(1)In these Rules, unless otherwise required in the context-(i)"Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957);(ii)"Collector" means Collector-cum-District Magistrate of a district or any person appointed by the Government to exercise the powers and perform the functions of the Collector-cum- District Magistrate;(iii)"Competent Officer" means -(a)in the case of grant of quarrying permits in land notified as reserved and protected forest under the Indian Forest Act, 1927 (Central Act XVI of 1927), where the actual mining operation involved is merely removal from the surface or from a depth not exceeding five feet and to a limit of 10,000 cubic feet only, Divisional Forest Officer of the reserved and protected areas concerned, and;(b)in all other cases in respect of all lands, and sub-soil including any right in mines and minerals whether discovered and whether being worked or not, the Mining Officer of the District;(iv)"Corporation" means Bihar State Mining Corporation;(v)"Department" means the Department of Mines and Geology, Government of Bihar;(vi)"Divisional Commissioner" means the Commissioner of a Division appointed as such by the State Government;(vii)"Director of Mines" means the Director of Mines appointed as such by the State Government;(viii)"Export" means to take out of the State of Bihar otherwise than across a customs frontier as defined by the Central Government;(ix)"Government" means the State Government of Bihar;(x)"Import" means to bring into the State of Bihar otherwise than across a customs frontier as defined by the Central Government;(xi)"Local Authority" means a Municipal Committee, District Board or other authority legally entitled to, or entrusted, by the Government with the control or management of a municipal or local fund;(xii)"Licensing Authority" means an officer who is authorized to grant, suspend and cancel a mining lease, retail license, movement permit or any other license etc under the Act & these rules;(xiii)"Mines Commissioner" means the Commissioner of Mines and Geology, Bihar, or any other Officer authorized in this behalf by the State Government to perform the duties of Commissioner under these rules;(xiv)"Minor Minerals" means minor minerals as defined in clause (e) of Section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 and(a)includes such minor minerals like sand, morram, chips, stones, boulder, bricks, brick earth, ordinary earth used for land filling, ctjh @ cksYmj found in the river bed, decorative stone, China clay, quartz, marble, sand stone, silica sand, etc; and(b)includes such minor minerals as notified by the Ministry of Mines in their Notification No. SO 423 dated 10.02.2015;(xv)"Mineral Disposal Permit" means a permit given for disposal of -(a)minor minerals/silt/flyash/jhama/raabish or any byproduct excavated or generated during the process of maintenance/drainage of any drain or canal or river;(b)minor minerals/silt/flyash/jhama/raabish or any byproduct excavated or generated during the process of construction or repair or demolition of any building or structure;(c)minor minerals/silt/flyash/jhama/raabish or any byproduct excavated or generated or accumulated due to floods or dispersed through any production activity;Note: - A person having a Mineral Disposal Permit need not require a Movement Permit, as defined in Rule 2(1)(xx) to transport the above minerals from one place to another.(xvi)"Mining Lease" means a mining lease or settlement in respect of minor minerals and includes quarrying permits and any other mineral concession, permitting the mining of minor mineral(s) in accordance with the provisions of these rules;(xvii)"Mining Plan" means a plan prepared by a Recognized Qualified Person (RQP) on behalf of Settlee of minor minerals and includes progressive and final mine closure plans;(xviii)"Mining Officer" means the officer as mentioned under Rule 5 of these rules;(xix)"Mining Revenue" means revenue derived or derivable from any royalty, fee, tax, payment (other than a fine imposed by a Criminal Court) or confiscation imposed or ordered under these rules or any other law for the time being in force relating to minerals;(xx)"Movement Permit" means an authorization granted under these rules for movement of any minor mineral from one place to another;(xxi)"Place" includes building, house, shop, boat, booth, vessel, raft, vehicle, conveyance or tent enclosure;(xxii)"Public Place" means any place to which public has access whether as a matter of right or not and includes all places visited by public and also includes any open space;(xxiii)"Police Station" means a police station as defined under clause (s) of Section 2 of the Code of the Criminal Procedure , 1973 ( Act 2 of 1974);;(xxiv)"Prescribed" means prescribed by these rules or guidelines;(xxv)"Public Demand" means public demand as defined under Bihar & Orissa Public Demands Recovery Act, 1914 (Act 4 of 1914);(xxvi)"Recognized Qualified Person" means a person who has been notified as such by the Department under the Rule 20;(xxvii)"Retail License" means a retail license granted under these rules for carrying on any retail activity of minor minerals and includes any brick production activity;(xxviii)"Sandghat" means a sand bearing area from where sand may be extracted and transported by means of a carrier;(xxix)"Settlee" means a person (as defined in these rules) holding a valid settlement/lease for quarrying/raising sand and other minor minerals from the settled/ lease hold area and would also include the plural there of;(xxx)"Settlement" means a mining right given on behalf of the Government to quarry, win, work and carry away sand and other minor mineral(s) specified therein through a competitive bidding process as notified by the State Government;(xxxi)"State Government" means the State Government of Bihar;(xxxii)"Sand Policy, 2013" means the Sand Policy as notified by the State Government vide its notification no. 2214 dated 27.08.2013;(xxxiii)"Temporary Structure" means any structure which does not require foundation to be erected and is easy to dismantle, very easy to change the configuration of the structure;(xxxiv)"Transit" means to move from one State to another State through the State of Bihar;(xxxv)"Transport" means to remove from one place to another within the State of Bihar;(xxxvi)"Warehouse" means a place where storage of minor mineral is permitted;(xxxvii)"Works Departments"- means Departments of the State or Central Government who are engaged in executing public projects like roads, rail, buildings, dams, water supply etc.
