Section 2(1) in Rajasthan Minor Mineral Concession Rules, 2017
(1)In these rules, unless the context otherwise requires, -(i)"Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957);(ii)"Appellate Authority" means the Government or any other authority vested with such powers under these rules or any other authority authorised by the Government to perform the functions of the appellate authority;(iii)"Assessee" means a person holding any mineral concession or a permit and includes any other person who is possessing, trading, processing or using minor mineral;(iv)"Assessing Authority" means Director, Additional Director Mines, Additional Director Mines (Vigilance), Superintending Mining Engineer, Superintending Mining Engineer (Vigilance), Mining Engineer, Mining Engineer (Vigilance), Assistant Mining Engineer, Assistant Mining Engineer (Vigilance) or Revenue Intelligence Officer of the State Director of Revenue Intelligence (SDRI) or any other officer authorised by the State Government to make assessment;(v)"Assessment Year" means the period beginning from the first day of April and ending on the thirty first day of March of the following year or part thereof;(vi)"Assistant Mining Engineer" means Assistant Mining Engineer of the Department of Mines and Geology, Rajasthan having jurisdiction over the area, as may be fixed by the Government, from time to time;(vii)"Assistant Mining Engineer (vigilance)" means Assistant Mining Engineer (vigilance) of the Department of Mines and Geology, Rajasthan having jurisdiction over the area, as may be fixed by the Government, from time to time;(viii)"Bajri" means weathered detritus consisting of graded particles of varying sizes obtained from loose weathered rock material from the provenance, usually found in river beds or basins or paleo-channels also covers river sands;(ix)"Bid Security" means a security provided by a bidder for securing the fulfillment of any obligation in terms of provisions of the bidding document;(x)"Boundary Pillar" means reinforced cement concrete or cemented pillar of size having a base of 0.3m x 0.3m and height 1.30m of which 0.7m shall be above ground level and 0.6m below the ground, painted in yellow colour and top ten centimeters in red colour by enamel paint. Every pillar shall be marked with lease or licence number and pillar number in black paint;(xi)"Brick earth" means earth used for making bricks, kavelus, earthen pots or used for other identical purposes;(xii)"Brick Earth Permit" means a permit granted for specific area and period for excavation and removal of brick earth for making bricks for a particular brick kiln;(xiii)"Building stone" means any rock or mineral which is used as building or construction material;(xiv)"Competent Authority" means the Government or any other authority, authorized by the Government to exercise the powers delegated under these rules;(xv)"Dead Rent" means the minimum guaranteed amount payable for mining lease which is calculated as per the area of the lease and revisable as provided in these rules;(xvi)"Dealer" means any person who carries on the business of buying, selling, storing, distributing or processing of minerals, directly or otherwise for cash or for deferred payment or for commission, remuneration or other valuable consideration or uses minerals as a raw material;(xvii)"Department" means the Department of Mines and Geology, Government of Rajasthan;(xviii)"Departmental web Portal" means mines.rajasthan.gov.in or any website used for exchange of information electronically through information and communication technology by the Government;(xix)"Director" means the Director of Mines and Geology, Rajasthan and includes Additional Director also;(xx)"District Mineral Foundation Trust (DMFT)" means a trust, established by the Government under section 9B of the Act;(xxi)"e-auction" means auction for grant of mining lease, quarry licence, royalty collection contract, excess royalty collection contract or for disposal of any seized mineral, tool, equipment, vehicle or other machinery etc. through electronic platform;(xxii)"Environment" or "Environmental Pollution" shall have the same meanings, as assigned to them in the Environment (Protection) Act, 1986 (Central Act No. 29 of 1986);(xxiii)"Excavation" means digging and/or collecting of minor minerals from any land;(xxiv)"Excess Royalty Collection Contract" means a contract to collect royalty in excess of annual dead rent and any other charges as may be specified in the contract, on behalf of the Government for specified mineral dispatched by the mining lessee, from the area specified in the contract;(xxv)"Family" means husband, wife and their dependent children;(xxvi)"Final mine closure plan" means a plan for the purpose of decommissioning, reclamation and rehabilitation in the mine, cluster or part thereof after cessation of mining and mineral processing operations that has been prepared in the manner specified and in the standard format as per the guidelines issued by the Indian Bureau of Mines or State Government;(xxvii)"Financial Assurance" means the surety furnished by the holder of mining lease or quarry licence, as the case may be, to the competent authority so as to indemnify the authorities against the reclamation and rehabilitation cost;(xxviii)"Forms" means forms appended to these rules;(xxix)"Government" means the Government of Rajasthan;(xxx)"Illegal Mining" means any prospecting or mining operations undertaken by any person in any area without holding any mineral concession, permit or any other permission granted or permitted under these rules or without any lawful authority, as the case may be.Explanation:. - For the purpose of this clause, -(a)violation of any rules, during prospecting or mining operations in any area under authority of valid mineral concession, permit or any other permission granted under these rules shall not be considered as illegal mining;(b)any area granted under a mineral concession, permit or any other permission granted under these rules, as the case may be, shall be considered as an area held with lawful authority by the holder of such lease, licence or permit while determining the extent of illegal mining; and(c)any research work or field studies carried out by teachers and students of college as a part of their field curriculum shall not be treated as illegal mining.