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New Sand Policy - 2016 - Amendments to Rule 9 of Andhra Pradesh Minor Mineral Concession Rules, 1966




GOVERNMENT OF ANDHRA PRADESH ABSTRACT

Mines and  Minerals  -  New Sand Policy  - 2016 -  Amendments  to  Rule
9 of Andhra Pradesh Minor Mineral Concession Rules, 1966 -  Orders  - Issued.

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 INDUSTRIES & COMMERCE ( MII ) DEPARTMENT

G.O.Ms.No.20                                                           Dated  15.1.2016
Read the following:

1) G.O.Ms.No.94, Industries & Commerce(M-IV) Department, dated 28.08.2014.
2) G.O.Ms.No.95, Industries & Commerce(M-IV) Department,dated 28.08.2014.
3) G.O.Ms.No.97, Industries & Commerce (M.IV) Department, dated 07.10.2014.
4) G.O.Rt.No.310, Industries & Commerce (M.IV) Department, dated 07.10.2014.
5) G.O.Ms.No.99, Industries & Commerce (M.IV) Department, dated 21.10.2014.
6) G.O.Ms.No.382, Industries & Commerce (M.IV) Department, dated 09.12.2014.
7) G.O.Ms.No.205, Industries & Commerce (M.IV) Department, dated 12.12.2014.
8) G.O.Ms.No.207, Industries & Commerce (M.IV) Department, dated 17.12.2014.
9) G.O.Ms.No. 19, Industries & Commerce (M.II) Department, Dated. 15- 01-2016.

                                                ***

ORDER:

The following Notification shall be published in the Extra-Ordinary issue of the Andhra Pradesh Gazette with immediate effect.

                                                   NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 15 of the Mines & Minerals (Development & Regulation) Amendment Act, 2015, the Governor of Andhra Pradesh hereby makes the following amendments to Rule 9 of Andhra Pradesh Minor Mineral Concession Rules 1966 in supercession of the orders issued earlier vide references 1st to 8th read above.

                                                 AMENDMENT

In the said rules, in place of existing rules viz. 9-B to 9-U, the following shall be substituted.

“9-B: Lease of feasible Sand bearing areas in the State:-

(1) All the areas feasible for sand quarrying in the State shall be leased out for a period of one year through e-tender cum e-auction system subject to the conditions laid down for this purpose.
Provided that the Government reserves the right to allot any of the specified sand bearing area on nomination basis for consumption of sand in Government works such as Major Irrigation Projects, Capital Region Development and such other Public purposes on payment of the Seigniorage fees, contribution fund to District Mineral Foundation (DMF) and Mineral Exploration, Research and Innovation Trust (MERIT) at applicable rates.

(2) No in-stream mining of sand shall be allowed.

(3) No Sand Reach partly or fully falling in notified scheduled areas shall be leased out to any person who is not a member of Scheduled Tribe.

Provided  that this sub-rule  shall  not  apply to  an  undertaking  owned  or controlled by the State or Central Government or to a society registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964 which is composed solely of members of Scheduled Tribes.

(4) (i) Any Person/Society intending to claim leasehold rights under sub-rule 3 shall produce certificate issued by the competent authority specified by the Government to the effect that the said Person/Member of the Society belongs to Scheduled Tribe Category.

      Explanation: For the purpose of this rule:-

(a)  The expression “Schedule Tribes” shall have the same meaning assigned to it in Clause (25) of Article 366 of the Constitution of India; and
(b)  The expression “Scheduled Areas” shall have the same meaning assigned
to it in Paragraph 6 of the Fifth Schedule to the Constitution of India.

(5)    The price of the sand for sale shall not be more than Rs.550/- per Cubic metre of sand in the state.

