Certain amendments to the Andhra Pradesh Minor Mineral Concession Rules, 1966

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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Andhra Pradesh Minor Mineral Concession Rules, 1966 – Certain amendments to the Andhra Pradesh Minor Mineral Concession Rules, 1966 – Orders - Issued.

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INDUSTRIES & COMMERCE (MINES-II) DEPARTMENT
G.O.MS.No. 51 Dated: 28-03-2018
 Read the following:-
1. G.O.Ms.No.1172, Ind. & Com. (B.I) Dept., Dt.04.09.1967.
2. G.O.Rt.No.202, Ind. & Com. (M.II) Dept., dt.30.06.2017.
3. From the DM&G, GoAP., Ibrahimpatnam, Krishna District,
Lr., No.7836/P/2014, Dt. 24.11.2017.

                            --::o0o::--
ORDER:

                In the G.O. 2nd read above, Government has issued orders according permission for empanelment of agencies to carry out Differential Global Positioning System (DGPS) surveys for existing mining leases and prospecting licenses and for preparation of mining blocks for auction to comply the Government of India instructions and mineral auction rules, 2015.

2. In the letter 3rd read above, the Director of Mines & Geology, Government of Andhra Pradesh, Ibrahimpatnam, Krishna District has stated that the Department of Mines & Geology is in the process of empanelling the Differential
Global Positioning System (DGPS) survey agencies to conduct Differential Global Positioning System survey and those agencies are supposed to take DGPS readings for each and every mine / quarry, while interlinking these mine data
with DGPS of Survey of India, as per the directions of the Indian Bureau of Mines, Nagpur.

3. The Director of Mines and Geology has, therefore, sent a proposal accordingly to Government in detail to amend the existing Rules 9 (1), 12(1), 12(5)A1, 13(1), 16(2) and 31 (VI) of the Andhra Pradesh Minor Mineral Concession Rules, 1966.

4. Government after careful examination of the matter hereby decided to make suitable amendments to the said Rules.

5. Accordingly, the following notification will be published in the Extra Ordinary issue of the Andhra Pradesh Gazette dt.28.03.2018.

NOTIFICATION

In exercise of the powers conferred under sub-section (1) of section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No.67 of 1957), the Governor of Andhra Pradesh hereby makes the following
amendments to the Andhra Pradesh Minor Mineral Concession Rules, 1966 issued in G.O.Ms.No: 1172, Ind. & Com. (B.I) Department, dated 4th September, 1967, as subsequently amended from time to time:-

AMENDMENTS

In the said Rules,-
1. for rule 9(i), the following shall be substituted namely,-
“9 (i): Every application for grant or renewal of
quarry lease for any minor mineral except Sand,
Granite, Marble and 31 Minerals in respect of a land
shall be made on Form B along with a sketch/plan
drawn to the scale demarcating the boundaries duly
incorporating the Differential Global Positioning
System (DGPS) readings of each corner/boundary of
the applied area to the Assistant Director Mines and
Geology in whose Jurisdiction the land lies.”

2. for rule 12 (1), the following shall be substituted namely,-

 “12(1):-A Quarry lease for any minor mineral except
Granite useful for cutting and polishing, Marble and the
31 minerals mentioned at Sl. No. 18 to 48 in
Schedule-I of rule 10 shall be granted subjected to the
provisions sub-rules (2) and (3) by Deputy Director on
an application in Form-B made to the Assistant Director
of Mines & Geology, concerned. Each application shall
be accompanied by a sketch drawn to the Scale
demarcating the boundaries incorporating the DGPS
readings (Geo Co-ordinates) duly signed by the
applicant and by a qualified Surveyor. Every application
shall be accompanied by treasury or bank challan for
Rs.5,000/- (Rupees Five Thousand) towards nonrefundable
application fee and a deposit of Rs.10,000/- (Rupees Ten Thousand) for every hectare or part thereof by a treasury challan in a Head of Account notified by the Director for this purpose. The Deposit amount shall be refundable when the application is rejected on technical grounds like non availability of area, rejection of No Objection Certificates (NOC).

