Orissa Rural Infrastructure and Socio-Economic Development Rules, 2005
Published vide Notification Orissa Gazette Extraordinary No. 479 dated 17.3.2005
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(a) "Act" means the Orissa Rural Infrastructure and Socio-Economic Development Act, 2004;
(b) "appellate authority" means the Government in its Steel and Mines Department;
(c) "backward area" means any district in which the percentage of literacy is less than fifty percent of total population of the district as per the latest census; '
(d) "Collector" means the Chief officer in-charge of the Revenue administration of a district;
(e) "Department" means the Steel and Mines Department of Government;
(f) "Director" means the Director of Mines, Orissa and includes one or more Joint Director of Mines;
(g) "Form" means a Form appended to these rules;
(h) "Government" means the Government of Orissa;
(i) "mining area" means area under the territorial jurisdiction of Revenue Tahasil, Sub-division and district as specified in Schedule-I and shall include such other area as the Government may, by notification specify from time to time; .
(j) "rural area" means any area other than the area comprised within the territorial area of a municipality or a Notified Area Council or a Municipal Corporation;
(k) "Schedule" means a Schedule appended to these rules;
(l) "Section" means a section of the Act;
(2) Words and expressions used but not defined in these rules, unless the context otherwise requires, shall have the same meaning as respectively assigned to them in the Act. 3. Notified Authority to exercise power. - The notified authority as mentioned in schedule II shall exercise powers under different provisions of these rules within their respective jurisdictions. 4. Calculation of annual value of mineral bearing land. - (1) For the purpose of Explanation II of clause (a) of Section-2 of the Act, where no price are available on the date immediately preceding the first date of the financial year in relation to a mineral, the price or prices of the mineral of the nearby mineral bearing land shall be taken into account for the purpose of determination of price of that mineral or as the case may be, the price derived from the national price published by Indian Bureau of Mines for that particular mineral with reference to its grade, if any. (2) The annual value of a mineral bearing land held for carrying out mining operations for mineral in relation to a financial year, for an owner who holds mineral bearing land for more than one mineral, shall be the sum of sale prices of all minerals produced during the said period by the owner. (3) In case of sale in the domestic market, the per tonne sale value will be the price of the mineral actually realized, less the tax, fee, duty, royalty and other deductible costs as shown by the mineral bearing land holders in their sale vouchers or bills or invoices and shall be considered for computing the annual value of mineral bearing land. To avoid payment of tax on tax, fee, duty and royalty, the mineral bearing land holders in their own interest shall record the above taxes, fees, duties, royalty and other deductible costs, separately in the sale vouchers or bill or invoices instead of indicating a composite amount. In case these are not shown separately, it shall be assumed that the composite amount is the sale price. (4) In case of direct export by the mineral bearing land holders, the sale value for the purpose of annual value of mineral bearing land shall ordinarily be the freight on board (FOB) price realized less fee, duty, royalty, taxes and.other deductible costs. For such purposes, the mineral bearing land holder may prepare, invoices or bills indicating the freight on board price or insurance freight price as the case may be. (5) Where mineral produce is disposed of by more than one process such as sale in domestic market, direct export and captive consumption, the sale price or prices of mineral shall be the weightage average of prices of mineral determined by adopting the procedure in sub-rule (1), (3) and (4) above. 5. Tax where there is no production of mineral. - Where in case of any mineral bearing land there is no production of mineral for two consecutive years or more, such land shall be liable for levy of tax at the rates of dead-rent specified in the third Schedule to the Mines and Minerals (Development & Regulation) Act, 1957 and the Schedule-II to the Orissa Minor Mineral Concession Rules, 2004 as the case may be. 6. Constitution of committee. - (1) A Committee referred to in Subsection (3) of Section 3 shall consist of a Chairman and the following members for recommending the rate of tax, under Sub-section (2) thereof at which the same shall be levied, to the State Government, namely :-
1. |
Secretary to Government, Steel & Mines Department |
... |
Chairman |
2. |
One representative not below the rank of Joint Secretary of Finance Department |
... |
Member |
3. |
One representative not below the rank of Joint Secretary of Law Department |
... |
Member |
4. |
The Director of Mines, Orissa |
... |
Member |
5. |
Financial Advisor, Steel & Mines Department |
... |
Member Secretary |
(1) |
Chief Minister |
- |
Chairman |
(2) |
Minister, Steel & Mines |
- |
Vice Chairman |
(3) |
Minister, Finance |
- |
Member |
(4) |
Chief Secretary |
- |
Member |
(5) |
Principal Secretary/Secretary, Steel & Mines |
- |
Member-Secretary |
(6) |
Secretary, Health & Family Welfare |
- |
Member |
(7) |
Secretary, School & Mass Education |
- |
Member |
(8) |
Secretary, Panchayat Raj |
- |
Member |
(9) |
Secretary, Rural Development |
- |
Member |
(10) |
Secretary, Works |
- |
Member |
(a) Implementation of Infrastructure Development Programmes.
