Section 24 in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019
24. Application for grant of mining leases.
- Notwithstanding anything contained in this rules any application for grant of mining lease shall be disposed of in the following manner-(1)(a)A mining lease except of granite shall be granted by the Collector,(b)Mining lease of granite shall be granted by the State Government.(2)Every application for a mining lease in respect of any mineral shall be made in Form "A" to the competent officer or any other officer authorised by the Collector.(3)Every application for a mining lease shall be accompanied by a fee of Rs. 10,000/- 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.(5)Every application shall be accompanied by an affidavit stating that the applicants has-(a)filed Income-Tax returns up-to-date;(b)paid the Income- Tax assessed on him; and(c)paid the Income-Tax on the basis of self assessment as provided in the Income-Tax Act, 1961.(6)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 -(a)already holds under a mining lease;(b)has applied for but has not been granted; and(c)being applied for simultaneously.(7)Every application for grant of mining lease, where the land is not owned by the applicant shall be accompanied by a statement in writing that the applicant has obtained surface right over the area or has obtained the consent of the owners for starting miming operation Provided that no such statement shall be necessary where the land is owned by the State Govt.Provided further that consent of the raiyats/owners of the land for starting mining operations in the area or part thereof shall be furnished after execution of the lease deed but before entry into said area;When an application for a mining lease is not accompanied by the papers specified in sub rules (2) to (7), it shall be rejected by the Competent Officer within a period of 15 days from the date of its receipt.