(6)   The District Level Sand Committee (DLSC) shall consist of the following members:-

1. The Joint Collector Chairman
2. Chief Executive Officer, Zilla Parishad Vice Chairman
3. Project Officer, ITDA Member
4. Project Director, District Water Management Agency(DWMA) Member
5. Revenue Divisional Officer concerned Member
6. Deputy Director, Ground Water Dept. Member
7. Executive Engineer, Irrigation Department Member
8. Executive Engineer, Rural Water Supply concerned Member
9. District Panchayat Officer Member
10. Asst. Director of Mines & Geology concerned Member Convenor

(7)     The District Level Sand Committee shall be the Competent Authority to decide on:-

(i)  Identification of specified sand reaches for e-tender cum e-auction.
(ii)  Fixation of the Value of the Reserves to arrive at Earnest Money Deposit (EMD).
(iii) Fixation of Minimum Bid Amount.
(iv) Conduct e-tender cum e-auctions for specified sand bearing areas.
(v)  Constitution of flying squads/ task force to regulate sand mining and transportation in the district.

9-C. Identification of sand reaches.

1.  The  Joint  Inspection  Team  comprising  of  Deputy  Director,  Ground Water Dept., Executive Engineer, Irrigation Department, Executive Engineer Rural Water Supply (RWS), Revenue Divisional Officer/ Tahsildar concerned and Asst. Director of Mines & Geology shall inspect and identify the sand bearing areas feasible for extraction of sand in the District and shall submit the report to the DLSC with their specific recommendations.

2.  Responsibility of each member of the Joint Inspection Team:

(i) The Deputy Director, Ground Water Department shall fix the geo- coordinates of the feasible sand bearing area covering a quantity preferably one lakh cubic metres, and examine the technical feasibility of sand extraction under AP WALT Rules, 2004.

(ii) The Executive Engineer of Irrigation Department shall identify the ramps for the specified sand bearing area to extract and transport the sand.

(iii)  The Executive Engineer, RWS shall inspect the area to identify the drinking water structures.

(iv) The Revenue Divisional Officer/Tahsildar shall fix the boundaries of  the  specified  sand  bearing  area  on  ground  and  prepare sketches in FMB, Village Map or maps as the case may be.

(v) The  ADM&G  concerned  shall  estimate  the  extractable  sand quantity from the specified sand bearing area based on the thickness of the sand deposit.

3.  Identification of feasible sand bearing areas shall be carried out on continuous basis or as decided by the Chairman, DLSC depending upon the prevailing conditions.

9-D:  Procedures  to  be  followed  by  the  District  Level  Sand Committee (DLSC) for e-tender cum e-auction  of  feasible sand bearing areas:


(i) The DLSC shall arrive at the Value of Sand Reserves of the feasible sand bearing area by multiplying the estimated quantity of sand to be extracted during the tenure of auction with the upper limit of the sale price of sand per cubic metre as mentioned at Rule 9-B (5).

(ii)The DLSC shall fix the Minimum Bid Amount in the range of 15% -
20% of the upper limit of the sale price as mentioned at Rule 9-B (5).

(iii) The DLSC shall fix the period of lease for a maximum of one year depending on the estimated quantity of sand reserves and shall not consider extension of lease period beyond one year from the date of execution of lease deed under any circumstances.

(iv) The DLSC shall monitor the sand extraction, transportation and sale as per the instructions issued by the Director of Mines and Geology under Rule 9-G of these rules.


9-E:  Inviting applications for conduct of sand e-tender cum e-auction:

(1) DLSC shall issue a Notice Inviting Tender (NIT) in Form-S1 in case of regular sand reaches and Form-S3 in case of de-siltation of sand  from  reservoirs  and  tanks  for  forward  auction  of  the identified sand reaches.

(2) Auction shall be conducted only through e-tender-cum-e-auction platform. DLSC shall utilize the online e-tender cum e-auction platform prescribed by the Director of Mines & Geology.

(3) Eligibility Conditions

(a) Net worth of the bidder shall be at least 5% of the value of the sand reserves. The net worth will include bank deposits, national saving certificates, post office deposits, valuation certificate of the assets issued by a Chartered Accountant.
(b)  Copies of IT returns for last two years alongwith copy of
PAN card.
(c) Copy of Aadhar.
(d) A  notarized  affidavit  on  Rs.100  NJS  paper declaring  the leases for major and minor minerals held by the bidder in the state of A.P and no mineral revenue dues to the Government of AP.
(e) A notarized affidavit on Rs.100 NJS paper declaring that no criminal cases are pending or filed against the bidder.
(4) No person or company shall apply and hold more than two sand
reaches in the state.
(5) A person or Company who are willing to excavate and sell the sand at equivalent or below the price mentioned at Rule 9-B(5) may participate in e-tender-cum-e-auction of the reach.
(6) Leases  granted  for  sand  by  e-tender  cum  e-auction  are  not transferrable.
(7) EMD shall be 1.0% of the value of the estimated sand reserves but
not less than Rs 1.00 lakh and to be deposited in the account as prescribed in the tender document.

