Section 2(1) in Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016
(1)In these rules, unless the context otherwise requires,-(i)"Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) ;(ii)"Appellate Authority" means the authority designated as such under rule 85 of these rules ;(iii)"Assessee" means a person holding Mining lease, Quarry licence, a Short Term Permit or a Disposal Permit and includes any other person who has excavated or removed or used, or is excavating or removing or processing or using, minor mineral/minerals ;(iv)"Assessing Authority" means Assessing Authority designated by Government as such ;(v)"Assessment Year" means the period of twelve months commencing from the first day of April every year ;(vi)"Authorized Officer" means an officer authorized by the Government to exercise such powers and to perform such functions as prescribed under these rules ;(vii)"Brick Earth" means earth used for making bricks and shall include all types of earth used for construction of dams, canals, roads, rail embankments and other identical purposes ;(viii)"Building Stone" means any rock or mineral used as building or construction material ;(ix)"Boundary Pillar" means concrete pillar of size 100x50x50 centimeter painted yellow and marked with lease/contract number and pillar number along with coordinates;(x)"Carrier" means any mode of transport or facility, by which mineral or its products are transported either in raw or processed form from the place of raising or from one place to another and includes any mechanized device, person, animal or cart ;(xi)"Competent Authority" means the authority competent to grant of mining lease under rule 42 of these rules ;(xii)"Competitive bid" means an amount offered by the participant in the open auction under these rules ;(xiii)"Concessionaire" means a person holding a Mining Lease, Mining Licence, Quarry License, Short Term Permit and Disposable Permit granted under these rules ;(xiv)"Department" means the Department of Geology and Mining, Government of Jammu and Kashmir ;(xv)"Director" means Director of Geology and Mining, Government of Jammu and Kashmir ;(xvi)"District Environment Committee" means the committee to be constituted by the Ministry of Forest and Environment, Government of India to oversee the environmental issues pertaining to the concerned district ;(xvii)"District Mineral Foundation" means a nonprofit Trust to be formed in each District of the State by the Government which will work under the State mineral foundation;(xviii)"Dead Rent" means the minimum amount payable in a year by a person holding a Mining Lease or Mining Licence under these rules notwithstanding such lessee/licensee operating the area fully or partly ;(xix)"Disposal Permit" means a permit granted for removal of minor minerals from the agricultural or horticulture land or State land or Kahcharai or Shamilat land or Forest land where minor minerals have been deposited due to weathering. However, the Kahcharai and Shamilat lands shall be governed by J&K Land Revenue Act ;(xx)"Environment Committee" means the committee constituted by the Ministry of Forest and Environment, Government of India to oversee the environmental issues in this regard ;(xxi)"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) ;(xxii)"Environment Management Plan (EMP)" means a plan submitted by Lessee or Licensee falling in a cluster which is prepared by Recognized Qualified Person approved by the Environment Committee of Government of Jammu and Kashmir for providing environmental safeguards ;(xxiii)"Excavation" means extraction or digging and or collection/removal of minor minerals from any land, river, nallah, canal or hillock;(xxiv)"Family" means the applicant, his father and mother whether living jointly or separately, his wife, sons and unmarried daughters ;(xxv)"Form" means form appended to these rules;(xxvi)"Fund" means the Mines and Mineral Development, Restoration and Rehabilitation Fund;(xxvii)"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 in the standard format as per the guidelines issued by the Indian Bureau of Mines or the Government ;(xxviii)"Financial assurance" means the sureties furnished by the Concessionaire to the Director so as to indemnify the authorities against the reclamation and rehabilitation cost ;(xxix)"Government" means the Government of Jammu and Kashmir ;(xxx)"Guarantee Amount" means non-refundable amount payable for grant of concession in addition to other dues payable under these rules through open auction ;(xxxi)"Illegal Mining" means and refers to the manner of undertaking mining which is inconsistent with mining plan or scheme of mining, clearances given and permissions granted under the Act and rules ;(xxxii)"Lessee" means a person holding a valid Mining Lease under these rules ;(xxxiii)"Letter of Intent (LOI)" means a letter of intent issued to the successful bidder on acceptance of the bid/application for grant of a mining lease, quarry licence ;(xxxiv)"Licensing authority" means the Director or officer Incharge as defined in clause (xLvii) ;(xxxv)"Mineral dealer licence" means holder of' a mineral license granted under these rules for the purpose of storing, stocking, trading and dispatch of mineral/minor mineral and their products ;(xxxvi)"Minor Mineral Block" means an area not less than 05 hectares and more than 50 hectares in a continuous stretch of land/water body, having defined limits with the evidence of one or more minor minerals that can be feasibly exploited ;(xxxvii)"Minor Mineral Plot" means an area not less than 01 hectares and not more than 05 hectares in a continuous stretch of land/ water body, having defined limits with the evidence of one or more minor minerals