Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017
No: -- Dated: Jan, 01 2017
Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017
No. Kha. Ni.-2/Vidih-41/2006-245/M, dated 27.1.2018 - In exercise of the powers conferred by Section 23-C(1) and Section 23-C(2) of the Mines and Minerals (Development and Regulation) Act, 1957 (as amended in 2015), the Government of Jharkhand hereby makes the following rules:-
1. Short Title, Extent and Commencement. - (i) These rules may be called "The Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.
(ii) It extends to the entire State of Jharkhand.
(iii) It shall come into force on the date of notification.
2. Definitions. - (1) In these rules, unless the context otherwise requires:
(a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957) and as amended in time to time;
(b) "Collector" means "Deputy Commissioner" of the District.
(c) "Competent Authority" means "Additional Chief Secretary, Principal Secretary, Secretary, Mines Commissioner and Director, Mines appointed or authorized by the State Government";
(d) "Competent Officer" means Deputy Commissioner of the district and District/Assistant Mining Officer of the district or any gazetted officer authorized by the Deputy Commissioner of the district;
(e) "Carrier" means any mode or conveyance or facility by which mineral is transported from one place to another and includes mechanized device, person, animal or cart;
(f) "Dealer " means any person who is ;
(i) Engaged in purchase, storage, sale, transportation and processing of mineral(s) anywhere in the State for commercial gain through mineral based activity. However the purchaser utilizing the mineral for personal consumption shall be exempted.
(ii) Carrying out export/import of mineral(s)
(g) "Dealer's registration" means a registration granted under these rules authorizing a person, to store and engage in the transaction to buy or sell and transport of minerals defined in clause (k) below;
(h) "Department" means Department of Industries, Mines and Geology, Government of Jharkhand ;
(i) "Form" means "Prescribed Forms"
(j) "Government" means State Government of Jharkhand;
(k) JIMMS - means Jharkhand Integrated Mines 86 Mineral Management System under the Department of Industries, Mines and Geology.
(l) "Mineral" means, minerals of all types (except the atomic minerals in part B of schedule-1 of Mines and Minerals (Development and Regulation) Act, 1957, and varieties including precious and semiprecious and un-cut stones and minor minerals as specified in section 3(e) of the mines and minerals (Development and Regulation) Act, 1957 (central Act, 67 of 1957) as amended in time to time and Jharkhand Minor Mineral Concession Rule, 2004 and as amended time to time for the purpose of these rules;
Explanation. - Any mineral shall remain a mineral by reason of being subjected to any process like crushing, burning, breaking, drying, cutting, polishing, pulverizing, or any other procedure intended to make the mineral fit or suitable for sale or consumption.
(m) "Mines Commissioner" means Additional Chief Secretary, Principal Secretary, Secretary, Industries, Mines and Geology Department, Government of Jharkhand or any other officer appointed or authorized as Mines Commissioner by the state government.
(n) "Notification" means a notification published by Government of Jharkhand;
(o) "Permit" means permit granted under these rules;
(p) "Transport Challan" means a challan issued by the officer authorized by the Government for lawful transportation of any mineral raised in accordance with the provisions of the Act and the rules made their under by a carrier, which is issued to a Mineral Dealer; and
(q) "Year" means financial year.
(2) Terms not defined in these rules will have the same meaning assigned to them under the Act or the rules framed there under.