(8) The tender fee for participation of e-tender cum e-auction is of Rs. 25,000 per reach upto 20,000 Cubic metres of Sand,  Rs.50,000 for  reach  above 20,000  Cubic metres and  upto 40,000  Cubic metres, and Rs.1 Lakh for reaches above 40,000 Cubic metres, and payable in the account as prescribed in the tender document.

(9) The bidders shall pay, for the purpose of payment to the State Government, a portion of the sale price per cubic metre above the “Minimum  Bid  Amount” with  a  minimum incremental  value of Rs.2/- per Cubic Meters on each revision.

(10)        The amount equivalent to the highest value offered through e-tender cum e-auction per cubic metre, offered by the successful bidder multiplied by the estimated quantity of sand reserves in the sand reach is the “Consideration amount”

(11)        The bidders shall be provided a maximum of 3 weeks from issue of Notice Inviting Tender (NIT) for complying with eligibility conditions, and the bidding process shall commence on expiry of such period.


(12)         The auction shall be an ascending forward online electronic auction and shall comprise of the following phases, namely

(a) First phase commencing from issue of NIT:-

(i)  The bidders shall submit a technical bid comprising amongst others, documentary evidence to confirm eligibility to participate in the e-tender cum e-auction,
(ii) EMD and such other documents and payments as may be
specified in the tender document

(iii)  Only  those  bidders  who  are  found  to  be  eligible  in accordance with the terms and conditions of eligibility as specified in tender document shall be referred to as “Technically Qualified Bidders” and are only eligible to participate in e-tender cum e-auction;

(iv) Submission of technical bid, along with tender fee and EMD, implies  that  the  bidder  has  accepted  the  terms  and conditions of tender document and bidder shall abide by the same.

(b) The second phase comprises of:-

(i) The  Technically  Qualified  Bidders  may  submit  their  price offer which shall be a portion of the sale price per cubic metre  of  sand, which is greater than  the “Minimum Bid Amount” notified by the Government.
(ii) The  final  consideration  amount  may  be  revised  till  the conclusion  of  the  e-tender  cum  e-auction  as  per  the
technical specifications of the auction platform;
(iii)Bidders may quote their bid value on e-tender or e-auction or  both. However, bid value on e-tender can be quoted only once,  whereas during the e-auction, bidders get a chance to quote a  value higher than the prevailing highest value at the given  time.
(iv) The Technically Qualified Bidder who offer the highest consideration amount shall be declared as the “Successful Bidder” on conclusion of the e-tender cum e-auction.
(v)   When the Technically Qualified Bidders do not participate in
the  second phase of e-tender or e-auction, their EMD shall be forfeited and shall be disqualified from the tender process.
(vi)   The EMD of unsuccessful bidders will be returned within
fortnight of conclusion of the e-tender cum e-auction.

(13)         In case, Technically Qualified Bidders are less than three in the first attempt, the auction shall be cancelled.

(14)         The DLSC may, decide not to annul the auction process if even in the second attempt, the total number of technically qualified bidders continues to be less than three. However, even in the second attempt, if only one Technically Qualified Bid is received, the auction shall be annulled.

(15)        The Government reserves right to cancel the e-tender cum e- auction of any feasible sand bearing area notified for auction at any stage without assigning any reasons therefor.

9-F:  Grant of leasehold right to the Successful Bidder for
Extraction and Sale of Sand:

(1) The Successful Bidder shall pay twenty five per cent (25%) of the Consideration Amount within immediate next working day from the date of conclusion of e-tender cum e- auction.

(2) The Member Convenor shall issue a letter of intent (LoI) to the Successful Bidder, within two working days after receipt of the first installment of the consideration amount.

