rules, 2026. (2) They shall come into force on the date of their publication in the Official Gazette.

2. Rule 2(i)(d) shall be substituted as per following "Competent Officer" Means Additional Director, Mines, Deputy Director, Mines, Deputy Commissioner, District Mining Officer and Assistant Mining Officer.

3. Rule 2(i)(h) shall be substituted as per following

"Department" means Department of Mines & Geology, Government of Jharkhand;

4. Rule 2(i)(i) shall be substituted as per following

"Form" means "Prescribed Forms as notified by the Director, Mines for the purpose of execution of these rules."2 Jharkhand Gazette (Extraordinary) Monday 27th April, 2026 5. Rule 2(i)(l) shall be substituted as per following "Mineral" means, minerals of all types (except the atomic minerals in part B of schedule-1 of Mines and Minerals (Development and Regulation) Act, 1957), and varieties including precious and semiprecious and un-cut stones and minor minerals as specified in section 3(e) of the mines and minerals (Development and Regulation) Act, 1957 (central Act, 67 of 1957) as amended in time to time and Jharkhand Minor Mineral Concession Rule, 2004 and as amended time to time for the purpose of these rules;"

6. Rule 2(i)(p) shall be substituted as per following

"Transport Challan" means a challan issued by the Lessee/Dealer/permit holder or any other lawful authority for transportation of any mineral raised/stored by a carrier, which is issued to a Mineral Dealer"

7.Rule 3(d) shall be omitted

8. Rule 4 shall be substituted as per following

"i)Competent Officer or any such authorized officer by competent authority shall approve the application for registration in prescribed form after due verification of application within thirty (30) days. If the application is neither approved nor rejected within thirty (30) days, it shall be forwarded automatically through JIMMS to next higher competent officer as decided by Director, Mines for approval.

In case of District Mining Officer/Any competent officer/Any such officer authorized by the Competent Authority being on leave (Except Casual Leave) then authorization for approval shall be to the next higher competent officer as decided by Director, Mines".

ii) If a person is holding a valid mining lease granted under the Mineral Concession Rules, 1960 or 2016 or JMMC Rule, 2004 or any others rules madeand as amended time to time framed under the MM(DR) Act 1957 or a lessee/deemed lessee under any other provision effective in this behalf shall be exempted to register as a dealer for the same lease and mineral. However,lessee/deemed lessee/permit holder will be treated as deemed dealer for the purpose of these rules.

Provided that in case of lessee being the purchaser of mineral/s from any other valid source for storing or processing shall be registered as dealer under these rules."

9. After Rule 5(ii), Rule 5(iii) shall be inserted as per following

"Every Dealer shall submit monthly return in the form and time period as prescribed by the Director, Mines, through JIMMS, failing which a penalty at the rate of Rs. 25/- per day, which may extent to maximum Rs. 2500/- shall be recoverable form the concerned dealer.

Provided that there shall be provision for revision of monthly return in JIMMS, on the payment of Rs. 5000/- and in the manner as prescribed by the Director, Mines"3 Jharkhand Gazette (Extraordinary) Monday 27th April, 2026 10. Rule 6(i) shall be substituted as per following "A management fee of rupee one per ton (if royalty is paid in terms of tone) or rupee one per twenty-five cubic feet (if royalty is paid in terms of cubic meter or cubic feet) shall be paid by the mining lease holders which will be deposited online through JIMMS portal. However, Department of Mines and Geology, Government of Jharkhand may revise the management fee by the notification.

Provided that in case of mineral purchase from outside of the Jharkhand State management fee shall be paid by the Dealer also."

11. Rule 7 shall be substituted as per following

"No person other than a dealer or a mining lease holder or a prospecting license holderor a permit holder shall buy or store or sell or offer for sale or engage in any transaction of buying, selling, processing any mineral at any place or transport mineral at any place or transport mineral for commercial gain without being registered as a dealer."

12. Rule 8(iii) shall be substituted as per following

"Any competent officer/any other officer authorized by the competent Authority may at any time suspend the registration for breach of any of the terms and conditions of the Registration. The registration may be cancelled for breach of any of the terms and conditions of registration after giving an opportunity of being heard."

13. Rule 9(i) shall be substituted as per following

"No person shall transport or otherwise remove or carry away any mineral from any place without obtaining a transport challan duly generated through JIMMS. The Dealer desiring such challan should file an online application for permit through JIMMS portal in prescribed Form duly specifying all the particulars prescribed therein."

14.In first Rule 9(ii)proviso clauseshall be insertedas per following

"Provided that in case of purchase of minerals from outside of the country clearance from concerned port/airport/dockyard from the concerned authority shall be uploaded."

15.Second Rule 9(ii)shall be substituted as Rule 9(iii)as per following

"On receipt of an application for permit under sub-rule (i), Any competent officer/Any such officer authorized by the Competent Authority shall communicate his approval/rejection of permit application within fifteen (15) days on the JIMMS portal for issuing the transport challan in prescribed form for such period and subject to such terms and conditions as prescribed by him. Any competent officer/Any such officer authorized by the Competent Authority may reject an application to grant permit for issuance of Transport Challan for reasons to be recorded in writing and communicated to the applicant through JIMMS Portal.

