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[Cites 0, Cited by 0] [Section 2] [Entire Act]

State of Haryana - Subsection

Section 2(1) in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

(1)In these rules, unless the context otherwise requires,-
(i)'Act' means the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957);
(ii)'appellate authority' means the Government or any authority vested with such powers under these rules or any other authority empowered by the Government to perform such functions;
(iii)'authorised officer' means a person or officer authorised by the State Government by notification in the Official Gazette to exercise such powers and to perform such functions under these rules;
(iv)'boundary pillar' means cemented pillar of size sixty centimetre x sixty centimetre with one metre height and fifty centimetre foundation with the yellow paint and marked lease/contract number and pillar number along with Global Positioning System (in short, GPS) readings in black paint;
(v)'carrier' means any mode of transport or facility by which mineral or its products are transported either in raw or processed form from the place of raising or from one place to another and includes any mechanized device, person, animal or cart;
(vi)'cess' means a duty imposed and collected on any minor mineral in accordance with the provisions of the Act;
(vii)'competitive bid' means an amount offered by the participant in the open auction or tender process under these rules;
(viii)'competent authority' means the authority for exercise of such powers and carrying out of such functions as specified in these rules;
(ix)'contractor' means a person holding a mining contract under these rules;
(x)'contract money' means the amount to be paid by the contractor(s) for raising the mineral(s) from the area granted on contract;
(xi)'dead rent' means the minimum amount payable in a year by the person granted a mining lease under these rules irrespective of the fact as to whether or not he operates/ could operate the area fully or partly;
(xii)'dealer' means any person stocking and/ or carrying on the business of trading of minerals in raw or processed form;
(xiii)'department' means the Mines and Geology Department;
(xiv)'Director' means the Director of Mines and Geology, Haryana;
(xv)'District Monitoring Committee' means a committee constituted by the State Government for each district in the State to monitor the working of mines and minerals, its transportation, storage, stocking and other operations in accordance with the applicable rules and laws;
(xvi)'form' means a form appended to these rules;
(xvii)'fund' means the Mines and Mineral Development, Restoration and Rehabilitation Fund created and established under these rules;
(xviii)'Government' means the Government for the State of Haryana acting through its Administrative Secretary;
(xix)'lessee' means a person holding a valid grant of lease for raising the minerals from the area granted on lease and would include the plural thereof;
(xx)'letter of intent' (LoI) means a 'Letter of Intent' issued to the successful bidder on acceptance of the bid for grant of a mining lease or contract or permit or a mineral concession granted in any other form under these rules;
(xxi)'licensing Authority' means the Director, Mines & Geology, Haryana;
(xxii)'licensee' means holder of a Mineral Dealer License granted under these rules for the purpose of storing, stocking, trading and dispatch of mineral/mineral products either in raw or processed form;
(xxiii)'mineral concession' means a mining lease or a mining contract or permit in respect of minor mineral and includes quarrying permits and any other mineral concession, permitting the mining of minor mineral in accordance with the provisions of these rules;
(xxiv)'mining contract' means a mining contract given on behalf of the Government to carry, win, work and carry away any minor mineral(s) specified therein through a competitive bidding process as notified by the Director;
(xxv)'mineral dealer license' means the license granted under these rules;
(xxvi)'mining dues' means and includes any of the dues on account of royalty, dead rent, contract money, amount payable towards the Mines and Mineral Development, Restoration and Rehabilitation Fund, interest on delayed payments or any fee or any other sum in respect of a mineral concession granted under these rules;
(xxvii)'mining lease' means a lease granted under these rules to mine, search, undertake excavation for winning of mineral and to carry away any minor mineral(s) specified therein;
(xxviii)'mining operations' means any operation carried out for the purpose of winning any mineral except mineral oils;
(xxix)'mining plan' means a plan prepared by a recognised qualified person (RQP) on behalf of mineral concession holder of minor mineral and includes progressive and final mine closure plans;
(xxx)'mineral products' means minerals in any raw or processed form, bricks, dressed stone, rock aggregates, chips, ballast, stone dust, sand, and/or any product to be prepared from minerals without involving any chemical changes;
(xxxi)'mineral transit pass' means a document issued by the mining officer-in-charge to the lessee/ contractor/ permit holder/ mineral dealer for lawful dispatch and transportation of any mineral(s) raised;
(xxxii)'mineral transport permit' means a permit issued by the Director or an officer authorized by him to the carrier owner to use such carrier for lawful transportation of mineral(s) raised in accordance with the provisions of the Act;
(xxxiii)'officer-in-charge' means an officer of the Department holding charge of one or more districts and by whatever designation known such as the Assistant Mining Engineer or an Assistant Geologist or a Mining Officer;
(xxxiv)'permit' means a mineral concession, other than a lease or a contract, granted for a period of up to two years in specified cases;
(xxxv)'presiding officer' means the Director or any other officer authorised by him to preside over the process of inviting competitive bids;
(xxxvi)'processing' means all physical processes such as pulverising and/ or grinding and/ or powdering or washing of minerals in such a way that no chemical change takes place by that process and includes cutting and polishing process of slate, granite blocks or marble blocks or blocks of any other types of rocks;
(xxxvii)'producer' means any person carrying on the business of extracting/ producing/ collecting minerals or mineral aggregates in raw or processed form including the licensee of a registered metal mineral unit, as the case may be, in accordance with the provisions of the Act or rules made there under;
(xxxviii)'rules' means the rules made under the Mines and Minerals (Development & Regulation) Act, 1957 (67 of 1957);
(xxxix)'Schedule' means a Schedule appended to these rules;
(xl)'scheme of mining' means a scheme prepared by a recognised qualified person (RQP) on behalf of mineral concession holder for systematic and scientific mining of minor mineral;
(xli)'scientific mining' means and refers to mining operations consistent with the approved mining plan/scheme of mining, clearances/permissions granted by the competent authority;
(xlii)'scientific test' means any test conducted for geological or chemical analysis of minerals and rocks exclusively for academic and research purposes without any commercial motive;
(xliii)'stock-yard' or 'sale-depot' means any place where a mineral or its products are stored and stocked in any raw or processed form for commercial purposes;
(xliv)'un-authorised mining' means any mining operation undertaken without any valid mineral concession granted under the Act;
(xlv)'unscientific mining' means and refers to the manner of undertaking mining operations not consistent with the mining plan/scheme of mining approved, clearances/ permissions granted by the competent authority;