(3) The Successful Bidder shall, within 45 (forty five) days from the date of conclusion of e-tender cum e-auction,:

i.  Pay the balance seventy five per cent (75%) of the
Consideration Amount.
ii. Submit    Approved    Mining    Plan,    Environmental Clearance, Consent for Establishment and Ramp Clearance obtained from the concerned Executive Engineer, Irrigation Department.
iii. Pay an amount equivalent to 2% of the value of sand reserves towards Security deposit in the form of Bank Guarantee issued by any Nationalized Bank.

(4) The consideration amount shall be deposited to the Head of Account prescribed for this purpose.

(5) The Member Convenor shall, on receipt of payment of remaining 75% of Consideration Amount and submission of statutory clearances by the successful bidder, submit proposal  to  the  District  Collector  through  the  Chairman, DLSC and the District Collector shall grant quarry lease for the specified sand bearing area within seven days, of submission of proposal.

(6) The Member Convenor, on payment of Seigniorage Fee, contribution fund to DMF and MERIT at applicable rates, for the  total  estimated  quantity  of  sand  by  the  successful bidder, shall execute the lease deed within 3 working days from the date of issue of grant order in Form-S4 or Form-S6 for regular sand reaches, de-siltation of sand from reservoirs as the case may be.

(7)   After   auction   of   sand   reaches,   DLSC   will   fix transportation cost duly considering distance bands suitable to the district geography (e.g. up to 50 Km, 50 to 100, 100 to 150 Km and so on) mutually agreeable to DLSC and Lessees in consultation with RTO/DTC of Transport Dept.

(8) The Member Convenor shall forfeit the EMD and 25% consideration amounts paid by the successful bidder when the bidder fails to fulfill the time bound conditions in the Auction notification and the reach will be put for re-auction.

(9) The successful bidder shall obtain Approved Mining Plan, Environmental clearance and consent for Establishment not later than 45 Days from date of issue of Letter of Intent (LOI). Failure to obtain all clearances shall result in cancellation of Bid and forfeiture of all amount and securities paid so far.

(10)    The successful bidder shall submit a copy of VAT Registration Certificate before start of sale of sand.

(11)  The government  shall  not  be liable in case of any change in law or in statutory clearances.

9-G:  Director Of Mines and Geology shall issue operational guidelines for extraction and sale of sand to maintain environmentally sustainable sand mining in the State.

9-H:  The State Level Committee shall consists of :- i.   Chief Secretary – Chairman
ii.   Spl. Chief Secretary, Rural Development Dept. iii.   Principal Secretary, Irrigation & CAD Dept.
iv.   Secretary (Mines), Industries & Commerce Dept.
v.   Director General of Police, AP
vi.   Commissioner, Rural Development. vii.   Commissioner, Transport Department.
viii.   Director, Ground Water Dept.
ix.   Engineer–in-Chief (Major Irrigation), I & CAD. x.   Engineer–in-Chief (Medium Irrigation) I & CAD. xi.   Engineer–in-Chief (Minor Irrigation) I & CAD.
xii.   Engineer-in-Chief, Roads & Buildings Department. xiii.   Engineer-in-Chief, RWS Department.
xiv.   Director of Mines & Geology – Member Convener.

The State Level Committee shall meet atleast once in a period of three months to review the performance and issue guidelines for proper implementation of the rules.


9-I:   Regulation    of    Sand    extraction    in    III    Order
Streams/Rivers:

(1) Regulation  of  Sand  extraction  up  to  III  Order  Streams  shall  be  in accordance with Rule 23(1)(a) of AP WALT Rules 2004.

Provided that transportation of sand from these areas shall be through bullock carts only for local use and sand transportation from these areas shall be:

(i) On payment of Seigniorage Fee, contribution fund to DMF and MERIT at applicable rates:
(a) for weaker section housing schemes and Swachh Bharat related activities on a certificate issued by any officer nominated by the District Collector to the concerned department head of the district;
(b) for self consumption by the local habitants basing on the actual requirement

(ii) Sand consumed in local Government works on payment of Seigniorage fees.

(2) Any indiscriminate sand mining in the areas of below III Order Streams shall be dealt under rule “9-Q offences” by the Tahsildar concerned and the Mandal Parishad Development officer concerned , or any other officer authorized in this behalf by the DLSC.

(3) Mandal shall be treated as a unit for free movement of sand within the jurisdiction.

