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State of Bihar - Section

Section 45 in Bihar Minor Mineral Concession Rules, 1972

45. [ Application for revision. [Substituted by S.O. 861 dated 11.7.1983.]

(1)
(a)The Commissioner, at any time for reasons to be recorded in writing, may on his own motion, and where any person aggrieved by any order passed by the Collector under these rules files an application within 60 days from the date of communication of the order, and within 75 days from the date on which an application is deemed to have been refused by the Collector, if no communication is made of such refusal, shall start a proceeding for revision of the order:
Provided that an application for revision may be entertained even after the time specified as above if the applicant satisfies the Commissioner that he had sufficient cause for not making the application within time.]
(b)[xxxx] [Sub-rule (b) omitted and its proviso made proviso to sub-rule (a) by S.O. 305 dated 26.3.1985.]
(2)In every '[proceeding] under sub-rule (1) against the order of Collector refusing to grant or renew a mining lease, any person to whom a mining lease was granted or whose lease was renewed in respect of the same area or for a part thereto, shall be impleaded as a party.
(3)Alongwith the application under sub-rule (1) the applicant shall submit as many copies thereof as there are parties impleaded under sub-rule (2).
(4)[ On receipt of the application and copies thereof under sub-rule (2), the Commissioner shall send a copy of the application, and where proceeding is started by him on his own motion, under sub-rule (1) he shall send notices of starting the proceeding and reasons thereof to each of the parties impleaded specifying a date on or before which he may make representation, if any, against the revision application.] [Inserted by S.O. 305 dated 26.3.1985.]Explanation. - For the purposes of this rule, where the Collector has failed to dispose of an application for the grant or renewal of a mining lease within the period specified in respect thereof in these rules, the Collector shall be deemed to have made an order refusing the grant or renewals of such leases on the date on which such period expires.