Section 9 in Bihar Minor Mineral Concession Rules, 1972
9. Application for grant of mining leases.
- [(1) Except of Granite] [Substituted by S. O. 5572 dated 18.10.95.](a)[ A mining lease except of granite shall be granted by the Collector,] [Inserted by S. O. 5572 dated 18.10.95.](b)Mining lease or prospecting licence of granite shall be granted by the State Govt.(2)Every application for a mining lease in respect of any land shall be made in Form "A" to the [Competent-Officer] [Substituted for 'Collector' by S. O. 867 dated 21.8.1972.] or any other officer authorised by the Collector.(3)Every application for mining lease shall be accompanied by a fee of [Rs. 2000,] [Substituted by S. O. 1063 dated 16.10.1989.] and details of the land in respect of which the mining lease is applied for, and, where so required, certified copy or copies of the relevant extracts of the record of rights.(4)[ Every application for mining lease shall be accompanied by a valid clearance certificate of payment of mining dues such as royalty or dead rent, surface rent and cess upto the end of last financial year [in respect of all mineral concessions held in the State of Bihar.] [Substituted by S.O. 1133 dated 19.8.1978.]][ x x x x] [Omitted by S. O. 1063 dated 16.10.1989.](6)[ Every application shall be accompanied by an affidavit stating that the applicant has-(i)filed Income-Tax returns up-to:date;(ii)paid the Income-Tax assessed on him; and(iii)paid the Income-Tax on the basis of self assessment as provided in the Income-Tax Act, 1961.(7)Every application shall be accompanied by an affidavit showing particulars of areas mineral wise in such State, which the applicant or any person jointly with him-(i)already holds under a mining lease;(ii)has applied for but has not been granted; and(iii)being applied for simultaneously."(8)Every application shall be accompanied by a statement in writing that the applicant, has, where the land is not owned by him, obtained surface right over the are or has obtained the consent of the owners for starting prospecting operation; provided that no such statement shall be necessary where the land is owned by the Government.] [Inserted by S. O. 1063 dated 16.10.1989.][Provided that consent of the raiyats/owners of the land for starting prospecting/ mining operations in the area or part thereof shall be furnished after execution of the lease deed but before entry into said area:Provided further that no consent shall be required in the case of renewal where consent has already been obtained during the lease.] [Inserted by S.O. 5572 dated 18.10.95.](9)[ When an application for a mining lease is not accompanied by the papers specified in sub-rules (2), (3), (4) and [6, 7, & 8] [Sub-rule 3 re-numbered as (9) and inserted by S. O. 1063 dated 16.10.1989.] it shall be rejected straightway by the Competent Officer within a period of 15 days from the date of its receipt.]