(4) The DLSC reserves the right to allot the feasible sand bearing areas through e-tender cum e-auction, if the thickness of sand is more than 3
Mts and the sand reserve is more than 20,000 Cbm.


9-J:   De-siltation of Reservoirs and Tanks:

(1)     Govt. reserves the right to allot all or any of the Reservoirs to Public Sector Undertakings (PSU) on nomination basis for sale of sand sourced through de-siltation process.

(2)     The Chief Engineer, Supdt. Engineer or Executive Engineer as the case may be, shall submit the proposals of de-silting of major, medium and minor reservoirs to District level Sand Committee.

(3)     The DLSC shall issue notification inviting bids for allotment of the areas proposed for de-siltation in the form prescribed under Rule 9- E.

(4)     The auction procedures and granting of lease is as per Rule 9-E and
9-F stated for regular sand reaches in the District excluding the process of obtaining AMP, EC, CFE and CFO since it is a de-siltation
activity.

(5)     The  Successful  bidder  shall  carryout  de-siltation  as  per  the instructions issued by the Irrigation & CAD Department.

(6)     The successful bidder shall identify a specified sand stock yard and transport the desilted sand to the stock yard with e-transit form issued by the ADM&G concerned in Form – S12.

(7)     The successful bidder shall obtain Mineral Dealer License from the Deputy Director of Mines and Geology concerned and dispatch the sand  along  with  transit  pass  in  Form-E  issued  by  the ADM&G concerned.

(8)     De-siltation, transportation and sale of sand shall be as per the conditions laid down in Rule-9E & 9F.


9-K:  De-casting Patta Lands:

(1) The DLSC shall issue notice, in Form S-2, inviting applications from the flood affected pattadars or registered consent holders of the pattadars whose lands are abutting the river banks and interested to de-cast sand from their pattalands for reclamation of land for agricultural purpose.

(2) The  Member  Convenor,  DLSC  shall  refer  the  applications received from the pattadars to the Tahsildar concerned.

(3) The Tahsildar concerned shall inspect the applicant’s area and submit a report on the following points:

a. Verification of genuineness of the information furnished by       the applicant.
b.  Identification  of  boundaries  of  the  pattalands  and demarcating the area on FMB and Village map.
c. Geo-coordinates of the patta land.

(4)  The  joint  inspection  team  of  the  DLSC  shall  inspect  the pattaland and assess the quantity and value of the Sand Reserves proposed to be de-casted.

(5) The DLSC shall charge the pattadar to pay the highest Consideration Amount paid by the successful bidder in the District,  Seigniorage  Fee,  contribution  fund  to  DMF  and MERIT, and other taxes as applicable for the estimated quantity of sand.

(6) The Pattadar or his registered consent holder shall also pay an amount equivalent to 2% of the value of sand reserves towards Security deposit in the form of Bank Guarantee issued by any Nationalized Bank.

(7) After receipt of the consideration amount, Seigniorage Fee, contribution fund to DMF and MERIT, and other taxes as applicable for the estimated quantity of sand, Security Deposit, the Member Convenor shall issue letter of intent to the pattadar or consent holder to submit Environmental Clearance, Consent for Establishment and Consent for Order within 45 days.

(8) The Member Convenor shall, on receipt of statutory clearances from the successful bidder, submit proposals to the District Collector through the Chairman, DLSC and the District Collector shall grant quarry lease for the specified sand bearing area within seven days of such submission

(9) The Member Convenor, on payment of Security deposit,  shall execute the lease deed within 3 working days from the date of issue of grant order in Form-S5 for de-casting sand from patta lands.

(10) The ADM&G concerned shall issue transit forms through e- permit system for the quantities intend to be dispatched.


9-L:   Responsibilities of the successful bidder/Pattadar: The successful bidder/Pattadar shall:
(1) Pay  consideration  amount,  Seigniorage  Fee,  contribution
fund to District Mineral  Foundation (DMF) and MERIT as applicable, IT and other applicable taxes at the prevailing rates.

(2) (i) Pay Seigniorage Fee, contribution fund to DMF and MERIT at applicable rates, for the total estimated quantity of sand before execution of the lease deed, in case of feasible sand bearing area leased out through e-tender cum e-auction or the area proposed for de-siltation as the case may be.

