section 11
Power to make Rules: -
The Jharkhand Mineral Holding Land Cess Act, 202411. Power to make Rules: - (1) The Government may, by notification in the Official Gazette, make Rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely- i. The authorities which may impose cess under section 3 or interest under Section-5 and the manner in which the cess levied under this Act shall be collected; ii. The constitution and functions of the Governing body, the term of office of its members, and the procedure for the conduct of its business; iii. The manner in which accounts shall be kept and registers to be maintained by the holder at the Mineral Bearing Land or at the office the holder. iv. the assessment and collection of the cess levied under this Act; v. The form of receipts for payment of the cess; and vi. Any other matter that may have to be prescribed. (3) The Rules made under this section may provide penalty for contravention of such provisions of this Act to the following extent, namely: - i. in cases of evasion or avoidance of cess, to the extent of double the amount of cess evaded or, as the case may be, avoided; All Rules made under this Act, shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may comprise in one session or in two successive sessions and if before the expiry of the sessions in which they are so laid or in the session immediately following the House of the State Legislature makes any modification in any of such rules or resolves that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. Liability of the holder under other laws not affected: - Nothing contained in this Act, shall affect the liability of the holder for the payment of cess under this Act, to that of under any other law(s) for the time being in force. Action taken in good faith. — No suit or prosecution or other proceeding shall lie in any court against the prescribed authorities or any officer or employee of the State Government, in respect of any work done or purported to have been done or intended to be done in good faith by such authority or Government or such officer or employee under the provisions of this Act or the rules made thereunder. Bar of jurisdiction of court. — No court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken, orders made, direction, instruction or guidelines issued by the State Government in pursuance of any power conferred by, or in relation to its functions, by this Act. Power to remove difficulties/issue directions: - If any difficulty arises in giving effect to any provisions of this Act the Government may, by general or special order, do anything not inconsistent with provisions of this Act for the purpose of removing the difficulty and issue necessary directions. Provided, no order of removal of such difficulty shall be made after the expiry of the period of two years from the date the commencement of this Act. THE SCHEDULE (See sections- 2 and Section- 3(1)) S.Nos. Classification of Mineral bearing land Rate of Cess* Coal bearing land Rs. 100/- per metric tonne of coal dispatch Iron ore bearing land Rs. 100/- per metric tonne of Iron ore dispatch. Bauxite bearing land Rs. 70/- per metric tonne of bauxite dispatch. Limestone bearing land Rs. 50/- per metric tonne of limestone dispatch. Manganese ore bearing land Rs. 50/- per metric tonne of manganese ore dispatch. 6. Any other mineral bearing land 50% of the royalty paid on the dispatch of mineral per tonne. * 1. Name of Minerals as specified in the Second Schedule under the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957) (Major Minerals). 2. Rates of cess are irrespective of their Grade/Properties. झारखंड राÏयपाल के आदेश से, राजेश शरण ͧसंह, Ĥधान सͬचव-सह-ͪवͬध परामशȸ ͪवͬध ͪवभाग, झारखंड, राँची। -------- अधी¢क अधी¢क, झारखÖड झारखÖड राजकȧय मुġणालय राजकȧय मुġणालय, राँची राँची ɮवारा Ĥकाͧशत एवं मुǑġत ɮवारा Ĥकाͧशत एवं मुǑġत, असाधारण) ) 625 – 50
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