Section 47 in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019
47. Power to Suspend or Cancel Mineral Concession.
(1)The Collector shall be competent to cancel / suspend any Mineral Concession in his district.(2)Subject to such restrictions as the State Government may prescribe, the Collector may suspend or cancel and forfeit the Security Deposit/Earnest Money Deposit of any mineral concession in the following circumstances after giving reasonable opportunity of being heard -(a)if wrong documents have been furnished to obtain mineral concession; or(b)if the mineral concession is transferred or sublet by the holder thereof; or(c)if any mining revenue payable by the holder thereof is not duly paid; or(d)in the event of any breach by the holder of such mineral concession by his servant or agent, or by any one acting on his behalf, with his express or implied permission, of any of the terms and conditions of such mineral concession; or(e)if the holder of mineral concession or his agent or employee is convicted of an offence punishable under the Act or these Rules or any other law for the time being in force, relevant and connected with mining matters or matter relating to mining revenue or of any cognizable and non-bailable offence under any other relevant law; or(f)if the purpose for which the mineral concession was granted ceases to exist; or(g)if the mineral concession has been obtained through misrepresentation or fraud; or(h)If the Mineral Concession Holder has violated any of the conditions mentioned in these rules; or(i)If the Mineral Concession Holder fails to obtain the environmental clearance or violates any of the condition mentioned therein; or(j)If the Mineral Concession Holder fails to start mining operation within three months from the date of executing deed(k)If, for any other reason, the Collector is prima facie satisfied, that the mineral concession is fit to be cancelled.(3)For any action taken under sub-rule (1), the Mineral Concession Holder shall not be eligible for any compensation or refund whatsoever.(4)Notwithstanding anything mentioned above, in case of detection of any violation of the Act, these rules and any other condition of the mineral concession the State Government or the Collector may, apart from cancelling the mineral concession, also impose suitable financial penalties and/or start criminal prosecution.(5)Any such penalties levied shall be recoverable under the Public Demand Recovery Act, 1914 (Act 4 of 1914).