If the permit application is neither approved nor rejected within fifteen (15) days, it shall be forwarded automatically through JIMMS to4 Jharkhand Gazette (Extraordinary) Monday 27th April, 2026 next higher competent officer as decided by Director, Mines for approval.

In case of District Mining Officer/Any competent officer/Any such officer authorized by the Competent Authority being on leave (Except Casual Leave) then authorization for permit approval shall be to the next higher competent officer as decided by Director, Mines."

16. In Rule 10(i) proviso clause shall be inserted as per following.

"Provided that for maintenance of records all dispatches of ores and mineral till midnight shall be accompanied by a transport challan."

17. After Rule 10(ii)(e)the proviso clause shall be added as per

following

"Provided further that for mineral/ores which don'thave different grades for royalty or in case of coal where grade of seams is pre- decided, the permit approval procedure may be provided separately in JIMMS by the competent authority."

18. After Rule 10(iv)the exception and proviso clause shall be added

as per following

"Except in cases, where Deputy Commissioner is lease granting/deed execution authority.

Provided that in case of deemed lessee the clearance is required from Directorate of Mines;

Provided further that the locking/unlocking of JIMMS data of new lessees/dealers shall be done by the District Mining Officer/Any competent officer after verification of data from the concerned Deputy Director, Mines in case of Minor Mineral and from Additional Director, Mines through the concerned Deputy Director, Mines in case of Major Mineral."

19. Rule 10(vi)(a) shall be substituted as per following

"Whenever any person transports the minerals raised from a lease/registered dealer/Permit without any valid permits or challan, it will be treated as a transgression of the conditions of these rules along with all other applicable Act and Rules."

20. InRule 10(vi)(b)the word "The mining lessee" shall be substituted

with word "That person"

21. Rule 13shall be substituted as per following

"1. i) No individual shall, in any area, undertake extraction, removal, or mining operations without a lease, licence, permit, or any other authorization required under these rules.

ii) No person shall transport, or cause to be transported, any mineral without a valid transit challan. Furthermore, minerals shall not be transported in unauthorised, unregistered, or non- commercial vehicles.

2. i) Any Violation of sub rule-1 shall be punishable under Section 21(2) of the Act. ii) The offences under sub-rule-1(ii), either before or after institution of the prosecution, may be compounded by the complainant officer after taking prior approval from the approving officer as per the tables givenbelow: -

and

iii) In case of inquiry officer not being the complainant/compounding officer, an inquiry report with all supporting documents such as inspection report, seizure list etc. shall be submitted by the inquiry officer to the complainant/compounding officer. If complainant/compounding officer and approving officer is the same person then prior approval shall be taken from the approving officer of next serial number.

iv) In addition to the compounding fee described in the rule, the value of the mineral, royalty, compensation for environmental damage, and the penalty payable for illegal occupation of land without lawful authority may be recovered from the violator at ten times the royalty amount.

However, in cases involving vehicles/machinery other than those described above, the compounding fee along with the value of the mineral shall not be less than ₹25,000 (Rupees Twenty-Five Thousand). v) In cases of transportation under a valid challan, if the quantity of mineral loaded in the vehicle exceeds the quantity mentioned in the challan by up to 5% (five percent), the authorized officer may recover the value of the mineral only for the excess quantity, in accordance with Sub- rule 2(iii). vi) In cases of transportation, the determination of the assessed quantity shall be carried out only at the weighbridgeor by measuring of volume by the competent officer/complainant officer and in case of determination of assessed quantity of the storage location by using total station, theodolite or any other method as decided by the competent Officer/Complainant Officer as deemed fit.

Provided that for determination of assessed quantity of mining/excavation within or outside of the lease boundary, if guideline not issued under relevant mineral concession act or rules, a separate guideline may be issued by the Director, Mines. vii) Whoever intentionally obstructs the competent Officer or any other officer in performing their duties under these rules, shall be punishable with an imprisonment up to a term of one year or fine which may extend to Rs 25000 or with both."7 Jharkhand Gazette (Extraordinary) Monday 27th April, 2026 22. Rule 14(i) shall be substituted as per following Any person aggrieved by an order of the following officers for a particular action under these rules may prefer an appeal in prescribed form to the following concerned officer within thirty (30) days from the date of communication of the order.

23. After Rule 14(iii), Rule 14(iv) shall be inserted as per following

"The concerned appellate authority may invoke, modify or set aside the order passed by the officer as defined above."

24. After Rule 15(iii), Rule 15(iv) shall be inserted as per following

"The Mines Commissioner may invoke, modify or set aside the order passed by the Deputy Commissioner."

25. In Rules15(i) and Rule 15(ii), the word "revision/appeal" shall be

substituted with the word "revision".

By the Order of Governor,

Sd/-

Secretary to the Government

Department of Mines and Geology

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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi. Jharkhand Gazette (Extraordinary) 198-- 50.