Section 3(1) in The Rajasthan Minor Mineral Concession Rules, 1986
(1)In these rules, unless the context otherwise requires:(i)"Act" means the Mines and Minerals (Development & Regulation) Act, 1957 (Central Act 67 of 1957);(ii)"Appellate Authority" means the Government or any other authority vested with such powers under these rules or any other authority empowered by the Government to perform such functions;(iii)"Assessee" means a person holding a mining lease or a short term permit and includes any other person who has excavated, removed or used or is excavating, removing, processing or using minor mineral or minerals save as exempted under rule 58;(iv)"Assessing Authority" means Superintending Mining Engineer/Mining Engineer or Assistant Mining Engineer and shall include Superintending [[Mining Engineer (Vigilance)/Assistant Mining Engineer (Vigilance)] [Substituted by Rajasthan Gazette Extra Ordinary dated 30/05/2011] and Revenue Intelligence Officer of State Director of Revenue Intelligence (SDRI);](v)[ "Assessment Year" means the period beginning from the first day of April and ending on the thirty first day of March of the following year or part thereof] [Substituted by Rajasthan Gazette Extra Ordinary dated 16/09/2000];(vi)"Assistant Mining Engineer" means Assistant Mining Engineer of the Department of Mines & Geology, Rajasthan having jurisdiction over the area concerned as may be fixed by the Government from time to time.[(vi-a) "Assistant Mining Engineer (Vigilance)" means Assistant/Mining Engineer (Vigilance) of the Department of Mines and Geology, Rajasthan having jurisdiction over the area, as may be fixed by the Government, from time to time.] [Inserted by Notification No. G.S.R. 69, dated 21.11.2016 (w.e.f. 4.3.1986).][(vi-b) "Boundary Pillar" means cemented pillar of size 0.6m x 0.6 m. having one meter height and 0.5 meter foundation painted with the yellow paint and marked lease/licence/prospecting licence number and pillar number by black paint.] [Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011](vii)"Brick earth" means earth used for making bricks. Kavelus and earthen pots and [***] [Deleted by Rajasthan Gazette Extraordinary dated 09/10/2012] other identical purposes;(viii)"Building stone" means any rock or mineral which is used as building or construction material and includes such Minerals as specified in the schedule-I;[(vi-a) "Assistant Mining Engineer (Vigilance)" means Assistant/Mining Engineer (Vigilance) of the Department of Mines and Geology, Rajasthan having jurisdiction over the area, as may be fixed by the Government, from time to time;] [Inserted by Notification No. G.S.R. 69, dated 21.11.2016 (w.e.f. 4.3.1986).][(viii-b) "Cluster" means the geographical boundary declared by the Director comprising of mining leases/quarry licences/short term permits which already exists or to be granted in future. The area of a cluster declared by the Director, as far as possible, shall not exceed 50 sq kms and mineral concessions area at the time of formation of cluster shall not exceed 100 hectare;] [Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012](ix)"Competent Authority" means the Government or any other authority authorised by the Government to carry out the provisions of these rules;(x)[ "Dead Rent" means the minimum guaranteed amount payable for mining lease which is calculated as per the area of the lease and revisable as provided in these rules] [Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012];[(x-a) "Dealer" means any person who carries on the business of buying, selling, supplying, distributing or processing of minerals directly or otherwise whether for cash or for deferred payment or for commission remuneration or other valuable consideration] [Inserted by Rajasthan Gazette Extraordinary dated 29/08/1996];(xi)"Department" means the Department of Mines and Geology, Government of Rajasthan;(xii)"Director" means Director of Mines & Geology, Rajasthan and includes Additional Director also;[(xii-a) "District Mineral Foundation Trust (DMFT)" means a trust established under sub-section (1) of Section 9-B of the Act;] [Inserted by Notification No. G.S.R. 69, dated 21.11.2016 (w.e.f. 4.3.1986).][(xii-b) "e-tender" or "e-auction" means the use of information and communication technology (specially the internet) for conducting the procurement of goods/works/services or tender or auction for mining lease or royalty collection contract or excess royalty collection contract. The complete tendering process including advertising, issuance of bidding document, receipt of bids, bid opening, clarification and modification, financial evaluation of bids and notification; [Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011]Note: For clarification of doubts, pre-qualification, pre-bid conference, technical evaluation and negotiation, if required and permitted under these rules shall be conducted manually.][(xii-c) "Environment" and "Environmental Pollution" shall have the same meanings, as assigned to them in the Environment (Protection) Act, 1986 (Central Act No. 29 of 1986); [Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012](xii-d) "Environment Management Plan (EMP)" means a plan submitted by association of lessees/licensees/short term permit holders falling in a cluster which is prepared by recognised person and approved by the district level environment committee for providing environmental safeguards;](xiii)"Excavation" means digging and/or collecting of minor minerals from any land;[(xiii-a) "Excess Royalty Collection Contract" means a contract for specified mineral(s) and area given to collect royalty in excess of annual dead rent and also to collect other charges as may be specified in the contract, on behalf of the Government from the holder of mining lease(s) under the contract where under the contractor shall pay a fixed amount annually to the Government as per terms of the contract;] [Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012][(xiii-b) "Family" means husband, wife and their dependent children;] [Inserted by Rajasthan Gazette Extraordinary dated 28/01/2011][(xiii-c) "Final mine closure plan" means a plan for the purpose of decommissioning, reclamation and rehabilitation in the mine, cluster or part thereof after cessation of mining and mineral processing operations that has been prepared in the manner specified and in the standard format as per the guidelines issued by the Indian Bureau of Mines or State