(ii)  Pay  Seigniorage  Fee,  contribution  fund  to  DMF  and MERIT at applicable rates, for the total estimated quantity on receipt of LOI from the Member Convener in case of pattalands.
(3) Obtain Approved Mining Plan from the competent authority. (4) Obtain  Environmental  Clearance,  CFE  &  CFO  from  the
competent authorities.

(5) May, if required, establish stock yard and obtain Mineral Dealer license from competent authority under APMD Rules 2000.

(6) The expenditure required for obtaining all clearances shall be met by the successful bidder.

(7) Abide by the provisions of MMDR Act 2015 and rules made there under, the River Conservancy Act, 1884, AP WALT rules 2004, and the Environment Protection Act, 1986, subsequent amendments issued by the State and Central Governments and their agencies from time to time.

(8) Conduct  operations  as  stipulated  in  these  Rules  and  in accordance with the conditions imposed in Approved Mining Plan & Environment Clearance issued by MoEF, CFE & CFO issued by APPCB.

(9) Not quarry within 500 Metres of any existing structure such as bridges, dams, weirs or any other cross drainage structures. The local officials of the respective departments shall protect their structures and to establish and maintain a signboard at periphery of 500 mts distance indicating that no sand mining is allowed.

(10)Not permit tractors carrying sand to ply over the flood banks except at cross points or bridges.

(11) Extract the sand manually.

(12) Extract and sell sand from the reach/pattaland or dispatch sand to the stock yard along with Form-S10 or Form-S12 as the case may be through Tractors only of each 3 Cum.

(13) Extract the sand, at least 70% of the monthly production quantity as per the approved mining plan. In case of a shortfall in the monthly production, one time Seigniorage fee, contribution funds to DMF and MERIT as applicable, shall be levied and collected towards penalty for the shortfall quantity.

(14) Obtain transit passes from the Member-Convener under the Andhra Pradesh Mineral Dealer Rules, 2000 to sell sand from the stockyard.

(15) Abide to sale sand at not more than the upper limit of the sale price as mentioned at Rule 9-B(5).

(16) Maintain daily production and dispatch register in Form-S7, Form-S8 or Form-S9 as the case may be.

(17) Furnish online returns prescribed under various statutes to the Member-Convener.

(18) Dispatch the sand from th e stock yard with i n 15 days from the date of expiry of the Mineral Dealer License Period. If the successful bidder does not remove the extracted sand from the stockyard area within the said period, it shall be the property of the Government and the District Level Sand Committee  (DLSC)  shall  dispose  the same in through e- tender cum e-auction.

(19) A  penalty  of  Rs  1000  per  Cu.  Mt.  or  Rs  1,00,000/-, whichever is higher, shall be levied for quarrying of sand beyond the specified limits or in excess of thickness permitted.

(20) In the event of contravention of any of the conditions/rules during extraction of sand, the District collector shall, after giving a notice of (7) days, terminate the lease, forfeit the security deposit paid at the time of execution of lease deed and take possession of the area.

9-M:   Remittance   of   Seigniorage   Fee  to   Zilla   Parishad
General Funds:
Seigniorage Fee shall be remitted to the General Funds under the Head of Account of Zilla Parishad.

9-N:   Ban on sand transportation across border:

(1) No transportation of sand from the State shall be made across the border to other States.
(2)  An  amount  of  Rs.400/-  per  cubic  metre  of  sand  shall  be collected from the person who transports sand from other States.


9-O: Exit Plan for the existing leases:

i. For all III order streams, SHGs (MACs) shall hand over the sand reaches to the local Panchayath Secretaries from 01.02.2016.

ii. Regarding IV, V and above order streams, SHGs (MACs) shall hand over existing reaches to the Officer authorized by DLSC w.e.f 01.02.2016 and these sand reaches will be allotted through e-auction for the balance quantity of sand available in the reaches as on 01.02.2016 as per their respective EC approved quantities. DLSC is authorized to initiate auction process well in advance to enable successful bidders to take over the sand reaches immediately after 01.02.2016.

9-P:  Manufactured Sand as alternative to natural sand:

(1) Manufactured Sand in the form of Crushed Stone Sand shall be encouraged  as  an  alternative  to  River  sand  in  order  to conserve Rivers and streams.

