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State of Madhya Pradesh - Section

Section 2 in M.P. Minor Mineral Rules, 1996

2. Definitions.

- In these rules, unless the context otherwise requires,-
(i)"Act" means the Mines and Minerals (Regulations and Development) Act, 1957 (No. 67 of 1957);
(ii)"Agreement" means an agreement to quarry and carry away anyone or more minor minerals specified therein;
(iii)"Assessment" means the assessment levied under these rules with reference to the extent of minor minerals extracted;
(iv)"Assessee" means a person holding a quarry lease or [trade quarry] [Substituted by Notification No. F-19-10-99-XII-2, dated 30-05-2001.] and includes any other person who holds a quarry of minor minerals granted under these rules save as exempted under rules;
(v)"Assessment Year" means the yearly period beginning from the date of commencement of the lease and ending on 31st December for the first year of the lease and thereafter from 1st January to 31st December or part thereof;
[(v-a) "Assessing Authority" means Mining Officer, Assistant Mining Officer and Mining Inspectors posted in the district;] [Inserted by Notification No. 19-53-87-XII-2, dated 19-06-1997.]
(vi)"Appellate Authority" means the Government or any other authority vested with such powers under these rules;
(vii)"Below Poverty Line" means the family of below poverty line as declared by the State Government from time to time;
(viii)"Competent Authority" means a competent authority appointed by the State Government to carry out the provisions of these rules;
(ix)
(a)"Collector" and "Additional Collector" of Senior IAS Scale have the same meaning respectively assigned to them in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959);
(b)"Commissioner" of a revenue division of Madhva Pradesh have the same meaning assigned to it in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959);
[(ix-a) "Corporation" shall have the same meaning as assigned to it in the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956).] [Inserted by Notification No. F-19-53-87-XII-2, dated 19-6-1997.]
(x)"Dead Rent" and "Royalty" have the meanings respectively assigned to them in the Act;
(xi)"Director" Means the Director of Geology and Mining, Madhya Pradesh;
(xii)"Joint Director", "Deputy Director", "Geologist", "Assistant Geologist", "Mining Officer", "Assistant Mining Officer", "Mining Inspector" means the respective officers of Directorate of Geology and Mining, Madhya Pradesh or any officer nominated as such by the Director or Collector for the purpose;
(xiii)"Educated Unemployed" means a person-
(a)who is holding at least High School Examination Certificate i.e., 10th pass in 10+2 system of the Madhya Pradesh Board of Secondary Education;
(b)who is a resident of Madhya Pradesh;
(c)who is above 18 years but below 35 years of age;
(d)who belongs to a family of below poverty line;
(e)Who has not availed of any facility under any other scheme, for Educated Unemployed at any time;
(xiv)"Form" means a form appended to these rules;
(xv)"Gram Panchayat", "Janpacl Panchayat", "Zila Panchayal" and "Gram Sabha" have the same meanings respectively assigned to them in the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);
(xvi)"Lessee" means a person who has been granted a quarry lease [...] [Omitted by Notification No. F-19-10-99-XII-2, dated 30-05-2001.] under these rules and include any contractor, sub-lessee, and agent whether appointed as such or not who acting or purporting to act on behalf of the lessee takes part in the management, supervision, extraction and dispatch of mineral;
[(xvi-a) Trade quarry means a quarry for which the right to work is auctioned; [Inserted by Notification No F-19-10-99-XII-2, dated 30-05-2001.](xvi-b) "Contractor" means a person who holds a trade quarry.]
(xvii)"Co-operative Society" has the same meaning assigned to it under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961), and "Association" means a body of persons associated for its objects the promotion of the economic interest of its members and is registered under the Madhya Pradesh Cooperative Societies Act, I960;
(xviii)"Member of Scheduled Castes" means a member of any caste, race or tribe, or part of or group within a caste race or tribe specified as such with respect to the State of Madhya Pradesh under Article 341 of the Constitution of India;
(xix)"Member of Scheduled Tribes" means a member of any tribe, tribal community or part of or group within a tribe or tribal community specified as such with respect to the State of Madhya Pradesh under Article 342 of the Constitution of India;
(xx)"Member of Other Backward Classes" means a person belonging to other backward classes as notified by the State Government from time to time;
(xxi)"Minor Minerals" means the minerals as specified in Schedule I and appended lo these rules and any other mineral which the Government of India may, by notification in the official gazette, declare to be a minor mineral under Section 3 (e) of the Act;
(xxii)"Mining Operation" and "Quarrying operation" means any operation undertaken for the purpose of mining any minor mineral and shall include erection of Machinery, construction of roads and other preliminary operations for the purpose of quarrying and concomitant operation of handling and transport of minerals up to the point of dispatch;
[(xxii-a) "Municipality" shall have the same meaning as assigned to it in the Madhya Pradesh Municipalities Act 1961 (No. 37 of 1961);] [Notification by No. 19-53-87-XII-2 dated 19-06-1997.]
(xxiii)"Quarry permit" means a permission granted under these rules to extract and remove any minor mineral in any specified period;
(xxiv)"Public Place" means roads, public buildings, reservoirs, irrigation canals. Tanks, Water Courses, village paths, religious places. Burial ground etc.;
(xxv)"Quarry Lease" means a mining lease for minor minerals as mentioned in section 15 of the Act:
(xxvi)"Railway" and "Railway Administration" have the meanings respectively assigned to them in the Indian Railways Act, 1989 (No. 24 of 1989);
[xxvi-a) "Special area" shall have the same meaning as assigned to it in the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).] [Inserted by Notification No. 19-53-87-XII-2, dated 19-06-1997.]
(xxvii)"Schedule" means a Schedule appended to these rules;
(xxviii)"State Government" means the Government of Madhya Pradesh;
(xxix)the expressions "Mine" and "Owner" have the meanings respectively assigned to them in the Mines Act. 1952 (35 of 1952);