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State of Bihar - Section

Section 38 in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019

38.

(1)Consolidation of royalty on brick earth. - Notwithstanding anything contained in these rules, the State Government shall determine a consolidated amount of royalty which may be revised once in three years, to be paid by the Brick Kiln owner/brick earth remover per kiln per annum as mentioned in Schedule III-B of the Rules to the State Government on a fixed number of bricks for every classified area.Provided that the State Government may for the purposes of determining the consolidated amount of royalty to be so paid classify the place into different categories taking such facts into account which the State Government think proper.
(2)Authorisation of Sub divisional Officer and Circle Officer to take action. - The Sub Divisional Officer (SDO) and Circle Officer of the area concerned shall be duly authorized to function in the manner provided under this Rule.
(3)Grant of Quarrying permit for Brick Earth. - On an application made to the Mining Officer by an applicant and on submission of the required documents as prescribed in Rule 34 of these rules along with the required Environmental Clearance from competent authority as notified by MoEF & CC, a No Objection Certificate and Emission Consent order from the Bihar State Pollution Control Board and the consolidated amount of royalty as per Schedule III 'B' of the rules, He/She shall grant a quarrying permit in form 'D' for extraction and removal of brick earth in respect of any brick kiln for a particular brick season from any specified land within the limits of his jurisdiction.
(4)Mode of Payment. - The brick kiln owner/brick earth remover shall pay the consolidated amount of royalty per kiln per annum as per Schedule III 'B' of the rules to the State Government for different areas within the date as prescribed for the particular brick season shown in the table below:-
Sl. no. Date of deposition of consolidated amount ofroyalty Amount to be paid
1. By 30th November 95% of consolidated royalty in one installment
2. By 31st December 100% of consolidated royalty in one instalment
3. By 31st January 105% of consolidated royalty in one instalment
4. By 28/29th February 110% of consolidated royalty in one instalment
5. By 31st March 115% of consolidated royalty in one instalment
6. By 30thJune 150% of consolidated royalty in one instalment
7. After 30th June 200% of consolidated royalty in one instalment
(5)Action for default in payment. - If the brick earth remover /brick kiln owner fails to make payment of the consolidated amount of royalty in the manner so prescribed of that particular Brick season, he/she shall not be allowed to carry on the business and the competent officer or any other officer duly authorised in this behalf by the State Government shall be competent to stop such business.Explanation. - For the purpose of this rule-
(a)Business means and includes laying, burning or selling of brick by brick earth remover/ brick owner and such other activities as are associated with manufacturing of bricks.
(b)For the purpose of this rule brick earth remover means and includes person or persons by whom or on whose behalf the brick earth is removed for manufacturing bricks.
(c)For the purpose of this rule brick kiln owner means a person who owns the bricks kiln or on whose behalf bricks are manufactured in that kiln and includes manager, agent and lessee of such person
(6)Action for non-submission of required clearance from comp competent authority as notified by MoEF & CCIf 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/ 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.Chapter- IX Storage of Minor /major Minerals Beyond Lease Hold Area