Rule, 2010

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

12 ll{, 2010 23 ~. 1932 ~;r ~I

(viii) 11 RtffiUT ~ 11 "ij I I .

~.!.~"tf\~m I f.lgcfa ~ I ~~~~Wfi71T I i I

I . '

m, cfi ~ it ~ cffu3TI ~ ~ it 3l~. ~~ ~ ~ ~ ·q ~ if~~ I ·1s.

I i.

,I I if cflittori icfc!'{Uft 'l.ft 11~ crif 1!:~ ~I cfi"( "Wfilll I ("&) ~ r1~ ("q1) ~ ~m m ~ ~ R!l ~ I ~ ·~ '51l~rft I I ~J ..

WTTI

i I I I i ~ ••••••••• L ••••••••••••

(cfi) 31 (TJ)

6. ~WR~ - ~ ~ - 'l.(' I ~ ~ mt ~ If,~ cfi iffcl ~ ~! Wfiol t I * mun ~ : { fcfi" ~ ~ it ~ lfl~ m{t mcl ~~ t ~ ~ft it U-~ i I (ifi 3l~ it) 4 . ~~ c!iT mlfil

11. ~1 cfi '-rcrmu! ~ ~ - '.ft' 3{~ \lcf ~ I ' i I ffi:

1Pf;i{ - . ·~, ~\>;fR .

3. ~ cfi1 ~ (~) ~l"f

(rr) ~ ~ •I • . J • j 1 mtrffif ~o ("&) ~ ~ (nm ~) (tT) fqcguft i l I cfi1 ~ :- qlf~~~ ~~~m.m~ V1pf - '1' .

J p.;

J o1 .

J! j 1 ] ~ 't· -;;- . ;;;-. ~ J11 l~! § p.;

' ~ ·- J! $ 1 1i -a -~ l J '3 p., ~ ~ ~ B" !jl J~! J! ti J 'o . e ,J. i~ 0 c ""' tl q .l! ~ e z.

J! § p.;

u, fl p., ....... ~ ~ " 1 >, u :l ..!! 0 ; p.;

J . ! 9 I i i u, f ] .i < ~ J "' u, 1 ~ .... ;;;-. .....

E t I .

I ................................. , .

so vftrrm 20 it 3fa1fu 'tm 4 if !Jfu ~ ~:r -uftr ·,1 "U tlrfif( -;TU cfitT<} ffi ~ cm ~ I -m-.::rfq:j .. •" • •,. • .. • • ". • • • .. • • 4~1~1ll, . I ) . . . . . . . . . . . . . . . . . . . . . . ~f ~ , · . ffl, ll

(i) "Act" mean the Bihar Coal Mining Area DevelopmentAuthority Act, 1986 ( as amended, 1992) and J ark:hand Mineral Area Developin.~nt Authority (Amendment and Adoption) .... Act, 200 l.

(ti) "Agent" m ns representative of any assessee dul.y authorized to appear before the officers oft Authority.

In these Rules, unle there is anything repugnant in the subject or context,

2. DEFINITIONS :

(ii) These Rules will ex: '1nd to whole area under the Mineral Area Development Authority. l

(iii) It shall come into 1· tence on and from the date of publication of the Notification in the Jharkhand Gazette.

I:

(i) These Rules may be called the Mineral Area Development Authority Market Fee Rules, 20 l 0. t. Short Title, extent and commencement

CHAPTER - I

No. 2/U .D/YoN1vidh/ 14.8/2002 - 1849--In exercise of powers. conferred under sub section 2 (ZK) of Sect ion 128 of the Bihar Coal Mining Area Development Authority Act., 1986 ( as amended i 11 ) 992) adopted by State of Jharkhand vide Notification No. 5, elated the 15 February, 2001, the Governor of Jharkhand is pleased to make the following rules :-

NOTIFICATION

The 12th May, 2010 ~~ ~ 1,!tWf ~~ I ~rl ,a in the Act.

and expressions not defined under these Rules shall have the same meaning as I vemment" means Government of Jharkhand.

nd" means the consolidated fund of the State Government.

