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State of Bihar - Section

Section 2 in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019

2. Definitions.

(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 the 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)'Competent authority' means the authority for exercise of such powers and carrying out of such functions as specified in these rules and shall include officer authorised by the Central Government as per the Environment Impact Assessment Notification and Environment Protection Act in case of granting Environmental Clearance;
(v)'Carrier' means any mode or conveyance of facility by which Ore/mineral is transported from one place to another and it includes mechanized device, person, animal, Cart, Boats;
(vi)"Department" means the Department of Mines and Geology, Government of Bihar;
(vii)"Divisional Commissioner" means the Commissioner of a Division appointed as such by the State Government;
(viii)"Director of Mines" means the Director of Mines appointed as such by the State Government;
(ix)"Export" means to take out of the State of Bihar otherwise than across a customs frontier as defined by the Central Government;
(x)"Form" means a form set out in schedule I appended to these rules;
(xi)"Government" means the State Government of Bihar;
(xii)"Import" means to bring into the State of Bihar otherwise than across a customs frontier as defined by the Central Government;
(xiii)"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;
(xiv)"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;
(xv)"Minor Minerals" means minor minerals as defined in clause(e) of Section 3 of the Mines and Minerals (Development and Regulation) Act, 1957 and includes such minor minerals as notified by the Ministry of Mines in their Notification No. SO 423(E) dated 10.02.2015;
(xvi)"Mineral Concession" means a mining lease or settlement in respect of minor minerals and includes quarrying permits, permitting the mining of minor mineral(s) in accordance with the provisions of these rules;
(xvii)"Mineral Concession Holder/ Settlee/Lessee" means a person(as defined in these rules) holding a valid Mineral Concession for quarrying/raising stone, sand and other minor minerals from the settled/ lease hold area and would also include the plural there of;
(xviii)"Mining Plan" means a plan prepared by a Recognized Qualified Person (RQP) on behalf of Department /mineral concession holder of minor minerals and includes progressive and final mine closure plans;
(xix)"Mining Officer" means the officer as mentioned under these rules;
(xx)"Person" means an individual, a firm, a company, an association or body of individuals, an institution or department of the State Government or Central Government;
(xxi)"Prescribed" means prescribed by these rules or guidelines;
(xxii)"Public Demand" means public demand as defined under Bihar & Orissa Public Demands Recovery Act, 1914 (Act 4 of 1914);
(xxiii)"Quarrying Permit" means a permit granted under chapter VII of these rules to extract and remove any minor minerals in specified quantities from the specified areas;
(xxiv)"Recognized Qualified Person" means a person who has been notified/empanelled as such by the Department;
(xxv)"Sandghat" means a sand bearing area from where sand may be extracted and transported by means of a carrier;
(xxvi)"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;
(xxvii)"Schedule" means a schedule appended to these rules;
(xxviii)"Transport" means to remove from one place to another within the State of Bihar;
(xxix)"Works Department" means departments of the Central or State Government including Company, Corporation, Undertakings, Autonomous body of the Government engaging works contractors for any kind of construction on its behalf;
(xxx)Works Contractor" means an individual, a firm, a company, an association or body of individuals who under an agreement, with the Works Department work for the said Department.
(2)Words and expressions used but not defined in these Rules shall have the same meaning which is assigned to them in the Act.Chapter-II Establishment and Control