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ǐबहार गजट

असाधारण अंक

ǐबहार सरकार Ʈारा Ĥकािशत

13 अĒहायण 1946 (श0)

(सं0 पटना 1146) पटना, बुधवार, 4 ǐदसàबर 2024

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Notification

The 3^rd December 2024

No.-Pra-II/Avaidh Khanan-30/22-5142/M.—In exercise of the powers conferred

under section 15 read with section 23 C of the Mines and Minerals (Development and

Regulation) Act, 1957, the Governor of Bihar hereby pleased to make the following Rules

regarding the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation

and Storage) Rules, 2019:-

Short title, extent and commencement:- (1) These rules shall be called the Bihar

Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage)

(Amendment) Rules, 2024.

(2)

It shall extend to the whole of the State of Bihar.

(3)

It shall come into force from the date of its publication in the Official

Gazette.

Rule- 17 (4) shall be substituted as follows:-

(4) Approval and submission of Mining Plan:-

(i)

The mining plan may be prepared by the State Government through an

agency authorised by the State Government or an officer authorised by

the Department or the mineral concession holder, in which assistance

ǐबहार गजट (असाधारण), 4 ǐदसà बर2024

may be taken by the above three in preparation of the mining plan from

a recognised qualified person/institution.

(ii) In case the settlee prepares the mining plan, the settlee shall submit the

mining plan to the Department for approval within maximum 15

(fifteen) days of issuance of the In Principal Sanction Order (LOI).

(iii) In case of non submission of the mining plan within the stipulated time,

the settlee shall be imposed a penalty of Rs. 1,00,000/- for the first one

week of delay, Rs. 2,00,000/- for the next one week and 0.5% of the

highest bid for the next two weeks of delay. In case the imposed penalty

is not deposited, the amount of the penalty shall be deducted from the

security deposit. Even after this, if the settlee does not submit the

mining plan/application for environmental clearance, the Collector shall

cancel the LOI and forfeit the security amount after serving a show

cause notice to the settlee.

(iv) The committee constituted by the Department/authorized educational

institution will approve/reject the submitted mining plan within one

week on receipt of the same. The reasons for rejection will be clearly

mentioned, so that the concerned can submit the mining plan again

within the next 15 days.

(v)

If the Government finds it appropriate, before the e-auction of the

mining lease, the State Government may authorize any agency or any

officer not below the rank of Assistant Director to prepare the mining

plan in their favour as per the prevailing environmental provisions. The

said approved mining plan for the concerned mining lease may be

transferred in favour of the highest bidder selected in the e-auction. The

expenses and fees incurred in preparation of the mining plan will be

recovered from the concerned mineral concession holder/ settlee.

Rule-18 (2) shall be substituted by the following:-

18 (2)Environmental Clearance-(i) All mineral Concession holders or agency

authorized by the Government or an Officer authorized by the Department shall

obtain prior environmental clearance within the prescribed time limit and comply

with the rules as per the prevailing Environmental Impact Assessment (EIA)

Notification, orders of Pollution Control Board and latest instructions issued by the

Competent Authority of the Ministry of Environment, Forest and Climate Change,

Government of India and as per the provisions of the Environment Protection Act.

Provided that before e-auction of mining lease, the State Government may

authorize any agency or any officer not below the rank of Assistant Director to

obtain environmental clearance in its favour as per prevailing environmental rules.

The said environmental clearance for the concerned mining lease shall be

transferred in favour of the highest bidder selected in the e-auction. The

expenditure incurred in obtaining environmental clearance (including fees) shall be

recovered from the concerned mineral concession holder/settlee.

(ii) In

case

the

settlee

obtains

environmental

clearance,

the

proposal/application for Terms of Reference (TOR) approval shall be

submitted by him on the Parivesh Portal of State Environment Impact

Assessment Authority ( SEIAA) within maximum 15 (fifteen) working

days of the mining plan approval.

(iii) After receiving the in-principle sanction order (LOI), the settlee shall

submit the draft Environment Impact Assessment (EIA) report and the

prescribed fee for public hearing to the Bihar State Pollution Control

ǐबहार गजट (असाधारण), 4 ǐदसà बर 2024

Board within maximum 07 (seven) working days from the end of the

nearest monitoring period (Base Line Data Collection Period) for the

concerned mining lease.

