Section 52 in Bihar Minor Mineral Concession Rules, 1972
52. [ [Added by S.O. 29 dated 24.3.2001.]
(1)(i)For the purpose of grant of quarrying lease by auction in respect of the mineral notified under Rule 9A, 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 quarrying lease.Provided that the period of quarrying lease shall not be less than five years and extent of the quarrying lease area shall not be more than 2 (two) acres.(ii)Date of auction shall be notified before period of one month from the date of auction.(2)Every bidder of mining lease shall file the following documents five days before the auction:-(i)Clearance Certificate in respect of mining dues, such as royalty or dead rent and surface rent as obtained from Competent Officer.(ii)Every application shall be accompanied by an affidavit stating that the applicant has:-(a)Filed up-to date Income Tax return.(b)Paid the Income Tax assessed on his total income.(iii)Deposited the amount equivalent to [10 (Ten) percent] of auction amount as security, which shall be adjusted with the last instalment of auction amount if the mining lease holder is not otherwise defaulter in payment. In case of unsuccessful bidder the security deposit shall be refunded by the Collector within two months after the grant of quarry lease.(3)Withdrawal from bidding-Any bidder, who once has submitted documents as mentioned in sub-rule (2) shall not be withdrawn till the grant of quarry lease is made in respect of the said area.(4)Payment of bid amount-The bid amount shall be deposited in yearly basis in equal instalments and each instalment shall be deposited before 31st January:[Provided that notwithstanding anything repugnant in these Rules or otherwise the settlee shall pay extra royalty for the quantity of stone extracted and dispatched in excess of the quantity equivalent to bid amount.] [Added by Section 5 of Amendment Rules, 2008](5)Default in payment-If any instalment shall not be deposited before prescribed period, 24 percent simple interest shall be charged upto two months and after that action for cancellation shall be taken.(6)Preference in auction-The Collector shall give preference to Public Sector Undertaking of the State or Central Government, Local Bodies and Co-operative Societies duly registered under Bihar & Orissa Cooperative Societies Act, 1935 for grant of quarry lease by public auction in the following manner:-(a)When they have not participated in any Public auction.(b)In case of Co-operative Societies, if they give written offer for more than 5 percent higher amount or minimum auction amount whichever is higher within 48 hours after Public auction.(c)In case of Public Undertaking of State or Central Government and local bodies, if they give written offer for more than 5 percent higher amount than the Co-operative Societies within 48 hours after Public auction, where Co-operative Societies do not give any written offer, in that case of Public Sector Undertaking of State or Central Govt, and local bodies give written offer for more than 10 percent higher amount than the highest bid amount or minimum auction whichever is higher within 48 hours after Public auction.Explanation. - Preference shall be given to only those Co-operative Societies whose members/share-holders usually work as labourers in Panchayat/Panchayats where such mineral deposit occur residing in the Panchayats for which the Societies has been formed and do not own more than five acres of agricultural or homestead land.]
