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State of Bihar - Section

Section 26 in Bihar Minor Mineral Concession Rules, 1972

26. [ Rent/royalty and assessment. [Substituted by S.O. 1133 dated 19.8.1978.]

(1)When a lease is granted or renewed:-]
(a)[ Dead rent shall be charged at the rates specified in Schedule I; [Substituted by S.o. 867 dated 21.8.1972.]
(b)Royalty shall be charged at the rates specified in Schedule II; and
(c)Surface rent shall be charged at the rate specified by the Collector from time to time for the area occupied or used by the lessee.]
(2)On and from the date of commencement of these rules, the provisions of sub-rule (1) shall also apply to the leases granted or renewed prior to the date of such commencement and subsisting on such date.
(3)If the lease permits the working of more than one mineral in the same area, the Collector may charge separate dead rent in respect of each mineral:Provided that the lessee shall be liable to pay the dead rent or royalty in respect of each mineral, whichever be higher in amount.[(4] Notwithstanding any thing contained in any instrument of lease the lessee shall pay rent/royalty in respect of any minor mineral own, extracted and removed at the rate specified from time to time in Schedules I and II.] [Sub-rule (4) omitted and sub-rules (5) to (7) re-numbered as (4) to (6) by S.O. 1133 dated 19.8.1978.]
(5)The State Government may, by notification in the Official Gazette, amend the first and second Schedules so as to enhance or reduce the rate at which rents/ royalties shall be payable in respect of any minor mineral with effect from the date of publication of the notification in the Official Gazette.
(6)The [Competent Officer] [Substituted for 'Collector' by S.O. 867 dated 21.8.1972.], after such enquiry and verification as he may deem necessary of the monthly returns furnished by the lessee in Form "H" shall assess the amount of rent/royalty payable by the lessee at the end of the prescribed period.