Government; [Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012](xiii-d) "Financial Assurance" means the sureties furnished by the holder of mining lease/quarry licence/short term permit to the competent authority so as to indemnify the authorities against the reclamation and rehabilitation cost;(xiii-e) "Mine Closure" means steps taken for reclamation, rehabilitation measures taken in respect of a mine or part thereof commencing from cessation of mining or processing operations in a mine/cluster or part thereof;][(xiii-f) "Mining Approach Road" means a stretch of road existing in the mining area constructed mainly for mineral development and declared as such by the Director, from time to time;] [Inserted by Rajasthan Gazette Extra Ordinary dated 02/11/2012](xiv)"Mining Engineer" means Mining Engineer of the Department of Mines and Geology, Rajasthan having jurisdiction over the area concerned as may be fixed by the Government from time to time;(xv)"Mining Engineer (Vigilance)" means the Mining Engineer (Vigilance) of the Department of Mines and Geology, Rajasthan having jurisdiction over the area concerned, as may be fixed by the Government from time to time;[(xv-a) "Mining Plan" means a mining plan prepared under these rules and duly approved by the competent authority for the development of minor mineral deposits in the area concerned and includes simplified mining scheme required to be submitted as per the provisions of these rules;] [Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012][(xv-b) "Ordinary earth" means ordinary earth used for filling or levelling purposes in construction of embankment of dams, canals, roads, buildings, railways etc.;] [Inserted by Rajasthan Gazette Extra Ordinary dated 09/10/2012](xvi)"Forms" means forms appended to these rules;(xvii)"Government" means the Government of Rajasthan;(xviii)"Mines Foreman Gr. I and Mines Foreman Gr. II" means Mines Foreman of the Department of Mines & Geology, Rajasthan having jurisdiction fixed by the Mining Engineer/[Mining Engineer (Vigilance)/Assistant Mining Engineer/Assistant Mining Engineer (Vigilance)] [Substituted 'Assistant Mining Engineer' by Notification No. G.S.R. 69, dated 21.11.2016 (w.e.f. 4.3.1986).] from time to time;[(xviii-a) "Progressive mine closure plan" means a plan, for the purpose of providing protective, reclamation and rehabilitation measures in a mine or part thereof that has been prepared in the manner specified and in the standard format as per the guidelines issued by the Indian Bureau of Mines or State Government;] [Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012](xix)"Quarry Licence" means a licence granted under these rules wherein a licensee is required to pay fixed annual licence fee exclusive or inclusive of royalty, as the case may be;[(xix-a) "Recognised person" means a person to whom recognition is granted, by the Director or officer authorised by him, under these rules or a person recognised under rule [22C] [Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012] of the Mineral Concession Rules, 1960 to prepare mining plan;][(xix-b) "Rawanna" means the rawanna issued for dispatch of mineral produced from a specified area under prospecting licence/mining lease or [short term permit/permit] [Inserted by Rajasthan Gazette Extra Ordinary dated 09/10/2012]. The rawanna shall be in form no.12 duly issued by the Department;(xix-c) "Royalty Receipt" means the royalty receipt issued for collection of royalty and/or permit fee for mineral dispatch from area under Excess Royalty Collection Contract or Royalty Collection Contract on Check Post or Naka by the contractor. The royalty receipt shall be in form no.12-A or 12-B as the case may be duly authenticated by the Department;](xx)"Royalty" means the charge payable to the Government in respect of the ore or mineral excavated, removed or utilized from any land as prescribed in schedule-I;(xxi)[ "Royalty Collection Contract" means a contract for specified mineral(s) given to collect royalty with or without permit fees, as the case may be and also to collect other charges as may be specified in the contract, on behalf of the Government from the holder of quarry licensees and from the area specified in the contract where under the contractor shall pay a fixed amount annually to the Government as per terms of the contract;] [Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012](xxii)"Schedule" means the Schedule appended to these rules;[(xxii-a) "Scheduled Areas" means Scheduled area of Rajasthan as referred to in clause (i) of Article 244 of the Constitution of India;. [Inserted by Rajasthan Gazette Extra Ordinary dated 28/01/2011](xxii-b) "Scheduled Bank" means a Bank as defined in clause(e) of section 2 of the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934);](xxiii)"Short Term Permit" means a permit granted under these rules for excavation and removal of a specified quantity of a mineral within a specified period and from a specified area;(xxiv)"Superintending Mining Engineer" means Superintending Mining Engineer of the Department of Mines & Geology, Rajasthan having jurisdiction over the area concerned as may be fixed by the Government from time to time;(xxv)"Superintending Mining Engineer (Vigilance)" means the Superintending Mining Engineer (Vigilance) of the Department of Mines & Geology, Rajasthan having jurisdiction over the area as fixed by the Government from time to time;[(xxv-a) "Surveyor/Senior Surveyor" means Surveyor of the Department of Mines and Geology, Rajasthan having jurisdiction fixed by the Mining Engineer/[Mining Engineer (Vigilance)/Assistant Mining Engineer/Assistant Mining Engineer (Vigilance)] [Inserted by Rajasthan Gazette Extra Ordinary dated 28/01/2011] from time to time.](xxvi)"Tenant" means the Tenant as defined in the Rajasthan Tenancy Act; 1955 (Rajasthan Act 3 of 1955) and includes agricultural worker and village artisan [;] [Substituted by Rajasthan Gazette Extraordinary dated 09/10/2012][(xxvi-a) "Transit Pass" means the transit pass issued for dispatch of mineral from area other than the area under mining lease, prospecting licence, quarry licence or short term permit. The transit pass shall be in form no. 12-C duly authenticated by the Department;] [Inserted by Rajasthan Gazette Extra Ordinary dated 09/10/2012](xxvii)[ "Unemployed Youth" means a person between 18-35 years of age having annual income of less than Rs.25,000/- from all sources.] [Added by Rajasthan Gazette Extraordinary dated 28/01/2011]
