Sand Policy- for implementing the stringent measures prohibiting sale/ illegal quarrying/transportation of sand

GOVERNMENTOFANDHRAPRADESH

ABSTRACT

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

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

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

INDUSTRIES AND COMMERCE (MINES-II) DEPARTMENT

G.O.MS.No. 42 Dated: 29-03-2016

Read the following:

1) A.P Minor Mineral Concession Rules, 1966.

2) G.OMs.No.35, Ind. & Com (Mines-II) Dept., Dt:14.03.2016.

                                  --::o0o::--

OR DER:-

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

hereby decide to substitute the Rules 9-B of A.P Minor Mineral Concession

Rules, 1966.

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

issue of the Andhra Pradesh Gazette, dt.29.03.2016.

                                             NOTIFICATION

        In supersession of the orders issued in G.O.Ms.Nos.35, Industries &

Commerce (M.II) Department, Dt.14.03.2016 and in exercise of the

powers conferred under sections 21 (2),22, 23 and 23(c) of MMDR Act,

1957, the Government hereby makes the following amendment to the

Andhra Pradesh Minor Mineral Concession Rules, 1966, regarding

measures to be taken against the persons, who are involved in sale /

illegal / un-authorized excavation of sand 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 other States.

                                               AMENDMENT

(1) In the said Rules, for Rule 9-B, the following shall be substituted:

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

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

Ground water structures, Bridges, Dams, Railway lines and cross

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

shall be penalized as follows:

--------------------------------------------------------------------------------------------------

VehicleType                                       Punishment for the offence

Tractor                                      Penalty of Rs.1,00,000/-and

Lorry/Tipper/Truck or any           Confiscation of the vehicle and

such vehicle upto or above          imprisonment of vehicle operator

10Tons Capacity                         as well as owner up to two years.

------------------------------------------------------------------------------

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

areas other than those notified for lawful excavation ,or uses sand for

filling purpose or any purpose other than in Mortar for construction, the

officer authorizedin this behalf under sub rule (7) 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.

(3) If any stocks of sand beyond a person’s a reasonable requirement

is stocked / hoarded / black marketed, it shall be seized by the officer

authorized in this behalf under sub rule (7). The person in whose

possession such stocks of sand is found shall be punishable with

imprisonment up to 2 years and a fine of Rupees Two Lakhs. Such seized

sand stocks shall be allotted for any Government works, after obtaining an

order from the competent court.

(4) If a person or group/s or any entity attempts to monopolize or

monopolizes sand reaches, prevents others from accessing the sand reach

or pathways to sand reaches, or prevents others from using their choice of

transport or insists that a particular mode of transport shall be used or

collects charges more than reasonable cost of excavation or transport

charges in respect of any sand reach, the person/s responsible for such act

or acts shall be punishable with imprisonment of up to two years and a

fine of Rupees Two Lakh.

(5) If a person or groups or entity utilizes sand for sale and profiteering

thereby, person/s responsible for such act or acts shall be punishable

with imprisonment up to two years and a fine of Rupees Two Lakh.

(6) Confiscation of vehicles/machinery/equipment:-

(i) No order of confiscation of any vehicle/ machinery / equipment

shall be made unless the person from whom the vehicle /

machinery / equipment is seized is given:

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

of the Transport Department.

b) An opportunity of making a representation in writing and

in person within (15) days from the date of service of

notice.

(ii) An officer who confiscates any vehicle/machinery/equipment

shall submit a report of such confiscation to the competent Court.

(iii) The vehicle/machinery/equipment along with the sand

confiscated shall be kept in the custody of Station House

Officer/Motor Vehicle Inspector/ADMG concerned/ Tahsildar until

an order of the Competent Court directing its disposal is received.

 (7) Officers not below the rank of Sub-Inspector of Police or Deputy

Tahsildar or the Royalty Inspector of Mines & Geology Department shall

be competent to exercise powers as stated under sub-rules (1) to (6)

above.

(8) The Director of Mines & Geology, Andhra Pradesh, Hyderabad shall

maintain a website and call center for the purposes of receiving

complaints from the public of any violations of rules committed by any

person.

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

Superintendents of Police / Director of Mines & Geology shall take necessary

action, accordingly.

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

M. GIRIJA SHANKAR

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