Granting of Mining Leases for 31 major minerals declared as minor minerals - Review of Sand Policy in the State

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Mines & Minerals – Government of India declared (31) Minerals as Minor

Minerals - Granting of Mining Leases for 31 major minerals declared as minor

minerals - Delegation of the Powers to the Director of Mines & Geology, A.P.,

Hyderabad - Orders – Issued.

INDUSTRIES & COMMERCE (M.II) DEPARTMENT

G.O.MS.No. 34 Dated: 14-03-2016

Read the following:

1. The Mines and Minerals (D&R) Amendment Act, 2015.

2. GSR No.423 (E), dt:10.02.2015 from the Ministry of Mines,

Govt. of India, New Delhi.

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O R D E R:

         In the reference 1st read above, the Government of India enacted Mines &

Minerals (D&R) Amendment Act 2015 and the same has come into force w.e.f.

12th January, 2015. Accordingly, certain minerals are eligible for grant of mining

leases, under sub-section (2) of Section 10A, where a letter of intent has been

issued before commencement of the Mines & Minerals (Development and

Regulation) Amendment Act, 2015.

2. In the reference 2nd read above, the Ministry of Mines, Government of

India, have issued a Notification in the Gazette of India, New Delhi declaring the

following (31) minerals as minor minerals, by exercising the powers conferred

under clause (e) of section 3 of the Mines & Minerals (Development and

Regulation) Act, 1957:

1. Agate, 2. Ball Clay, 3. Barytes, 4. Calcareous Sand, 5.

Calcite, 6. Chalk, 7. China Clay, 8. Clay (Others), 9.

Corundum, 10. Diaspore, 11. Dolomite, 12.

Dunite/Pyroxenite, 13. Felsite, 14. Felspar, 15. Fireclay,

16. Fuschite quartzite, 17. Gypsum, 18. Jasper, 19.

Kaolin, 20. Laterite, 21. Limekankar, 22. Mica, 23. Ochre,

24. Pyrophillite, 25. Quartz, 26. Quartzite, 27. Sand

(others), 28. Shale, 29. Silica Sand, 30. Slate, 31.

Steatite or Talc or Soap stone.

Accordingly, the State Government has got the powers to make rules for these

31 minerals to regulate the grant of leases under Section 15(2) of Mines &

Minerals (D&R) Amendment Act, 2015.

3. After careful examination of the matter, Government hereby delegate

the powers to the Director of Mines & Geology, A.P., Hyderabad to take further

action for granting of mining leases in respect of the proposals relate to the

newly declared (31) minor Minerals, in which letter of intent was issued as per

sub-section (2) of Section 10A of Mines & Minerals (D&R) Amendment Act, 2015

and any arising applications under the relevant provisions of A.P. Minor Mineral

Concession Rules, 1966.

4. The Director of Mines & Geology, A.P., Hyderabad shall take necessary

action accordingly.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

M. GIRIJA SHANKAR,

SECRETARY TO GOVERNMENT (MINES & FP) (FAC)

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GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

MINES & MINERALS – Review of Sand Policy in the State – Substitution of

Rule 9-B of APMMC Rules, 1966 for implementing the stringent measures

for illegal quarrying/transportation of sand – Orders - Issued.

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INDUSTRIES AND COMMERCE (MINES-II) DEPARTMENT

G.O.Ms.No.35 Dated: 14-03-2016.

Read the following:

Ref:-1) G.O,Ms.No.19, Ind. & Com (Mines-II) Dept., Dt:15.01.2016.

2) G.O,Ms.No.20, Ind. & Com (Mines-II) Dept., Dt:15.01.2016.

3) G.O,Ms.No.21, Ind. & Com (Mines-II) Dept., Dt: 19.01.2016.

4) G.O,Ms.No. 24, Ind. & Com (Mines-II) Dept., Dt: 29.01.2016.

5) G.O,Ms.No. 29, Ind. & Com (Mines-II) Dept., Dt: 20.02.2016.

6) G.O,Ms.No. 30, Ind. & Com (Mines-II) Dept., Dt: 22.02.2016.

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O R D E R:-

               The Government reviewed the status of Sand Policy in the State and

hereby decide to substitute the Rule 9-B of AP Minor Mineral Concession Rules,

1966.

