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State of Bihar - Section

Section 7 in Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003

7. Storage of major mineral and minor mineral beyond lease hold area.

(1)Every person who carries business of major minerals beyond any lease hold area shall obtain a stockist licence from the Competent Officer or any officer authorised by the State Government in Form "C" of this Rule:Provided that for minor mineral the licence under Form 'L' except of stone minerals used for crusher shall be obtained as per the provision of Rule 49 of Bihar Minor Mineral Concession Rules, 1972:Provided further that for stockist licence for stone mineral used for crusher shall be obtained as per the following procedure:-
(a)The number of stone stockist licence for use of crusher shall be determined in inconsonance to the number of leases and its capacity of stone production of a particular area/district as well as capacity of crusher unit.
(b)The number of the stone stockist licence for the use of crusher shall be determined by the State Government on the recommendation of the Collector.
(c)The determined number of stone stockist licence for the use of crusher shall be notified in Official Gazette by the State Government.
(d)Notwithstanding anything contained contrary to this Rule and in Bihar Minor Mineral Concession Rules, 1972, the grant of stone stockist licence shall be strictly on the basis of Public Auction/Tender to the highest bidder/Tenderer as notified by State Government. The State Government shall fix the minimum reserve deposit for the stone stockist licence with the recommendation of Collector. The reserve deposit shall be fixed with regard to district, location, population, state of civil construction,state of industrial construction, state of urbanisation and place of industrial growth in different area of the State:
Provided if the applicants are less than the numbers, as fixed by the State Government, Stone Stockist Licence for use of crusher, Collector of a district after having a prior approval of the State Government may grant licence on payment of agreed amount as decided by the Collector and approved by the State Government.
(e)The State Government may allot upto 20% of total number of stone stockist licence determined for a particular area/district to the nearby district in the interest of industrial development as well as mineral development with the recommendation by the Collector and Dy. Director of the Circle.
(f)The Competent Officer with the approval of the Collector shall publish in a local newspaper widely read in the area with regard to number of stone stockist licences to be granted for use of crusher giving at least one month time for an application under Rule 7(i) (g) proviso of Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules 2003.
(g)The application in prescribed Form "Ca" seeking a stone stockist licence for the use of crusher shall be accompanied in a prescribed manner to the Competent Officer:-
(i)A non refundable treasury challan of Rs. 5000/- (five thousand).
(ii)A character certificate issued by the concerned District Superintendent of Police with regard to the antecedent.
(iii)No objection certificate from Pollution Control Board for establishment of crusher unit.
(iv)A license under Bihar Factory Rules 1950 of The Factories Act 1948 or an affidavit stating that he will submit licence issued under Bihar Factory Rules, 1950 of the Factories Act, 1948 within two months after receiving the stockist licence.
(h)Preference may be given to any person/persons in cluster of crushing machines within 8 kms. from the leasehold/mining areas.
(i)The period of stone stockist licence for the use of crusher shall not be more than 20 years with following condition.
(i)The auction bid/tender amount shall be deposited in yearly basis in equal installments within seven years. Each equal installment shall be deposited before 31st December.
(ii)After payment of installment of auction bid/tender amount or agreed amount up to seven years, renewal of stone stockist licence for the use of crusher shall be made on the deposit of Rs. 5000/- every year up to thirteen years.
(iii)The State Government shall issue a guideline from time to time in this regard.
(j)Default in payment of any installment till prescribed date, a 24 percent simple interest shall be charged up to six month and after that action for cancellation of licence shall be taken.
(k)Every stone stockist licence holder for the use of crusher shall maintain a register in Form 'G' of this Rule.
(2)Every application for stockist licence of major minerals shall be accompanied with following particulars:-
(a)Every application for stockist licence shall be accompanied with a fee of Rs. 500/-.
(b)Every such licence shall be valid for one calendar year.
(c)Every such licence may be renewed on application which shall be accompanied by a fee of Rs. 100/-.
(d)Every such licence holder shall maintain proper accounts of purchase and sale of all such minerals in a register in Form "D" which shall be produced before the Competent Officer or any other officer authorised by the State Government for inspection.