(b) Promotion of education, health, sanitation and employment in the,rural areas, backward areas and mining areas of the State.
(c) Administration of the Act.
(d) Development programmes including mineral development and exploration for generation of employment in rural areas, backward areas and mining areas of the State.
(e) For other public purpose in rural areas, backward areas and mining areas as enshrined in Section 8 of the Act.
(2) Two percentum of the fund shall be utilised for each of the following(a) modernization and improvement of the infrastructure of the departmental machinery for computerization, training and competence building, increased mobility, better communication, monitoring and supervision, provision of better public services, plugging of leakage of revenue and checking of theft, smuggling and other unlawful activities;
(b) mineral development and exploration.
19. Collection of the fund. - (1) The sum specified in Sub-section (2) of Section 3 and Sub-section (2) of Section 4 and Sub-section (3) of Section 11 shall be collected through the usual machinery for collection of mining revenue. (2) The collection shall be first credited to the Consolidated Fund of the State under a specified receipt head and shall thereafter be transferred to the fund during the months of April to March every year. 20. Budget of the fund. - (1) The Department shall cause the Budget Estimate of the fund for every financial year to be prepared on or before the first day of January of the financial year next preceding, and thereafter, the Budget estimate shall be forwarded to the Finance Department on or before first day of February of the year for approval. (2) The Finance Department may amend, modify or alter the Budget Estimate submitted for its approval under sub-rule (1) in any respect or manner as it may deem fit and shall return the same after recording its approval in writing with or without amendment, modification or alteration within thirty days from the date of receipt of the Budget Estimate. (3) Budget Estimate approved by the Finance Department under sub-rule (2) shall constitute the Budget of the found for the year. (4) A copy of the Budget as finally sanctioned, shall be forwarded to the Accountant General, Orissa. (5) If during the course of the financial year, it becomes necessary to incur expenditure over and above the provisions made in the budget, the Department shall immediately submit to the Finance Department a statement giving details of the proposed expenditure. (6) On receipt of the statement under sub-rule 5, the Finance Department shall, by order in writing, either approve the proposed additional expenditure in full or in part with such modification as it may deem necessary or without modification, or reject it totally and the copy of such order shall be communicated to the Department. (7) The accounts of the fund shall be prepared and maintained by the Accounts Section of the Department and shall be audited by the Accountant General, Orissa. (8) The Department shall maintain a complete and accurate account and the procedure in this regard shall be such as may be decided by the Department with the concurrence of the Finance Department. The accounts of the fund shall be balanced on the 31st March each year. 21. Appointment of Administrator. - The Secretary of the Department shall be the administrator and custodian of the fund, for the purpose of administration of the fund. 22. Drawal upon the fund. - All orders or cheques upon the fund shall be signed by the additional Secretary or Financial Advisor, Department of Steel and Mines. 23. Placement of fund for implementation of Budget. - After the projects are formulated as indicated in rule 24, necessary funds shall be placed at the disposal of the Committee constituted for the purpose at District level for implementation. 24. Formulation of Projects. - The projects under the Infrastructure and socio-economic development programmes shall be formulated by the Collector of the District/the Department of Steel and Mines with due regard being had to the scale and standard in respect of specifications and other details as has been laid down for similar work. Each project shall be got technically vetted by the appropriate technical officer and shall stipulate the arrangement for maintenance of assets to be created. The projects formulated at the district level only shall be furnished to the concerned District Committee constituted by the Collector for the purpose for approval. The approved projects thereafter shall be submitted to the Department for administrative approval. 25. Execution of Projects. - The projects that are approved by the department may be executed by the Collector through the Committee constituted for the purpose or such other agencies as the Governing Body may decide. 26. Maintenance of Assets. - The responsibility of maintenance of assets that will be created under the Infrastructure and Socio-economic Development Programmes shall be that of the concerned departments of the Government as may be indicated while formulating the projects in the manner laid down in rule 24. 