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State of Bihar - Section

Section 56 in Bihar Minor Mineral Rules, 2017

56. Power to Suspend or Cancel Mining Lease, Retail License or Permit.

(1)The Collector shall be competent to cancel any mining lease of any Settlee/licensee of a retailer in his district. He shall also be competent to cancel any movement permit issued under these rules.
(2)Subject to such restrictions as the State Government may prescribe, the Collector may suspend or cancel and forfeit the Security Deposit/Earnest Money Deposit of any mining lease or retail license or movement permit in the following circumstances after giving reasonable opportunity of being heard -
(a)if the mining lease or license or movement permit is transferred or sublet by the holder thereof; or
(b)if any mining revenue payable by the holder thereof is not duly paid; or
(c)in the event of any breach by the holder of such mining lease, any license or movement permit or by his servant or agent, or by any one acting on his behalf, with his express or implied permission, of any of the terms and conditions of such mining lease, any license or movement permit; or
(d)if the holder of mining lease or any license or movement permit or his agent or employee is convicted of an offence punishable under the Act or these Rules or any other law for the time being in force, relevant and connected with mining matters or matter relating to mining revenue or of any cognizable and non-bailable offence under any other relevant law; or
(e)if the purpose for which the mining lease, the license or movement permit was granted ceases to exist; or
(f)if the mining lease, the license or movement permit has been obtained through misrepresentation or fraud; or
(g)If the Settlee/license holder has violated any of the conditions mentioned in these rules; or
(h)If the Settlee/licensee fails to obtain the environmental clearance within three months or violates any of the condition mentioned therein; or
(i)If the Settlee/licensee fails to start mining operation within three months from the date of signing the Agreement; or
(j)If, for any other reason, the Collector is prima facie satisfied, that the mining lease or the license or the movement permit is fit to be cancelled.
(3)For any action taken under subsection (1), the Settlee/licensee shall not be eligible for any compensation or refund or deposit whatsoever.
(4)Notwithstanding anything mentioned above, in case of detection of any violation of the Act, these rules and any other condition of the mining lease or any license or movement permit, the State Government or the Collector may, apart from cancelling the mining lease/license/movement permit, also impose suitable financial penalties and/or criminal prosecution.
(5)Any such penalties levied shall be recoverable under the Public Demand Recovery Act, 1914 (Act 4 of 1914).