Section 22 in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019
22.
Any mineral concession in the form of a mining lease shall be settled by means of public auction cum tender only through e- bidding mode and as per the procedure laid in the latest notification issued by the State Government in this regard or as decided by the State Government in this regard from time to time.(1)For the purpose of grant of mineral concession by public auction cum tender the Collector shall notify the following particulars of the area, namely:-(a)Toposheet No. extent of the area and boundaries.(b)Name of village, Circle, Plot No. Khata No. etc.(c)The period of mineral concession.(d)Date of auction shall be notified before one month from the date of auction.(2)Every bidder of mineral concession shall file required documents before public auction cum tender as notified by the State Government in this regard from time to time including.(a)Clearance Certificate in respect of mining dues, such as royalty or dead rent and surface rent as obtained from competent officer.(b)An affidavit stating that the applicant has-(i)Filed up-to-date income tax return.(ii)Paid the income tax assessed on his total income.(c)Amount equivalent to 10[ten percent] of auction amount as security which shall be adjusted with the last installment of auction amount if the mining leaseholder is not otherwise defaulter in payment. In case of unsuccessful bidder the security deposit shall be refunded by the Collector.(3)Payment of bid amount.-The bid amount shall be deposited in yearly basis in equal installments and each installment shall be deposited sixty days before the completion of one year from the date of execution of the lease during the first year followed by the same procedure in the consecutive years.Provided that leases executed before the commencement of this rule shall continue to deposit yearly instalments before 31st January of every year.Provided further that notwithstanding repugnant in these Rules or otherwise the settlee shall pay extra royalty for the quantity of mineral extracted and dispatched in excess of the quantity equivalent to bid amount.(4)Default in payment.-If any installment shall not be deposited before prescribed period, 24 percent simple interest shall be charged up to two months and after that action for cancellation shall be taken.(5)Fixation of Minimum Reserve Value.-The fixation of minimum reserve value shall be as decided by the Department from time to time.(6)Failure on the part of the successful bidder.-In case the successful bidder fails to deposit the required security deposit along with other payable taxes within the prescribed time limit as referred to in the prevailing notification of the State Government in this regard, his security deposit shall be forfeited and a fresh settlement process through public auction shall be initiated.