(iv) The settlee shall submit the Final EIA to SEIAA, Bihar within

maximum 07 (seven) working days from the date of issuance of

minutes public hearing for the concerned mining lease.

(v)

In order to obtain environmental clearance, required comment shall be

made available to the SEIAA within maximum 15 (Fifteen) working

days by the Department/ concerned Collector.

(vi) The settlee shall submit the application for CTE/CTO to the Bihar State

Pollution Control Board within maximum 07 (seven) working days

from the date of issuance of environmental clearance.

(vii) In case the application for environmental clearance is not submitted to

the competent authority within the stipulated time after approval of

mining plan, a penalty of Rs. 1,00,000/- for the first one week, Rs.

2,00,000/- for the next one week and 0.5% of the highest bid amount

for the next two weeks will be imposed on the settlee. In case the

imposed penalty is not deposited, the amount of penalty will be

deducted from the security deposit. Even after this, if the mining

plan/application for environmental clearance is not submitted, the

Collector shall cancel the LOI after issuing a show cause notice to the

settlee and the security amount will be confiscated.

Rule- 22 (2) (c) shall be substituted as follows:-

22 (2) (c) -An amount equal to 25 (twenty five) percent of the auction amount as

security which will be refunded after the expiry of the settlement period, if the

mining lease holder is not otherwise defaulter in payment. In case of unsuccessful

bidders the Earnest Money Deposit will be refunded by the Collector within

maximum Ten days.

Rule 28 Execution of lease–A new Proviso shall be added in sub rule (1) as

follows:-

Provided that Within a maximum of 07 (seven) days of receiving the

CTE/CTO, the lessee shall make the payment of first installment along with other

dues and submit the agreement for execution before the District Collector, along

with all statutory clearances.

The District Collector shall execute the agreement within a maximum of 03

(three) days of receiving all the amounts and the agreement with statutory

clearances. Mining work will be allowed after the execution of the agreement.

The lessee shall get the agreement registered within a maximum of 15

(fifteen) days of its execution.

Rule 29A (1) (b) shall be substituted as follows:-

The highest bidder shall deposit 25% of the auction amount (earnest money is

adjustable for this purpose) within 05 working days of the auction and thereafter an

in-principle sanction order (LOI) shall be issued in his favour by the Collector/Any

Officer so authorized by the State Government.

Rule- 29B (1) shall be substituted as follows:-

29B (1)-Payment of Security Deposit- Every settlee of sand as minor mineral

shall deposit an amount equivalent to 25 (twenty five) percent of the auctioned/

tendered amount as security for due observation of the terms and conditions of

settlement which shall be refunded after the expiry of the period of settlement

ǐबहार गजट (असाधारण), 4 ǐदसà बर2024

Competent Officer (as defined in the Rules) after the expiry of the settlement

period, if the settlee is not otherwise defaulter in payment.

Rule 29B (3) shall be substituted as follows:-

Rule-29B (3) Mode of payment of Royalty/Settlement amount-(i) Other than

security deposit, the settlee shall pay the settlement amount as per the following

time table/payment schedule.

Installment

Due Date of payment

First installment (50%)

(a) Before execution of lease agreement (for

first year)

(b) Sixty days before completion of one

year from the date of execution of lease

agreement during the first year and followed

by same procedure in consecutive years.

Second installment (25%)

Before completion of 03 months from the

commencement of each concession year.

Third installment (25%)

Before completion of 06 months from the

commencement of each concession year.

At the time of payment of first installment by the settlee in each concession year, post-

dated cheque for the amount of second and third installments shall be deposited before

the concerned Collector/Mining Officer.

29 (G) shall be substituted as follows:-

Removal of Silt- On the written report/recommendation of the Water Resources

Department, for the purpose of maintaining the flow of the river/canal route, the

silt deposited in the river/canals shall be disposed of by the Collector by selecting a

contractor for a fixed period through e-auction. The contractor/highest bidder shall

obtain all the necessary statutory No Objection Certificates (NOC) from the

competent authority and shall dispose of the silt by following the prescribed

procedure of the rules.

Provided that if the working area is forest land/ wildlife protected area

(PA)/ Eco Sensitive zone (ESZ), auction shall be conducted only after obtaining

Forest Clearance, Wildlife Clearance as the case may be and Environmental

Clearance.

10.