" ectio "means section of the Act.

" ecret ry" means the Secretary appointed by the State Government under section 6 of arch of an assessment year.

" evenue Officer" means an officer deputed by the Managing Director or an officer ' d pute9jand notified by the State Government lo act as such time to time. " ched~~e" means list of'items ofcommodity on which market fee is to levied as notified I Stat Governrnsnt.

assigned (xv) (xvi) (xvii) (xiv) (xiii) (xii)

(xi) " uarter't.means a quarter on the JOlh June, 30°• September, 3 pt December and J l "

(viii) " icence" means a licence granted by the Secretary or Revenue Officer of the Authority

(ix) " [anaging Director" means the Managing Director of the Authority appointed by the ate Government under section 5 (3) of the Act.

(x) " rescribed Authority" means Managing Director of the Authority or any officer of the uthority as notified by the Govenunent to act as Huch from time to time.

(vii) " • actory" means any place or premises where production or extraction or storage of any

(vi) " uthority" means the Mineral Area Development Authority established by the State ovemment under section 5 of the Act.

(iv) " ssessment Officer" means the Secretary or Revenue Officer of the Authority.

(v) " ssessment Year'' means the financial year beginning from the pt April ending with 3 I st

(iii) sessee" means any person, company, Firm, corporate body etc. under Licence from t ie Authority, liable to pay market fee for engaging in the sale, transaction of'trnde or shall be halfofthe original Licence fee per annum.

I • Every Licence grarf ted under the Act shall be valid for the financial year ending with the 3 1 s\ March and shall be renew 4 further for a period of one year. Renewal of Licence and issue of Duplicate Licence shall be m ntioned clearly on the Licence by the issuing authority. Every person, co ~ercial concern, company or corporate bodies have to make an application on prescribed Form' '., to the Prescribed Authority for obtaining Licence alongwith copy of the deposit of Licenc tee through prescribed bank challan in Form 'F' of the Authority. In no case, the lice Je will be transferable to any person, company or commercial concern intend­ ing to. carry on or Jngaged in sale or transaction of any commodities. The concern shall be required to obtain i ence by making an application in prescribed form on depositing the licence fee through bank l allan in Form 'F'.

Revenue Officer I y cancel or suspend any Licence on contravention of any of the conditions after giving reason le opportunity to give show cau§~ reply. After cancellation r suspension of the licencee, thelicencee shall have to surrender it to tire be revived only after the decision of the Prescribed Authority and for this the appeallant has to d osit Rs. 500/- (Rupees Five hundred) only as the appeal fee in the Authority fund through bank C{iallanin Form 'F' of the Authority in any Nationalised Bank. I

3. The State Government may by notification in the Official Gazette declare the whole area of the Authority or part thereof as market area where production, sale or transaction of commodities takes place.

4. The Authority may with approval of the State Government make a list of commodities, the pro­ duction, sale or transaction of which takes place in the market area and may add, delete or amend any of the items or rate offee of the commodity specified in the list notified in the official Gazelle. The power to include or exclude any of the items of commodity vests with the State Government.

5. A person, company or corporate body engaged in the production, sale or transaction or trade of commodities specified in the list under the Act & the Rules shall be required to obtain a Licence in Form '/'\ from the Revenue Officer on payment offee to the Authority through Bank Chall an as prescribed in form- 'F' of the Authority.

· 6. The Revenue Officer shall assess the fee on production, sale, transaction, trade or commercial concern, company and person.

7. No production, sale, transaction or trade shall be operated ill the market area without having a proper licence.

8. Licence Fee for the wholesale trade shall be Rs. 200/- (Rupees Two hundred only) per annum and for retail shall be Rs. 100/-(Rupees One hundred only) per annum .. The renewal and duplicate fee Declaration of Market Area, Grant of Licence and cancellation

CHAPTER - II

(c) iority shall deposit the said amount in the P. L. Account of the Authority and the or of the Authority shall be drawing and disbursing authority.

