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.

                               --::o0o::--
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)

******


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.
---------------------------------------
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.

                                    --::o0o::--

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)

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