Rule-30 (1), (2), (3) and (4) along with heading shall be substituted and a new

sub rule (6) shall be added as follows:-

30- Penalty on settlee in case of breach of terms.-

(1)

In case of not installing sign board, not demarcating boundary and in case of

other violations mentioned in the table, following penalty shall be imposed

by the Collector against the settlee-

Sl. No.

Type of violation

Penalty (in Rs.)

Not installing sign board

50,000/-

Not demarcating with GIS Map/ Geo

Co-ordinates

5,00,000/-

Not sprinkling water

50,000/-

Not having adequate lighting

arrangements

50,000/-

Not maintaining register of

production/dispatch

5,00,000/- for first violation

and Rs. 10,00,000/- for

second violation

Not planting trees as per mining plan

50,000/-

ǐबहार गजट (असाधारण), 4 ǐदसà बर 2024

(2)

(i) For mining within the restricted area, penalties shall be imposed under

Section 21 (1) of the Mines and Minerals (Development and Regulation) Act.

Also, action shall be taken to cancel the mining lease.

(ii) In case of mining outside the mining lease area, the quantity of excavated

mineral shall be assessed and the cost of mineral as defined in Rule 56 shall

be recovered by the Collector.

(3)

In case of sand mining more than the permissible depth in the mining lease

area, the quantity of excavated sand shall be assessed for the first and second

time and the cost of mineral as defined in Rule 56 shall be recovered by the

Collector from the concerned settlement holder.

Provided that whenever the mineral concession holder is found

involved in such offence under sub-rule-2 (ii) and sub rule 3, for the third

time or more, the settlement of that particular sand ghat may be temporarily

suspended by the Collector for a maximum period of one month until the

violations are rectified and the penalty is deposited. If the violations are not

rectified within the time given by the Collector in this regard, then the

settlement of that particular sand ghat may be suspended for a maximum

period of 03 months after giving the settlement holder an opportunity of

being heard. No claim for compensation shall be accepted during the period

of suspension. Thereafter, if the violation is not rectified or the penalty is not

deposited, action for cancellation of mineral concession shall be taken by the

Collector.

(4)

Transportation of minor minerals shall be carried out only in covered

vehicles painted in a specific colour and wet sand shall not be loaded in the

vehicles. In case Minor mineral is transported without being specifically

coloured, wet sand or uncovered and tampering/switching off the GPS

device, following penalties may be imposed-

Sl.

No.

Subject

Fine (in Rs.)

On Transportation of uncovered

minor mineral

Tractor

5,000/-

Other heavy

vehicles

25,000/-

On transporting wet sand

Tractor

5,000/-

Other heavy

vehicles

25,000/-

On issuance of challan for a

vehicle

painted

without

the

specific colour

for first time

violation

1,00,000/-

For second time violation action will

be taken as per rules considering

illegal mining/dispatch.

On tampering or switching off the

GPS device installed in the

vehicle during sand

transportation.

Tractor

20,000/-

For other heavy

vehicles

1,00,000/-

(6) In case the settlee encourages illegal transportation of minerals (In case

of loading more quantity than the valid challan), penalty of Rs. 5,00,000/-

(Rs. Five lakh) (on each vehicle) for the first time and Rs. 10,00,000/-

(Rs. Ten Lakh) from the second time onwards (on each vehicle) may be

imposed.

ǐबहार गजट (असाधारण), 4 ǐदसà बर2024

11.

A new proviso shall be added in sub rule (1) of rule 33 Grant of Quarrying

Permits as follows:-.

No royalty shall be levied for non-commercial use of ordinary earth.

For commercial use of mining/dispatch of ordinary earth, commercial

license has to be obtained by following the prescribed procedure, for which online

application in the prescribed form will be mandatory to apply and the officer

authorized by Department shall grant the approval within 05 (five) working days

after deposit of advance royalty.

12.

After rule 37 (3), the following new sub-rule 37(4) shall be added as follows: -

37 (4)-Mineral Disposal Permit to be given for removal of the Dhush/Sand

mixed soil required to convert the raiyat land into agricultural land-

Notwithstanding anything contained in these rules, in rivers other than Son, Kiul,

Falgu, Morhar, Chanan and Ganga, where minor minerals/sandy soil is found in

the raiyati land, outside the radius of 03 km (Aerial Distance) from the river bank,

the Collector, after verification by the Circle Officer, may grant a permit to remove

and use any minor mineral/sandy soil on the report of the concerned Mining

Officer. Concerned raiyat shall submit an application to the Mining Officer for

issuance of permit for disposal of the said mineral. The said permission may be

granted for a maximum period of One year for the specified quantity after advance

payment of applicable royalty to the government and other taxes and obtaining all

prevailing statutory clearances. 5 (Five) working days is fixed as time limit for

this.