(d) iority shall suitably spend the amount so received from the State Government in the presc "bed s ct ors as specified in the section - 90(b )(2) of the Act.

(e) tority shall essentially make available utilization certificate annually to the State Governm nt in ie prescribed form.

21. A person ay a certified copy of the order as per provision laid down int he Public J nforn ration Act & Ru es aft depositing the amount so specified in the Authority Fund.

22. Dire tor shall be competent to issue staialing orders whenever he consider s necessary ct to he provisions of the Act and Rules whatsoever may be.

I

23. tear bes for the decision ofwhich Act and Rules do not provide between the Authority I and any o er Li encee, the matter shall be referred to the State Government whose decisior, upon the matte shall \ e final.

I

I .I

concern.

e Authority shall make available a quarterly statement of the amount so collected and in the· tate fund in form - 'G'. Thereafter, the State Gover nmcnt shall make a request to the Ac ounta t General, Jharkhand in prescribed form- 'H' to release the amount as specified I in 'a' in tl nam' of Managing Director, Mineral Area Development Aul hority (!'vlADA) and on f autl~ rity letter received from AG, the amount shall be withdrawn from the Treasury

14. Each lie ncee shall maintain a record of proper account of sale, transaction, production or trade of e corrunodities and the Managing Director or any officer of the Authority authorized by him or R venue Officer may inspect the records any time either in the office oflicencee or in the office of he Authority as ~irected. The officer of theAuthority shall be competent to exercise the power o survey as specified in the Act.

15. The lice cee shall essentially make prior information in writing to the Authority about change of place of usiness or partnership.

16. Any pers nor body, aggrieved by order of cancellation 01 refusal of granting licence may orefer an appea before the Prescribed Authority within a period of JO days from the date of sud I order.

17. ThisAutl ority shall have power to levy and collect licence foe from traders, company, firm, corpo­ rate bod , enterprises and person operating in the market area as per rates to be assessed by the Authori

18. The Mar et fee shall be chargeable on the transaction on any commodity at a rate which may be determin d by the State Government in the Official Gazette from time to I ime which shall not be more th I% (one percent) oftbe sale value of the commodities.

19. Market e levied and collected by the Authority shall be deposited temporarily in the separate Authori fund and the Authority shall deposit essentially the amount so levied and collect ed as a , market f e to the State fund on 15th and JQ1h day ofeacb month.

20. (a) . e State Govenu_nent shall release quarterly at least 50% (Fi fly percent) of the dep osited the Au thority.

The Revenue Officer shall issue the order of assessment for the market fee on notice 0(demand in FORM-· C (in duplicate) to the assessee and the amount of assessment shall be paid by the as­ sessee within fifteen days from the date of receipt oft he not ice to the Authority fund in the prescribed manner.

-=O~=-=~=;..r....-'f-"-+---..=;..;...,.. .... t __ o th~e-a_s_s_e_s_s_e_e - ln any case not more than two opportu­ nities shall be allowed to tbe·assessee for the purposes of P' o­ ducing papers and evidence.

case of the matter covered under second proviso of the sub rule (a).

(c) Revenue Officer may issue notice of hearing in case of the matter covered under the second proviso of sub-Rule (a) and sub-rule (b ).

Revenue Officer shall have power of re-assessment in (b) ..

(a) The Revenue Officer may make assessment of market fee on the basis of'returns filled by the assessee and pass assess­ ment order, Provided that, ifany assessee fails to file the return in the time prescribed under the Rules, the Revenue Officer oft he Au­ thority may make the assessment on the basis of the survey or the any other tecords available, Provided also that, in case or return being found incor­ rect or in case of suppression of any fact by an assessee, the Revenue Officer may make assessment on the basis of the survey or any other records available.

