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:

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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.
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(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)


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