13.

Rule 38 (6) shall be substituted as follows:-

38 (6) –If the brick earth remover / brick kiln owner fails to submit the required

Environmental Clearance from the competent authority as notified by MoEF& CC

and / or the required Emission Consent Order from the Bihar State Pollution

Control Board (BSPCB), the Competent Officer/ Regional Officer, Bihar State

Pollution Control Board/ Sub Divisional Officer/ Circle Officer shall stop the

business and report the matter to competent authority as notified by MoEF & CC/

BSPCB for initiating penal provisions for violation of rules..

14.

Rule 39(1) shall be substituted as follows:

Rule 39 (1) Every person who carried business of minor/major mineral beyond

any lease hold area shall obtain a stockist license from the Mining Officer in Form

“K” which shall be displayed at a conspicuous place of business and shall

maintained proper accounts of purchase and sale of all such minerals in a register

in form-H which shall be produced before the Mines Commissioner, Director of

Mines, Additional Director of Mines and Deputy Director, Mines or Mining

Officer or any other officer authorized by the State Government, for inspection.

The fee/required condition for obtaining the license according to the size of the

business shall be as follows-

(a)

Small Businessmen- For maximum storage of 25,000 (Twenty Five

Thousand) cubic feet of minor minerals at the storage license site,on

payment of an application fee of Rs. 5,000 (Rs. Five Thousand), license can

be obtained for One calendar year, which can be renewed every year on

payment of an application fee of Rs. 5,000/- (Rs. Five Thousand). In case

such license holder installs CCTV cameras at the storage site, the license

can be obtained at one go for five years on payment of application fee of Rs

20,000/- (Rs. Twenty Thousand).

ǐबहार गजट (असाधारण), 4 ǐदसà बर 2024

(b)

Medium Businessmen- For storage of 25,000 (Twenty Five Thousand)

cubic feet to 1,00,000 (One Lakh) cubic feet of minor mineral at storage

license site, on payment of an application fee of Rs. 50,000 (Rs. Fifty

Thousand), license can be obtained for Five years. It will be mandatory for

such licensee to install CCTV camera, his own Weighbridge or joint

Weighbridge at the storage place. Such licensee may use public

weighbridge, but it will be mandatory for that weighbridge to have CCTV

camera installed (integrated with Department).

(c)

Large Businessmen- For storage of minor minerals from 1,00,000 (One

Lakh) cubic feet to 10,00,000 (Ten Lakh) cubic feet, on payment of

application fee of Rs 2,00,000/- (Rs. Ten Lakh) ) storage license can be

obtained for five years. It will be mandatory for such licensee to install

Weighbridge and CCTV cameras at the storage place.

(d)

All installed weighbridge and CCTV cameras shall be mandatorily

integrated with the departmental portal

15.

After Rule 41, a new second proviso shall be added as follows: -

Provided that it will be mandatory for all vehicles carrying minor minerals from

other states to have Transit Pass (TP).The regulatory fee for this will be determined

by the department.

16.

Rule-44 shall be substituted as follows-

Rule 44: Restrictions on vehicles carrying minerals-(i) The State Government

may impose reasonable restrictions on vehicles carrying any minor mineral and

may require them to adhere to certain specifications.

(ii)

The State Government may require installation of GPS or such other device

in transport vehicles as may be necessary and give such directions as it may

consider appropriate.

(iii)

The State Government shall make mandatory to specific colour and words

mandatory for the identification of vehicles used in mineral transportation.

(iv)

Transportation of minerals through waterways shall be carried out as per

The Bihar Ferry ghat Settlement and Management Act, 2023 and rules

promulgated under this Act.

17.

Sub-rule (1) and sub-rule (2) of rule 56 will be substituted as follows:-

56- Illegal mining, transportation and storage of minerals-

(1) (i) No person shall extract or remove or undertake any mining operation in any

area without holding any mineral concession, permit or any other

permission granted or permitted under these rules.

(ii) No person shall transport or store any mineral without a valid challan. Also,

minerals will not be transported by unrealistic, unregistered and non-

commercial vehicles.