27. Periodical reports regarding implementation of the schemes - The Collector shall furnish a report in the form to be prescribed by the Department regarding progress of the implementation of the projects. The half yearly report shall reach the Department by the 15 of the month following that to which it relates. 28. Maintenance of accounts. - The Collector shall maintain or cause to be maintained accounts of expenditure of individual projects in accordance with the provisions of the Orissa General Financial Rules, the Treasury Code and the Subsidiary Rules made thereunder. 29. Maintenance of register. - The notified authority shall maintain in his office a register showing demand, collection and balance of tax payable and refund, if any, made by each holder of the mineral bearing land in Form-T. 30. Surrender of unspent fund. - At the close of each financial year, the unspent balance, if any, shall be surrendered to the fund by way of deposit under specified Head of account.Form-A
Notice before imposing of penalty
[See Rule-8(1)]
ToWhereas You, the holder of the mineral bearing land/quarry over....hects.....in village..........of........district for.........(name of the mineral) are,required to pay the tax of Rs........(Rupees............) only for the quarter from............... to............... by due date of 30th June/31st September/December/March, 200.... under the Orissa Rural Infrastructure and Socio-Economic Act and Rules, 2005.
Whereas You have failed to pay the tax by the aforesaid due date.
Take notice that under Rule-10 of the said Rules you are liable to pay penalty up to three times of the aforesaid tax amount. You are, therefore, noticed under Section 4(2) of Orissa Rural Infrastructure and Socio Economic Development, Act, 2004 to appear before the undersigned on............ at....am/pm for personal hearing to state your case, if any, failing which your case will be disposed of as per law.
Place: Date :Notified Authority.
Form-'B'
Notice of Demand
[See Rule 8(2)]
To Please take notice that for the quarter/year ending.........................a sum of Rs......... has been determined as the dues payable under the Orissa Rural Infrastructure and Socio-Economic Development Act, 2004.
|
|
Rs................. |
Penalty under Section 4(2) as per order dated.................. |
|
|
|
|
...................... |
Total .. |
|
Rs. |
Notified Authority
Form-'C'
Notice for production of documents
[See Rule 9 (2)]
ToIn order to enable me to satisfy myself whether the return filed by you under Rule 9 of Orissa Rural Infrastructure and Socio-Economic Development Rules, 2005 of the financial year 200.... is-correct or complete, you are hereby required to attend in person or by agent at my office at (place)............on...............at......... A.M./P.M. and thereto produce or cause to be produced the accounts, documents specified below and any other evidence on which you may rely in support of the said return.
In the event of your failure to comply with all the terms of this notice, I shall proceed to assess you under Section 4 (3) of Orissa Rural Infrastructure and Socio-Economic Development Act, 2004 to the best of my judgement.
Signature of Notified Authority
Place............... Date ........Particulars of accounts and documents required :-
(a)
(b)
Form-'D'
Notice of Demand
[see Rule-9 (2)]
ToYou are hereby noticed that amount of tax payable by you for the financial year 200 has been determined in Rs........... (Rupees....................) only, whereas you have paid only Rupees............(Rupees..........) only by way of tax for the same period.
Details of the assessment and payment made are given below.
You are hereby directed to pay the tax amount along with the following penalty/fine into the Government Treasury within thirty days from the date of receipt of this notice by you and to produce the receipt in proof of payment before the undersigned within seven days from the date of such payment.
In the event of your failure to comply with this notice, the tax, penalty and fine shall be recovered by initiating certificate proceedings as arrear of land revenue as provided under Section 4(5) of Orissa Rural Infrastructure and Socio-Economic Development Act, 2004.
Assessment Details |
|
|
1. |
Period of assessment |
: |
2. |
Mineral area/location of the mineral bearing land or quarry |
: |
3. |
Date of assessment |
: |
4. |
Books of account/returns verified |
: |
5. |
Tax payable for the period |
: Rs................(Rupees....................) only. |
6. |
Amount of tax paid, if any |
: Rs................(Rupees....................) only. |
7. |
Penalty, if any |
: Rs................(Rupees....................) only. |
8. |
Fine, if any |
: Rs................(Rupees....................) only. |
9. |
Balance to be paid (defaulted amount) |
: Rs................(Rupees....................) only. |
Notified Authority
Form-'E'
Annual Return showing production of mineral/ores sale price and tax for the financial year 200....0...