(xxxi)"Mine Closure" means steps taken for reclamation, rehabilitation measures taken in respect of a mine or part thereof commencing from cessation of mining or processing operations in a mine or part thereof;(xxxii)"Mineral Concession" means a mining lease, quarry licence or any other permission granted by competent authority under these rules;(xxxiii)"Mines Foreman Grade I or Mines Foreman Grade II" means Mines Foreman of the Department of Mines and Geology, Rajasthan having jurisdiction over the area fixed by the Mining Engineer, Mining Engineer (Vigilance), Assistant Mining Engineer or Assistant Mining Engineer (Vigilance), as the case may be, from time to time;(xxxiv)"Mining Approach Road" means a stretch of road existing in the mining area constructed mainly for mineral development and declared as such by the Director, from time to time;(xxxv)"Mining Engineer" means Mining Engineer of the Department of Mines and Geology, Rajasthan having jurisdiction over the area, as may be fixed by the Government from time to time;(xxxvi)"Mining Engineer (vigilance)" means Mining Engineer (vigilance) of the Department of Mines and Geology, Rajasthan having jurisdiction over the area, as may be fixed by the Government, from time to time;(xxxvii)"Mining Plan" means a mining plan prepared under these rules and duly approved by the competent authority for the development of minor mineral deposits in the area concerned and includes simplified mining scheme required to be submitted as per the provisions of these rules;(xxxviii)"Ordinary earth" means ordinary earth used for filling or leveling purposes in construction of embankment of dams, canals, roads, buildings, railways etc;(xxxix)"Performance Security" means a security provided for due observance of the performance of the mineral concession or contract;(xl)"Premium amount" means the amount payable as premium under these rules by the applicant, bidder or concession holder, as the case may be;(xli)"Progressive mine closure plan" means a plan, for the purpose of providing protective, reclamation and rehabilitation measures in a mine or part thereof that has been prepared in the manner specified and in the standard format as per the guidelines issued by the Indian Bureau of Mines or State Government;(xlii)"Quarry Licence" means a licence granted under these rules wherein a licensee is required to pay fixed annual licence fee exclusive of royalty;(xliii)"Rawanna" means the rawanna or e-rawanna duly issued by the department or electronically generated from the departmental web portal and includes any other system notified by the Government for dispatch, consumption or processing of mineral or overburden from a specified area granted under any mineral concession or permit;(xliv)"Royalty" means the charge payable to the Government in respect of the ore or mineral excavated, consumed or removed from any land granted under these rules as specified in Schedule II;(xlv)"Royalty Receipt" means the receipt issued for collection of royalty and/or permit fee or any other charges for mineral dispatch from area under Excess Royalty Collection Contract or Royalty Collection Contract on Check Post or Naka by the department personnel or contractor duly authenticated or e-authenticated by the department;(xlvi)"Royalty collection contract" means a contract to collect royalty with or without permit fees and any other charges, as the case may be, on behalf of the Government for specified mineral dispatched, by the quarry licencee or permit holder, from the area specified in the contract;(xlvii)"Schedule" means the Schedule appended to these rules;(xlviii)"Scheduled Areas" means Scheduled area of Rajasthan as referred to in clause (1) of Article 244 of the Constitution of India;(xlix)"Scheduled Bank" means a Bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934);(l)"Security Deposit" means a deposit provided for due observance of the terms and conditions of the mineral concession or contract;(li)"Short Term Permit" means a permit granted under these rules for excavation and removal of a specified quantity of mineral from a specified area within a specified period;(lii)"State" means the State of Rajasthan;(liii)"Superintending Mining Engineer" means Superintending Mining Engineer of the Department of Mines and Geology, Rajasthan having jurisdiction over the area concerned, as may be fixed by the Government, from time to time;(liv)"Superintending Mining Engineer (vigilance)" means Superintending Mining Engineer (vigilance) of the Department of Mines and Geology, Rajasthan having jurisdiction over the area concerned as may be fixed by the Government, from time to time;(lv)"Surveyor or Senior Surveyor" means Surveyor of the Department of Mines and Geology, Rajasthan having jurisdiction over the area as may be fixed by the Mining Engineer, Mining Engineer (Vigilance), Assistant Mining Engineer or Assistant Mining Engineer (Vigilance), as the case may be, from time to time;(lvi)"Tenant" means the tenant as defined in the Rajasthan Tenancy Act, 1955 and includes agricultural worker and village artisan; and(lvii)"Transit Pass" means a pass including e-transit pass duly issued by the Department or generated online, to the lessee, stockist, trader, dealer etc. for lawful transportation of royalty paid mineral.