(2) Specific   policy   for   Manufactured   Sand   will   be   issued separately.


(3) The   Government   of   Andhra   Pradesh   will  also   promote construction technologies that consume less sand like Autoclaved Aerated Concrete (AAC), pre-fabricated structures made of fly ash or recycled construction waste.

9-Q:  Offences:

(1) Transportation of sand without valid documentary evidence shall be penalized as follows:


Vehicle Type First time offender fine Amount (in Rs.) Second time offender fine Amount (in Rs.)
Tractor                                                       25,000                          50,000
Lorry upto 10 Tons Capacity                       75,000                 1,50,000
Lorry above 10 Tons Capacity            1,00,000                2,00,000

(2)  Penalty of  Rs.2,000/-  per  Cubic  meter  shall  be levied  and collected over the excess sand lifted over and above the permitted quantities.

(3) Vehicles involved in illegal transportation of sand on more than
2 occasions shall be confiscated by any officer authorized by the  Joint  Collector  and  Addl.  District  Magistrate  through notification from time to time.

(4)   The offence committed under sub rule (5) shall be a cognizable
Offence under Section 379 of Criminal Procedure Code (CrPC).

(5)  Any machinery like JCB, Poclains etc., involved in illegal sand mining, a penalty of Rs.2.00 lakhs shall be levied and collected from the person responsible for such act. In case of repeated violation, the machinery shall be confiscated and disposed in public auction.

(6)   Whenever any person extracts sand or has extracted sand without any lawful authority and already disposes off, or has disposed,  the  officer  authorized  in  this  behalf  by  the Joint Collector  and  Addl.  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.

(7)   If any un-authorized stocking of sand is found, such stocks of sand shall be seized by the officer authorized in this behalf by the Joint Collector and Addl. District Magistrate and shall be disposed by him through e-tender cum e-auction

 (8)  The Director of Mines and Geology shall maintain a website for the purposes of building the data of vehicles penalized.

(9) An authorized officer who seizes any vehicle / machinery shall order  confiscation  of  the  vehicle  so  seized,  and  present  it before the Joint Collector & Additional District Magistrate, who shall dispose the vehicle in e-tender cum e-auction.

(10) No order of confiscation of any vehicle/ machinery shall be made unless the person from whom the vehicle /machinery is seized is given:-

i.    A notice in writing is provided to the owner (as per records of the Transport Dept) informing the person of the grounds on which it is proposed to confiscate such property.
ii.   An opportunity of making a representation in writing and in person within 7 days against the proposed confiscation; and

(11) Any officer who seizes any vehicle / machinery where he makes a report of such seizure to the competent authority shall place the same in the custody of the nearest Police station.

(12) The vehicle/machinery seized under this rule shall be kept in the custody of      the Station House Officer/Motor Vehicle Inspector concerned until an order of the Competent authority directing its disposal is received.


9-R: Appeal and Revision:

i. Up to III order Streams/Rivers:

a)   Any person aggrieved by an order passed by Tahsildar / MPDO / an officer authorized by DLSC may prefer an appeal before the DLSC within fifteen (15) days from the date of receipt of such order.
b)   Any person aggrieved by an order of the Chairman, DLSC may prefer a revision before the District Collector within fifteen (15) days from the date of receipt of such order.


ii. IV, V & above order Streams/Rivers:

a)   Any person aggrieved by an order passed by DLSC / District Collector may prefer an appeal / a revision before the Director of Mines & Geology/ State Government as prescribed under Rule 35 of APMMC Rules, 1966.

b)   In case of orders involving penalty, the person aggrieved by such orders, shall file the revision duly paying 50% of the demanded amount as deposit in the form of demand draft drawn in favour of the Asst. Director of Mines & Geology concerned.

9-S : Saving:

1) The provisions of the Andhra Pradesh Minor Mineral concession rules, 1966 is applicable for the matters not mentioned herein.
2) The Government shall have the right to give clarifications from time to time for effective implementation of these rules.

Encl: (Forms S1 to S12 & Tender document)


(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
                                                                   M.GIRIJA SHANKAR
                                                 SECRETARY TO GOVERNMENT (FAC)

 Click for full G.O. in PDF

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