Jharkhand Minor Mineral (Auction) Rules, 2017

No: -- Dated: Sep, 06 2017

Jharkhand Minor Mineral (Auction) Rules, 2017

    No. 05/kha.No.-JMM(Auction)Rules-02/2017-2302. - In exercise of the powers conferred by section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957), the Governor of Jharkhand exercises power to notify following rules:-

CHAPTER 1

Preliminary

1. Short title and commencement. - (1) These rules may be called the Jharkhand Minor Mineral (Auction) Rules, 2017.

(2) They shall come into force on the date of their publication in the Official gazette.

2. Definitions. - (1) In these rules, unless the context otherwise requires-

(a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957);

(b) "Composite Licence" means prospecting licence-cum-mining lease granted under rule 18;

(c) "Mine Development and Production Agreement" means the agreement referred to in sub-rule (4) of rule 10 or sub-rule (8) of rule 18;

(d) "Preferred bidder" means the bidder referred to in sub-clause (iii) of clause (b) of sub-rule (4) of rule 9;

(e) "Qualified bidders" means the bidder referred to in sub-clause (iv) of clause (a) of sub-rule (4) of rule 9;

(f) "Reserve Price" means the minimum percentage of value of mineral despatched as referred to in sub-rule (1) of rule 8;

(g) "State Government" means Government of Jharkhand.

(h) "Section" means section of the Act;

(i) "Schedule" means a Schedule appended to these rules;

(j) "Successful bidder" means the bidder as referred to in sub-rule (3) of rule 10 or sub-rule (2) of rule 18;

(k) "Technically Qualified Bidders" means the bidder as referred to in sub-clause (ii) of clause (a) of sub-rule (4) of rule 9;

(l) "Tender Document" means the tender document issued by the Director, Mines/Deputy Commissioner for conduct of an auction referred to in sub-rule (2) of rule 9;

(m) "Upfront Payment" means the payment referred to in sub-rule(1) of rule 11;

(n) "Value of estimated resources" means an amount equal to the product of,"

(i) the estimated quantity of mineral resources for which the mineral block is being auctioned, expressed in metric tonne/cft; and

(ii) the average price per metric tonne of such mineral as published by Indian Bureau of Mine for Jharkhand State for a period of twelve months immediately preceding the month of computation of the Value of Estimated Resources or the price notified by the Director, Mines; on the basis of the norm followed by Indian Bureau of Mines.

"Value of mineral despatched" shall have the meaning specified in sub-rule (2) of rule 8.

(o) "Director Mines" means appointed as Director, Mines by the State Government.

(p) "Director Geology" means appointed as Director, Geology by the State Government.

(q) "Deputy Commissioner" means appointed as Deputy Commissioner of respective District.

(2) The words and expressions used in these rules but not defined herein shall have the same meaning as assigned to them in the Act or rules made there under.

3. Application. - These rules shall apply to all minor minerals except Soil, Brick Earth, Morrum, Reh Soil, clay for making Raniganj tiles and Stone (Boulder, Bajri, Single, Stone Brick, Stone Dust) over an area of less than five hectare of Raiyati land (Private land).

4. Grant of concession. - (1) Where mineral contents of an area has been established and demarcated by the Director Geology, Mining Lease shall be granted in the manner specified under the provisions of JMMC Rules, 2004 as amended from time to time.

(2) A Composite Licence with respect to an area where the mineral content of an area have not been fully established but mineral block has been prepared by Director of Geology for grant of composite Licence, shall be granted in the manner specified under the provision of JMMC Rules, 2204 as amended from time to time.