(2)(1) For violation of the above, penalty shall be imposed under Section 21 (1) of

the Act.

(ii) Where complainant is the District Mining Officer or Assistant Director or

Mine Inspector, after the written permission of the Collector, he may either

before or after the institution of the prosecution, compound the offence of

violation above sub-rule (1) (ii)on payment of cost of mineral and

compound fee as mentioned below:-

Sl.

No.

Vehicles/equipment

Compound fee

(in Rs.)

tractor and trolley

1,00,000/-

Matador/Half Truck 407, 408

2,50,000/-

ǐबहार गजट (असाधारण), 4 ǐदसà बर2024

Sl.

No.

Vehicles/equipment

Compound fee

(in Rs.)

Full Body Trucks/Vehicles (06 Wheel)

4,00,000/-

Dumper (Hydraulic 06 wheel) / 10 and

above

8,00,000/-

Crane, boat, excavator, loader, power

hammer, compressor, drilling machine

and

other

equipment/machines

similar capacity.

10,00,000/-

(iii) If the complainant is a Deputy Director or Additional Director or Director

of Mines or any other official authorized by the Government may, exercise

the power of compounding only after the permission of the Mines

Commissioner.

(iv) Compounding fee mentioned in the table, twenty-five times of the royalty

may be imposed from the violator in lieu of the cost of the mineral,

compensation for environmental damage and tax payable for acquiring land

without legal rights.

Provided that in case of vehicles/machines other than the

vehicles/machines mentioned above, the compounding fee along with the

mineral cost will not be less than twenty five thousand rupees.

(vi) In case of transportation with valid challan, when the quantity of mineral

loaded in the vehicle is more than the quantity mentioned in the challan by

5 percent, then the authorized officer may be able to recover the mineral

price only for the difference quantity as per sub-rule-2 (iv). .

(vi) In case of storage of quantity different from the valid challan, in addition to

the mineral cost as per sub-rule 2 (iv), a penalty of Rs 5,00,000/- (Five

Lakh) may be imposed. In case of transportation, the assessment of

quantity shall be determined only with Weighbridge and in case of storage,

it shall be determined only through Drone/Total station/The odolite etc.

18.

Rule-57 shall be substituted as follows:-

Seigniorage Fees in Government Projects-

(1)

The contractor of Government Works Department shall submit challan/permit

related to transportation of minor minerals for his scheme and project to

concerned Works Department.

If the contractor of the Government Works Department failed to

submit a valid challan/permit for the minor minerals used for the schemes

and projects to the concerned Works Department, the mineral cost under Rule

56 (2) (iv) shall be deducted from suppliers/contractors and deposited in the

concerned Mining Head.

(2)

All Government Departments will deduct Seigniorage Fee from their

suppliers or contractors for using any minor mineral purchased from within

the State or outside the State. Such Seigniorage Fee shall be at a flat rate of

10 (ten) percent of the mineral value involved in the estimate and shall be

deducted by the Works Department from their supplier/ works contractors

and deposited in the respective mining head.

The State Government by notification, may increase or decrease the

Seiniorage Fee from time to time..

(3)

Royalty will not be payable on minor minerals supplied from other states.

ǐबहार गजट (असाधारण), 4 ǐदसà बर 2024

19.

Paragraph 6 of Part-IX General Provisions of Form-B will be substituted as

follows:-

Part-IX General Provisions of Form-B Paragraph-6 The lessee having first paid

and discharged the rents and royalties payable by virtue of these presents may at

the expiration or sooner determination of the said term or within six calendar

months thereafter take down and remove for his own benefit all or any machinery,

plant, building, minerals excavate/ produced/crushed during the lease period and

other works erections and conveniences which may have been erected, set up on

placed by the lessee in or upon the said lands.

Provided that the excavated/produced/crushed minor minerals shall be

removed from the lease area within a maximum of 60 days and as per requirement,

after obtaining storage license under Rule 39, the minerals shall be removed from

the lease area and stored at the licensed site.

By order of the Governor of Bihar,

Narmdeshwar Lal,

Principal Secretary to the Government.

————

अधी¢क, सिचवालय मुġणालय,

ǐबहार, पटना Ʈारा Ĥकािशत एवं मुǐġत।

ǐबहार गजट (असाधारण) 1146-571+10-डी0टȣ0पी0।

Website: http://egazette.bih.nic.in