[See Rule-10(1)]
1. Name of the holder of the mineral bearing land.......
2. Name of the minerals/ore.............
3. Name of the land/mine/quarry/location............
4. Extent of mineral bearing land ....... Acres.
5. Period of holding years from (date) to....(date)
(Quantity in metric tonne)
(Tax in Rupees.)
Year immediately preceding the financial year |
Production |
Quantity dispatched for |
*Ex-mines sale price on 1st March (grade wise) Rs per tonne |
||||
Grade |
Quantity |
Sale |
Captive use |
Domestic |
Export |
||
Domestic |
Export |
||||||
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
Arrear Tax as on beginning of the year |
Demand of tax during the year |
Balance Tax as at the end of the year |
||||||
Principal |
Penalty/ Fine |
Total |
Principal |
Penalty/ Fine |
Total |
Principal |
Penalty/ Fine |
Total |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
Particulars of payment of tax |
Remarks |
||
Amount |
Chalan No. |
Date |
|
18 |
19 |
20 |
21 |
Signature of the holder of
the mineral bearing land.
Form-'F'
Order of Assessment
[See Rule-10 (3)]
Office of the Notified Authority.................................. Circle
District.................
Date.....................
1. Name and address of the holder of Mineral bearing land..............
2. Name of the Mineral...................................................
3. Name of the Mines and location .......................
4. Extent of the Mineral bearing area (In acres/hectares.
5. Period of assessment.................................................................
6. Amount of tax assessed...................................
Assessment Order
Notified Authority
Form-'G'
Notice of demand
[See Rule-10 (3)]
To1. Name and Address of the holder of Mineral bearing land
2. Name of the Mineral
3. Name of the Mines/Mineral bearing land and the location.
4. Extent of Mineral bearing area (in Hal/Ac)
Please take notice that for the failure to file return for the year.........a sum of rupees..................has been assessed on you under Orissa Rural Infrastructure and Socio-Economic Development Act, 2004 and the rules made thereunder as per orders passed on................. You are required to pay the above amount into the Government Treasury within thirty days from the date of receipt of this notice by you and produce the receipt before the undersigned within seven days from the date of payment failing which the said sum of Rs...................will be recovered from you as an arrear of land revenue. In case you fail to pay the amount as aforesaid by the due date a penalty not exceeding three times the tax due will be imposed on you under Section 4(2) of the Act and fine for the breach of non-filing of return shall be imposed on you under Rule 16. Place............ Date...................Notified Authority
Form-H
Appeal
(See Rule-11 (1))
To be submitted in duplicate
ToThe.......... day of 200................
1. (a) Period of assessment/determination of tax.............(b) Date of assessment/determination of tax appealed against.............
(c) Name and designation of the officer making the said assessment/ determination of tax/penalty passing the said order...................
(d) Amount of tax assessed and demanded Rs.......... (Rupees...........) only
(e) Amount of tax in dispute
The petitioner..................... the owner of the mineral bearing land or quarry over............hects. in village.............of..................district for ..........................(name of the mineral) having his office/principal office or Head office at swear as follows :-(i) Under the Orissa Rural infrastructure and Socio-Economic Development Act, 2005 your petition has been assessed to tax for Rs......... (Rupees.........................)
(ii) A Penalty Rs (Rupees ) has been imposed on your petitioner.
2. A copy of the Assessment/Determination/Order appealed against is attached. 3. Your petitioner has paid half of tax assessed and demanded as mentioned in item 1(d) above amounting to Rs.........(Rupees...) only in these proceedings in Treasury challan No..........dated.... 4. Your petitioner has submitted return(s) for the above period. 5. Being aggrieved by the aforesaid assessment/determination/order your petitioner begs to prefer this appeal on the following other grounds.Grounds
(Here enter the grounds on which the petitioner relies for the purpose of the appeal)
Prayer
Date :Signature of petitioner
Address:
Form-1
Register of Demand, Collection and Balance of Tax and Penalty/Fine
(See Rule-29)
1. Name of the holder of mineral bearing land.
2. Sr. No in the Register.
3. Name of the mineral
4. Name of the mines/mineral bearing land & location
5. Area in acre
(Note - The column relating to penalty/fine shall be filled up only after an order imposing penalty/fine under Rule-10 or Rule 19 is passed.
