Section 2 in Bihar Coal Mining Area Development Authority Rules, 1988
2. Definitions.
- In these rules unless there is anything repugnant in the subject or context,-(i)"Authority" means the Coal Mining Area Development Authority and will always mean the same in the rules unless wherever the word 'authority' has been used in the different context.(ii)"Chairman" means the Chairman of the Authority appointed under clause (a) of sub-section (3) of section 5 of the Act.(iii)"Managing Director" means the Managing Director of the Authority appointed under section 5 (3) (i).(iv)"Member" means member of the authority appointed/nominated under section 5(3) of the Act.(v)"Secretary" means the Secretary appointed by the State Government under section 7 of the Act.(vi)"Section" means a section of the Act.(vii)"Technical member" means the technical member appointed by the State Government from time to time under section 5 (3) (b) of the Act.(viii)"Chief Town Planner" means the Chief Town Planner, Bihar appointed by the State Government.(ix)"Commissioner" means the Divisional Commissioner who is or who are appointed as member (s) of the Authority under section 5 (3) (d) of the Act.(x)"Chief Medical Officer" means the Medical Officer deputed by the State Government to the Authority from the Senior Selection Grade of the Health Service taken on deputation by the State Government with the concurrence of the authority and appointed in the authority.(xi)"Medical Officer" means the officer or the officers appointed by the Authority or deputed by the Government with the prior concurrence of the Authority, having the minimum qualifications prescribed by the State Government for appointment to the post of Civil Assistant Surgeons.(xii)"Sanitary Inspector" means the persons having requisite qualification as laid down by the Authority appointed to such post by the Authority.(xiii)"Assessment Officer" means a person appointed by the Authority, or the Managing Director to determine the value of the holdings at such periodical intervals as considered necessary by the Authority or at such time as necessary.(xiv)"Public Analyst" shall mean an officer appointed to the post by the Authority possessing all the required qualifications prescribed under the Prevention of Food Adulteration Act, 1954 (Act 37 of 1954).(xv)"Mine" means the mine as defined in section 2(j) of the Indian Mines Act, 1952.(xvi)"Colliery" shall mean the mines for purposes of extraction of Coal and shall include the premises or any other portion of the property of the Colliery whether above ground or below ground which are used for the purposes of extraction of coal from such mines.(xvii)"Building" means any structure for whatsoever purpose and whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls including doors, windows and ventilators, food floors, roofs, including skylights, chimneys, plumbing and buildings services, fixed platform, verandah, balcony, cornice or projection, part of a building services or anything affixed therefrom or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures.(xviii)"Royalty" means any sum payable as a charge for unit of quantity upon the produce of a colliery and includes any fixed payment which may be merged in such charges.(xix)"Colliery Labourer" means a labourer employed in a mine or colliery or residing on colliery premises in a room intended for the habitation of labourer and includes a dependent or relatives of any such labourer or any other person living with him in such a room even though such dependent, relative or persons be not employed in a mine.(xx)"Conservancy" means removal and disposal of sewage, offensive matter and rubbish.(xxi)"Dangerous and Epidemic Diseases" includes pox, cholera, plague and other diseases which the Authority may declare by order to be such.(xxii)"Drain" means a sewage, a house drain, a drain of any other description a tunnel, a culvert, a ditch, a channel and any other device for carrying of sewage, offensive matter or subsoil water.(xxiii)"Food" means every article used for food or drink by person other than drugs and water and any article which ordinarily inters into or is used in the composition or preparation of human food and includes flavouring and colouring matters and spices condiments.(xxiv)"Holding" means land or building or both held under one title or one agreement. It may be given a district name and number which may be put up on a plate affixed on the holding and this may be altered from time to time.(xxv)"Nuisance" means the conduct of any trade or occupation or the keeping of any goods or merchandise which are injurious to the health or physical comforts of the community, the construction of the any building or the disposal of any substance, as is likely to occasion conflagration or explosion, any building, tent or structure or any part of any tree, any tank, well or excavation adjacent to any such way or public place any dangerous animal and such other like matters, which may be hazardous or otherwise may prove injurious to the health and physical comfort of the community in the opinion of Chief Medical Officer.(xxvi)"Offensive Matter" means dirt, dung, putrid, putrefying substances and filth of any kind not included in the term sewage as defined in the rules.