AIR 2007 JHARKHAND 92 ::2007 (6) All LJ NOC 987 ::2007 (6) ALJ 987 ::2007 (2) AIR Jhar R 967 ::2007 A I H C 2772 ::(2007) 3 JCR 382 (JHA) ::2007 (3) JLJR 150

Jharkhand High Court

Hon'ble Judge(s): R. K. Merathia , J

Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.15— Jharkhand Minor Mineral Concession Rules (2004) , R.55— Works contract - Withholding of royalty amount - Ground - Non-submission of Royalty Clearance Certificate by contractor - Whether permissible - According to agreement entered into with Railway Ministry for supply of stone ballasts royalty charges recovered from contractor would be refunded after submission of Royalty Clearance Certificate by contractor - Petitioner entered into agreement with open eyes - Railways justified in withholding amount of royalty until Royalty Clearance Certificate is received. Bihar (Jharkhand) Minor Mineral Concession Rules (1972) , R.40— Rule 55 and Form 'O' and P' of the Jhar-khand Minor Mineral Concession Rules, 2004 (JMMC Rules for short) are in pari materia with R. 40 (10) and Form 'M and N' of BMMC Rules. As per R. 55 of the JMMC Rules, a contractor is required to purchase the minerals only from lessee/permit holder/ authorized dealer and furnish their bills and details, for verification of payment of royalty by them (sellers). Such provision is in addition and supplemental to the provisions for realization of royalty from the lessees. The purpose and object behind such provision is to have check on evasion of royalty at different levels. Such provision is in existence for more than ....