that can be feasibly exploited ;(xxxviii)"Mineral Concession" means a Mining Lease, Mining Licence, Quarry License, Short Term Permit and Disposable Permit in respect of minor mineral permitting the mining of minor mineral in accordance with these rules ;(xxxix)"Mining Dues" means and includes any of the dues on account of royalty, dead rent amount payable towards the Mines and Mineral Development, Restoration and Rehabilitation Fund, interest on delayed payments or any fee or amount payable under these rules ;(xL)"Mining Lease" means a lease granted under these rules to undertake excavation and to carry away any minor mineral specified therein ;(xLi)"Mining Operations" means any operation undertaken for the purpose of mining any minor mineral ;(xLii)"Mining Plan" means a plan prepared by a Recognized Qualified Person (RQP) on behalf of mineral concession holder of minor mineral and includes progressive and final mine closure plans duly approved under these rules and without which mining activity cannot be undertaken ;(xLiii)"Mineral Products" means minerals/minor minerals in any raw or processed form ;(xLiv)"Mineral Transit Pass" means a document issued by the Director, Geology and Mining to the Officer-in-charge of the concerned District to the Lessee/licensee/permit holder/contractor for lawful dispatch and transportation of mineral(s) raised for which Director, Geology & Mining shall maintain logbook/challan issuance book which shall be audited annually ;(xLv)"Mineral Transport Permit" means a permit issued by the Director or an Officer authorized by him to the carrier or machine owner to use such carrier or machine for lawful mining and transportation of minerals raised in accordance with the provisions of the Act ;(xLvi)"Minor Mineral" means minor mineral as defined in section 3(e) of the Act ;(xLvii)"Officer-in-Charge" means an officer of the Department from disciplines of Mining/Geology possessing the qualification of a Degree or Diploma in Mining or M.Sc Geology and designated as Incharge of a particular district by the Government ;(xLviii)"Open Auction/e-auction" Open auction or e-auction means bidding by the competitors online or through physical presence before the auction committee for grant of mineral concessions ;(xLix)"Processing" means all physical processes such as pulverizing and/or grinding and /or powdering or washing of minerals in such a way that no chemical change takes place by that process and includes cutting and polishing process of slate, granite blocks or marble blocks or blocks of any other types of rocks ;(Li)"Producer" means any person carrying on the business of extracting, producing or collecting minerals or mineral aggregates in raw or processed form including the licensee of a registered metal mineral unit, as the case may be, in accordance with the provisions of the Act or rules made there under ;(Lii)"Progressive Mine Closure Plan" means a Progressive Plan for the purpose of providing protective, reclamation and rehabilitation measures in a mine or part thereof that has been prepared in a manner specified in the standard format and guidelines issued by the Indian Bureau of Mines or Department ;(Liii)"Prescribed" means as may be prescribed from time to time under these rules by the Government ;(Liv)"Quarry" means any area declared as such by the Director or Officer Incharge as authorized by the Government in this behalf ;(Lv)"Quarry License" means a license granted under these rules to excavate minor mineral from any specified mineral deposit or plot ;(Lvi)"Royalty" means the charge payable to the Department in respect of the minor minerals excavated, removed or utilized under these rules from any land including river, nallah, canal or hillock as prescribed in schedule-1 ;(Lvii)"Recognized Qualified Person (RQP)" means a person registered by the Director under these rules as RQP having minimum qualification as detailed in Chapter-II, Rule 11 of these rules ;(Lix)"Schedule" means the schedule appended to these rules ;(Lx)"Short Term Permit" means a permit granted under these rules for excavation, removal and sale of a specified quantity of mineral within a specified period and from a specified area less than 01 hectare ;(Lxi)"Scheme of Mining" means a scheme prepared by a recognized qualified person (RQP) on behalf of concessionary for systematic and scientific mining of minor mineral(s) which would need the Government approval before making it operational ;(Lxii)"Scientific Mining" means and refers to mining operations consistent with the approved mining plan/scheme of mining, clearance/permissions granted by the Director/Officer Incharge ;(Lxiii)"Stock-yard' or 'Sale-depot" means any place where a mineral or its products are stored and stocked in any raw or processed form for commercial purposes ;(Lxiv)"Unscientific Mining" means and refers to the manner of undertaking mining operations not consistent with the mining plan/scheme of mining approved, clearances/permissions granted by the Government Director/Officer Incharge as the case may be ;(Lxv)"Un-authorized mining" means any mining operation undertaken without any valid mineral concession granted under the Act and Rules made thereunder ;(Lxvi)"State Mineral Foundation" There shall be a State Mineral Foundation which will have District Mineral Foundation in every district as per the guidelines issued by the Ministry of Mines, Government of India. Separate notification about collection of resources and functioning of the foundation shall be issued by the Government.Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act. However, wherever word mineral is used in these rules shall include minor minerals also, if otherwise not specified.