(xxvii)"Owner or occupier of any house land, property or premises" means and includes the owner or occupier one or more than one, any person or persons who is/are entitled for the time being to receive any rent, a Manager on behalf of any such person, any agent for such person and a trustee for any person provided that no such Manager, Agent or trustee shall be liable to do anything required by this act to be done by the owner nor shall be subject to any fine for omitting to do such thing unless he has sufficient funds in his hand as such Manager, Agent or trustee to do such things, occupier includes an owner in actual occupation of his own land or building.(xxviii)"Platform" means any structure which is placed on or covers or projects over any road or any open drain.(xxix)"Road" means any road, bridge, footway, lane, square, court, alley or passage which the public or any portion of the public has a right to pass along and includes on both sides, the drains or gutters and the land upto the defined boundary of any abutting property notwithstanding the projection over such lead of any platform, verandah or other superstructure.(xxx)"Rubbish" includes broken brick, mortar, broken glass, kitchen or stable refuse and refuse of any kind which is not included in the term offensive matter.(xxxi)"Sewage" means night-soil and other contents of latrines, privies, urinals, cess-pools and drains and includes polluted water from kitchens, sinks, bath rooms, stables, cattle-sheds and other like places.(xxxii)"Slaughter house" means any place or premises where one or more animals are slaughtered for public sale.(xxxiii)"Butcher's Shop" means any shop or stall where meat is sold or kept for public sale.(xxxiv)"Fish Shop" means any shop or stall where fish is sold or kept for public sale.(xxxv)"Water" - The meaning of water will include both filtered potable water for domestic, commercial and Industrial purposes and unfiltered water for Industrial and other purposes such as road washing sewer flushing and garden watering, etc.(xxxvi)"Service Line" means the pipes and water fittings constructed from outside the member chamber to the premises of the consumer.(xxxvii)"Rising Mains" means the pipe line connecting the source of water to the reservoir or the overhead tank from which water is distributed to the consumer.(xxxviii)"Communication line" will be the pipe laid from ferrule to the meter chamber.(xxxix)"Distribution mains" means the pipe lines laid for carrying water to various areas from distributions.(xl)"Year" means a year when not otherwise specified means beginning on the first day of April.(xli)"person Interested" includes person or persons claiming an interest in compensation to be paid on account of the question of land under these rules and the person shall be deemed to be interested in the easement affecting the land.(xlii)"Company" means a company registered under the Companies Act, 1956 and includes a society registered under the Societies Registration Act, 1960 and a Registered Society within the meaning of the Cooperative Societies from the time being in force in any stage.(xliii)"Annual Financial Statement or Budget" shall mean the statement of the estimated receipts and expenditures of the Authority of each year to be laid before the Authority.(xliv)"Contingency Fund" is a fund which will be determined by the Authority every year and which will be placed at the disposal of the Managing Director to be spent by him at times of necessity to meet such expenditures for which separate specific provisions have not been made or that inadequate provisions have been made by the Authority in the budget.(xlv)"Disbursing Officer" will mean official authorised by the Authority to operate Bank Account of the Authority at one or more places out of the funds placed in that Account.(xlvi)"Revised Estimate" will mean an estimate of the probable receipts or expenditure for a financial year framed in the course of that year with reference to the transaction already recorded and anticipations for the remainder of the year in the light of the orders already issued or contemplated or any other relevant facts.(xlvii)"Supplementary Statement of Receipts and Expenditure" will mean the statement to be paid before the Authority showing the estimated amount of further receipts and expenditure necessary in respect of a financial year over and above the receipts and expenditure for that year.(xlviii)"Chief Accounts Officer" will mean the Head Incharge of the "Accounts Section" of the Authority.(xlix)"Emoluments" will mean pay, leave salary or subsistence allowance and shall include any other allowance other than T.A. sanctioned by the-Authority from time to time.(l)"Despatch of Coal" will mean the despatch of Coal from the pit head for any other destination, including the despatch to any Washery.(li)"Year of Assessment" shall mean the financial year beginning with the 1st day of April and ending with 31st day of March following onward year in relation to the output of mine shall mean the calendar year beginning with 1st day of January & ending with the 31st day of December following.(lii)"Prescribed Authority" means the Managing Director of the Authority or any officer authorised by the Managing Director to act as such. If the Managing Director as the "Prescribed Authority" decides any matter occurring in the Act, rules and regulations, the appeal against his decision will be before the Authority and in case it is decided by any officer other than Managing Director, the appeal will lie before the Managing Director.Words and expressions not defined under these rules shall have the same meaning as defined already in the Act.