(Figures in Rupees)
Year (financial) of demand |
Amount outstanding at the end of the previous year |
Demand during the year |
Total due by end of the year |
||||||
Tax |
Penalty/ fine |
Total |
Tax |
Penalty/ fine |
Total |
Tax |
Penalty/ fine |
Total |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Amount collected during the year |
Balance at the end of the year |
Refund |
Remark |
||||
Tax |
Penalty/ fine |
Total |
Tax |
Penalty/ fine |
Total |
||
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
Schedule-I
List of Mining Areas
[See Rule 2(1) (i)]
1. Keonjhar District.
2. Sundargarh District.
3. Jharsuguda District.
4. Padmapur & Bargarh Tahasils of Bargarh District.
5. Rengaii Tahasil of Sambalpur District.
6. Titilagarh, Patnagarh, Kantabanji & Sadar Tahasils of Boiangir District.
7. Bisam Cuttack & Kasipur Tahasils of Rayagada District.
8. Pottanji Tahasil of Koraput District.
9. Jaipatna, Junagarh and Sadar Tahasil of Kalahandi District.
10. Banki Tahasil of Cuttack District.
11. Khurda Tahasil of Khurda District.
12. Sukinda & Darpani Tahasils of Jajpur District.
13. Talcher & Chendipada Tahasil of Angul District.
14. Kamakshyanagar Tahasil of Dhenkanal District.
15. Khariar Tahasil & Nuapada Tahasil of Nuapada District.
16. Bamanghati and Panchapitha Sub-Divisions of Mayurbhanja District.
17. Berhampur Sub-Division of Ganjam District.
18. Nilagiri Tahasil of Balasore District.
19. Soro Tahasil of Balasore District.
Schedule-II
Sl. No. |
Name of the notified authority |
|
Jurisdiction |
(1) |
(2) |
|
(3) |
1. |
Director of Mines |
- |
Whole State |
2. |
Joint Director of Mines |
- |
Whole State |
3. |
Deputy Director of Mines, Joda |
- |
Champua Sub-division of Keonjhar district. |
4. |
Deputy Director, Mines, Rourkela |
- |
Panposh and Sadar Subdivisions of Sundargarh district. |
5. |
Deputy Director, Mines, Koria |
- |
Bonai Sub-division of Sundargarh district. |
6. |
Deputy Director, Mines, Talcher |
- |
Jajpur, Kendrapara and Jagatsinghpur districts. |
7. |
Deputy Director, Mines, Talcher |
- |
Dhenkanal and Anugul Districts. |
8. |
Deputy Director, Mines, Sambalpur |
- |
Sambalpur, Baragarh, Jharsuguda and Deogarh districts. |
9. |
Deputy Director, Mines, Koraput |
- |
Koraput, Nawarangpur, Malkangiri and Rayagada districts. |
10. |
Mining Officer, Joda |
- |
Champua Sub-division of Keonjhar district. |
11. |
Mining Officer, Rourkela |
- |
Panposh and Sadar Subdivisions of Sundargarh district. |
12. |
Mining Officer, Koira |
- |
Bonai Sub-division of Sundargarh district. |
13. |
Mining Officer, Jajpur Road |
- |
Jajpur, Kendrapara and Jagatsinghpur districts. |
14. |
Mining Officer, Talcher |
- |
Dhenkanal and Anugul district. |
15. |
Mining Officer, Sambalpur |
- |
Sambalpur, Baragarh, Jharsuguda and Deogarh districts. |
16. |
Mining Officer, Koraput |
- |
Koraput, Nawarangpur, Malkangiri and Rayagada districts. |
17. |
Mining Officer, Baripada |
- |
Mayurbhanj, Balasore and Bhadfak districts. |
18. |
Mining Officer, Boiangir |
- |
Boiangir and Sonepur districts. |
19. |
Mining Officer, Bhawanipatna |
- |
Kalahandi and Nuapada districts |
20. |
Mining Officer, Cuttack |
- |
Cuttack, Puri, Khurda and Nayagarh districts. |
21. |
Mining Officer, Berhampur |
- |
Ganjam and Gajapati districts. |
22. |
Mining Officer, Phulbani |
- |
Kandhamal and Boudh districts. |
23. |
Mining Officer, Keonjhar |
- |
Sadar and Anandpur Subdivisions of Keonjhar district. |