(a) Every assessee shall file a quarterly return in Form - D ( in duplicate) within fifteen clays from the date of expiry of the quar­ ter, to the Authority and shall also attach a challan in prescribed form (Form - F) showing. payment offee.

(b) The assessee shall also file an annual return in Form·- E (in duplicate) within thirty days from the date of expiry ·:>f the assessment year, to the Authority.

Return, Assessment, Payment ,~1dl Appeal CHAPTER - Ill

25. Assessment- J' (I) Where the ret~:11 under rule is furnished afler the due da le, . . t or is not furnished, the assessce shall be liable to pay simple interest at the rate of 2 percent for every month or part thereof comprised in the period, commencing on the date immediately following the due date and;

(c) The order of the Prescribed Authority shall be final and it shall not be questioned except as otherwise provided in the Act · and rules made thereunder.

(b) The Prescribed Authority afler giving reasonable oppor­ tunity ofhearing, modify the assessment order as the case may be within thirty days of the filing the appeal, and or may direct the Revenue Officer to pass a fresh order after further enquiry. Provided that, fifty percent of the assessed amount shall be deposited in U1e lund of the Authority before filing of an appeal and a copy .of the challan showing such deposit shall be annexed with the memorandum of appeal.

(a) Any assessee being dissatisfied with the assessment or- . der, may within forty five days from the date of issue of'notice of • demand, file an appeal in the duplicate accompanied by a copy of the notice demand, before the Prescribed Authority.

Arrear offee alongwith costs and interest shall be recoverable as arrears of Market foe revenue under the Public Demand R ecc v­ ery Act, 1914 (Act 10, 191-~)

(b) The amount offee so levied and collected by the Author­ ity shall be deposited temporarily in Authoril y'i; Fund under a sepa­ rate deposit Account as per Ruic- 19.

· (a) Every deposit of fee or charge due payable to the Au­ . thority shall be made through quadriplica.te challan accompanied by an Account Payee (not negotiable) cheque or Bank draft of any Nationalized Bank.

Interest - 3 I.

30. Appeal - Recovery · 29.

r Principal Secretary to the Goverrunenl.

': ... ,. ... . By the Order of the Governor, ...

Of order to asses see - lf an assessee requires a copy of order passed by any officer under these rules, he shall make application to the Public Information Officer of the Authority accompanying an ad­ ditional charge as per provision laid down in Public information Act&Rules through challan in the Authority fund.

If any amount is found in excess after the assessment, the refund shall be allowed by adjustment of such excess towards the amount payable by the assessee for subsequent periods.

Provided that, no claim of such refund shall be entertained unless it is made within three months from the receipt of such notice of demand and the appeal is finally disposed.

Submission of incorrect return shall be criminal offence and assessee shall be liable for punishment under the appropriate

(2) lfthe amount specified, in any notice or demand under

Rule 27 is not paid within the specified period the assessee shall be liable to pay simple interest@ 2% for every month or part thereof comprised in the period commencing from I he date im­ mediately following the specified date and ending with the day on which the amount is paid.

(b) Where 110 return has been furnished. ending on the date of completion of the assessment; on the amount oft he fee as determined.

(a) Where the return is furnished after the due date, ending on the date offurnished of the return, or Su Refund - Penalty- JJ.

Date .

Signature of Revenue Officer Place .

8. Any other es ential tatement ~-;, Address of the Office and seal

6. Renewal till

(a) 3!51 M h, 20";

(b) (c)

5. Period of Li ence, 31st March, 20

4. Kind of'asse sed material

2. Name of the icencee I. Name of the -irm and Address

NOT TRANS FERRABLE

New/Renewal/ Second ineral Area Development Authori1y, Dhanbad Form -A (Signature of Applicant) (With Seal of the Finn) II I\ Ii I:

Date:

Place :

I 0. How long has the applicant been doing business in the notified ~"rket area .