2) Accordingly, the following Notification shall be published in the extraordinary

issue of the Andhra Pradesh Gazette, dt.14.03.2016.

                                               NOTIFICATION

In supersession of the orders issued in G.O.Ms.Nos.19 & 20, Ind. &

Com. (M.II) Dept., Dt.15.01.2016 and amendments made thereon from

time to time and in exercise of the powers conferred in it under Sections 21

(2), 22, 23 and 23(c) of MMDR Act 1957, the State Government hereby

substitute the Rule 9-B of Andhra Pradesh Minor Mineral Concession Rules

1966, regarding measures to be taken against the persons, who are

involved in illegal/un-authorized excavation in prohibited areas, trading and

selling of sand, Charging beyond cost of transportation and excavation,

usage of machinery and vehicles involving in un-authorized excavation and

transportation of sand to border States.

2. For the Rule 9-B of Andhra Pradesh Minor Mineral Concession Rules

1966, the following shall be substituted.

“9-B (1) In the case of the vehicles engaged in illegal / unauthorized

excavation in the prohibited areas ( i.e with in 500 mts from the

Groundwater structures, Bridges, Dams, Railway lines and cross

drainage structures etc.), transportation of sand outside the State,

shall be penalized as follows:

Vehicle Type	Punishment for the offence
Tractor	Penalty of Rs.1,00,000/- and confiscation of the vehicle and Imprisonment of vehicle operator as well as owner for upto two years.
Lorry upto 10 Tons Capacity
Lorry above 10 Tons Capacity

 (2) Whenever any person extracts sand or has extracted sand in the

areas other than those notified for lawful excavation, the officer

authorized in this behalf by the District Collector and District

Magistrate shall assess such quantity of sand and levy and collect

@ Rs.2,000/- per cubic metre of sand or Rs.2.00 lakhs whichever

is higher, as penalty. This is in addition to the penalties described

above.

(3) If any stocking of more than the required quantity of sand for

construction purposes is found, such stocks of sand shall be

seized by the officer authorized in this behalf by the District

Collector and District Magistrate. Such seized sand stocks shall be

allotted for any Government works. The person responsible for

such illegal stocks of sand shall be punishable with imprisonment

up to 2 years and a fine of Rupees Two Lakh.

 (4) If a person or groups or entity monopolizes sand reaches,

prevents others from accessing the sand reach, such offences

shall be treated as cognizable offence under section 379 of CrPC

and shall be punishable with imprisonment of up to two years

and fine of Rupees Two Lakhs.

(5) If a person or groups or entity utilises sand for filling purpose or

any purpose other than in mortar for construction, such offences

shall be treated as cognizable offence under section 379 of CrPC

and shall be punishable with imprisonment of up to two years

and fine of Rupees Two Lakhs.

(6) The DM&G shall maintain a website for the purposes of receiving

complaints from the public of any violations of rules committed

by any person. The website shall also maintain a list of vehicles

with their rates of transportation.

(7) An authorized officer who seizes any vehicle / machinery

shall order for confiscation of the vehicle so seized and present

before the competent authority i.e., District Collector & District

Magistrate, who shall dispose the vehicle/machinery in e-auction.

(8) No order of confiscation of any vehicle / machinery shall be made

unless the person from whom the vehicle / machinery is seized is

given:

a) A notice in writing at the address provided in the

records of the Transport Dept.

b) An opportunity of making a representation in writing

and in person within 7 days from the date of service of

notice.

(9) An officer who seizes any vehicle/machinery where he makes a

report of such seizure to the competent authority shall take steps

to secure the property.

(10) The vehicle/machinery seized shall be kept in the custody of

Station House Officer/Motor Vehicle Inspector concerned until an

order of the Competent authority directing its disposal is

received.

(11) The Collector and District Magistrate is authorized to designate

the Officers to exercise the powers mentioned in the Sub-rules

(1) to (10) above.

3. All the Collectors & District Magistrates/Commissioners of Police

/Superintendents of Police / Director of Mines & Geology/CEO, SERP / Director

General of Police, A.P., Hyderabad shall take necessary action, scrupulously.

[BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH]

M. GIRIJA SHANKAR

SECRETARY TO GOVERNMENT (M&G AND FP) (FAC)