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Section 8: SUSPENSION/TERMINATION/DE-ACTIVATION OF REGISTRATION

The Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017State Rules of Jharkhand · 1957

i) If a Dealer is found non-operative for a period of two years, the dealer registration will be de-activated automatically.

ii) Such de-activated Dealers' registration may be re-activated by filling an application in prescribed form along with a fee of Rs. 5000 or as notified time to time by Department, online through JIMMS Portal.

iii) The District Mining Officer/Any such officer authorized by the Competent Authority may at any time suspend the registration for breach of any of the terms and conditions of the Registration. The registration may be cancelled for breach of any of the terms and conditions of registration after giving an opportunity of being heard.

9. TRANSPORT CHALLAN:

i) No person shall transport or otherwise remove or carry away any mineral from any place without obtaining a transport challan duly generated through JIMMS. The Jharkhand Gazette (Extraordinary), Thursday, 1st February, 2018 5 Dealer desiring such challan should file an application online through JIMMS portal in prescribed Form duly specifying all the particulars prescribed therein.

ii) The applicant shall upload the original copy of the royalty paid Transport Challan issued by the lessee to such Dealer or the relevant documents showing payment of royalty on such mineral or other adequate proof of such payment.

ii) On receipt of an application under sub-rule (i), the The District Mining Officer/Any such officer authorized by the Competent Authority shall communicate his approval/rejection within fifteen (15) days on the JIMMS portal for issuing the Transport Challan in prescribed form for such period and subject to such terms and conditions as prescribed by him. The District Mining Officer/Any such officer authorized by the Competent Authority may reject an application to grant Transport Challan for reasons to be recorded in writing and communicated to the applicant through JIMMS Portal.

10. SPECIAL CONDITION WITH RESPECT TO LEASE HOLDERS :

i. All dispatches of ores and minerals except those by aerial ropeway/conveyor belt by captive users shall be accompanied by Transport Challan in the prescribed Form.

ii. Sampling and analysis will be done before the mineral/ore is removed from the mine site. The following procedure shall be adhered to-

(a) Mining Lessees after proper dressing, stacking, grading and analysis shall apply in prescribed form through JIMMS portal to the District/Assistant Mining Officer, within whose jurisdiction the mine is situated, intimating his intention to remove the mineral/ore enclosing copies of the analysis report in duplicate in prescribed Form and shall make payment of royalty of the mineral and other charges through JIMMS portal.

(b) Upon receipt of such application, District Mining Officer/Assistant Mining Officer shall verify or forward the same to Mining Inspector/any other authorised officer for verification. After verification, verification report will be submitted on JIMMS portal within 07 days of receipt of application. The District/Assistant Mining Officer shall allow/reject the same within 15 days.

(c) The verifying officer shall draw joint samples from the stacks of marginal grade and also from the stacks, grade of which would appear to him different from that mentioned in the analysis reports. Joint samples shall be drawn by the Mining Inspector/Verifying Officer and an authorized representative of the Mining Lessee and shall be divided into 3 part, of which one part shall be handed over to the mining lessee under joint seals, the 2nd part shall be sent to the Government approved Laboratory for analysis under joint seals and 3rd part shall be kept with District/Assistant Mining Officer under joint seals as an umpire sample.

Jharkhand Gazette (Extraordinary), Thursday, 1st February, 2018 6

(d) The analysis result of Government Laboratory would be final, provided that in case of dispute the Director may, if he is satisfied with the genuineness of the dispute on written reference by the mining lessee, send the respective umpire sample for analysis to another Government approved Laboratory and the report so given by the Laboratory shall be final.

(e) When minerals/ores are dispatched directly from the mine by railway wagons, joint samples shall be drawn from the wagons and analysis report of each lot of four wagons or less as the case may be, shall be given:

Provided that no analysis report shall be necessary if the minerals/ores are declared to be of the highest grade. No analysis shall also be required in respect of mineral/ores, i.e fireclay, quartzite etc. which do not have different grades for royalty purpose.

iii. On receipt of the verification report from the Mining inspector, the District/Assistant Mining Officer shall approve/reject the same as mentioned in Clause 10(ii)(b) above.

Provided that no dispatch shall be allowed in respect of the stacks from which joint samples have been drawn till the analysis results are received from the Government Laboratory.

iv. Permit for the initial dispatch from a new mine shall not be allowed by the District/Assistant Mining Officer without obtaining clearance from concerned Collector that permission for surface operation has been given and all formalities regarding execution of lease are complete.

v. (a) All transport of minerals/ores will normally pass through check-gate/weigh bridge of the Department and /or approved by the Department. The quantity moved will be verified through designated check-gate/weigh bridge. Where there is no facility of weighment, the verification shall be done through volumetric measurement.

(b) The working hours of each check gate shall be announced in advance by the District/Assistant Mining Officer and shall be commensurate with the general requirement of the Mining traffic in that sector.

vi. (a) Whenever any mining lessee transports the minerals raised in his mine without any valid permits or challan, it will be treated as a transgression of the conditions of these rules along with all other applicable Act and Rules.

(b) The mining lessee shall be responsible for the strict compliance of these rules by the carriers engaged by them and shall ensure that the carriers produce necessary transit challans at the check-gates/weigh bridge for verification.

Jharkhand Gazette (Extraordinary), Thursday, 1st February, 2018 7

Where this provision sits

ActThe Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017
Section8
Marginal noteSUSPENSION/TERMINATION/DE-ACTIVATION OF REGISTRATION
JurisdictionState of Jharkhand
StatusIn force as published by the source

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