11. Place of storage ofthe corrimodity .

l z. Did the applicant hold a ljcbnce on any previous occasion from 1 Authority I I am fully acquainted w~ h the terms and conditions of the licence and agree to abide-by them and any breach of the terms of the licl ese shall liable to the suspension/ cancellation and any other action taken under the Act, rule or by Mana · g Director or any officer authorized by him. I declare that the above tatements are true and complete to the best of my knowledge and belief. I hereby apply for issu ce/renewal oflicence -, Applicant's status in the Firm r,. Types of Business of the Firm , . Place of Business, in Details (Kha ta No , Plot No , Area , Place , Thana/P.S , P.O , Distt. - .. ,) i-:. Name of the Commodity/ Conunodities for which the licence is required

2. Father's name of the Applicant :1.. Name of the firm /Institution t1. · Branch of the Finn/Institution Form of Licence Form - B Mineral Area Development Authority, Dhanbad Signature of Revenue Officer Mineral Area Development Authority, Dhanbad (Seal) Place:

Date:

Period under re rence Section under iich or er passed and date Nature of order

(a) Assess ent/Re Assessment

(b) Interest Amount of Dem d :

I

(b) Amount of Int~ est, Rs.

Amount already aid Balance Deman l.

Assessment Please take not ce to deposit the amount specified below by Date Dank ............................. .. :-. (Place) in quadruplicate Challan enclosed. Failing which legal action shall be tak against you under the provisions laid down in the Authority Act & Market fee Rules.

(Strike whichever is not applicable)

(a) Where as you h ve not paid the amount of market fee as specified here under due according the return/revised r turn filed by you/records of the Authority for the period noted below.

(b) Whereas you h e not. paid the assessed/re-assessed amount of lee for the 'period specified her c­ under, ( c) Where as you h ve not paid the interest amount as specified hereunder. Address .

l o, .

M/s .

Mineral Area Developm nt Authority, Ohan bad.

From Notice of Demand (See Rule - 27) Form - C Mi eral Area Development Authority, Dhanbad (Seal) Signature of the Assessee I I Date 1 I • ... t ....

Bank Draft nount Cheque No.

date Bank Dute (c) (d) @ 1% Rs .

4. Market fee paid

(d) Transportation .

3. Market Fee payable during the quarter :

I

(b) @ 1 % Rs ~ .

Total Selling (Retail Sale) Total Trading TotaJ production ..

(c) (a) (b) year ..

I. Name & Address ofassessee:

2. Statement containing completion of market fee payable for selling/trading/ transporting of ...................................... ~- material during the 1/11/Ill/lV quarterof the Quarterly return for the month ending .

(Return of statement filled by an assessee) Form - D Mineral Area Development Authority, Dhanbad (Seal) Signature of the Assessce or Authorized Agent Full Address Date: .

Place: .

5. Total Market Fee P yable .

ending .

4. Revised retu ,ifan filedforanyofthequarters . ······· . Details of Pa ment 6.

( d) Retu 1 for quarter ending 31st Marc 1 filed on .

1 for quarter ending 31 st Dece ber filed on .

(c)

(b) Retu for quarter ending 30°1 Sept mber filed on .

(a) Ret n for quarter ending 301" I une Iled on .

I.

Form - E ineral Area Development Authority, Dhanbad (Return of Fee JmY ble by an assessee under Mineral Area Development Authority Market Fee Rules .

a p.;

l ~ j 'B !; ;J ; ~< .I II] - § p.;

ll u, fl 'O I- u, t> u u.

: I ~ & _g 0 0 z, t:.

' ~ -;; f-o - ,iCI) • " §<]~5 .....

i: i,;

ll :, ~ ll < .>C ·i 1 ,; 6 ~ -0 : .. < ~ i~ u j,?.i-1 .....

g 'o . :11 11 0 "~ .8 ...... D u. e ~ (o't-f ii~ if) ctrn't uftr) ~rn , 20 ~ ( .

~ITT<sfUs' ~ I .ffl.

~l{@OS ~ ™ -Iit'