 The deposit amount shall be forfeited when the
applicant fails to attend Survey and inspection,
withdrawal of the application by the applicant, non
execution of the lease and for any other lapse on the
part of the applicant.

 Provided that the Andhra Pradesh Mineral
Development Corporation Limited is exempted from
payment of deposit.”

3. for rule 12 (5) (ai), the following shall be substituted namely,-

 “12(5) (ai):- A Prospecting License or Quarry Lease
for Granite useful for cutting and polishing, Marble
and 31 minerals mentioned at Sl. No. 18 to 48 in
Schedule- I of Rule 10 shall be granted by the
Director on an application made to the Assistant
Director of Mines and Geology concerned in Form N
or P and each such application shall be accompanied by a plan drawn to the Scale with DGPS reading in proper notation as a accuracy level of five digits in seconds in the location or position format as hddd.mm.ss.sssss for each corner or
angle termination while demarcating the boundaries
and incorporating the DGPS readings (Geo Coordinates)
duly signed by the applicant and by a qualified Surveyor and by a treasury challan for Rs. 10,000/- ( Rupees Ten Thousand) towards nonrefundable application fee and a deposit of Rs.25,000/- (Rupees Twenty Five Thousand) for every hectares or part thereof by a treasury challan in a
Head of Account notified by the Director for this
purpose. The deposit amount shall be refundable
when the application is rejected on technical
grounds like Non availability of area, rejection of No
Objection Certificate (NOC). The deposit amount
shall be forfeited when the applicant fails to attend
Survey and inspection, withdrawal of the application
by the applicant, non execution of the lease and for
any other lapse on the part of the applicant.
Provided that the Andhra Pradesh Mineral
Development Corporation Limited, (a wholly owned
State Government Undertaking) is exempted from
payment of deposit in case of applicant in Forest
area.

If the applicant finds difficult in submitting
DGPS reading at the time of filling applications,
he/she/they submit the same within 30 days from
date of receipt of application. If the applicant fails
to submit the same within 30 days, it will be
rejected U/R 13(1) of APMMC Rules 1966 under
non- submission or insufficient material papers.”

4. for rule 13 (1), the following shall be substituted namely,-
 “13(1):-The applications for the grant of quarry leases
for any minor minerals 2[except sand, granite
useful for cutting and polishing and marble] shall
be disposed of by the Deputy Director concerned.

 The Deputy Director concerned shall reject the
applications in the event of default on the part of the
applicants for not attending inspection or survey or
non-submission of Mineral Revenue Clearance
Certificate or any other material papers or insufficient
submitted material papers as required by Deputy
Director concerned.”

5. for rule 16 (2), the following shall be substituted namely,-
 “16(2): Every application for surrender of part of
the leasehold area in accordance with the
provisions of sub-rule (1) shall be accompanied
by [a deposit of Rs. 500/-] for meeting the
expenditure for the purpose of survey and
demarcation of the area to be surrendered with
the plan showing surrendered area and retained
area in the manner as prescribed Under rule
12(5)(a)(i) of APMMC Rules 1966:

 Provided that where a lessee applies for
the surrender of the whole or part of the
leasehold area on the ground that such area is
barren or the deposits of minerals being since
exhausted or depleted to such an extent that it
is no longer economical to work such area, the
1[Deputy Director or the Director of Mines and
Geology] shall permit the lessee, from the date
of receipt of the application, to surrender that
area if the following conditions are satisfied,
namely:–

(a) The leasehold area to be surrendered has been properly surveyed
and the retained area is contiguous;
(b) The lessee has paid all the dues payable to the Government under
the lease upto the date of application;
(c) Surrender of the area by the lessee has not already been
permitted earlier.”
6. for rule 31 (VI), the following shall be substituted namely,-
 “31 (VI)(a): The lessee shall, effect and maintain at
his own expense, boundary pillars of substantial
material, standing not less than one meter above the
surface of the ground at each corner or angle in the
line of the boundary of the area under lease or
permit as per lease deed plan with DGPS reading as
presented Under rule 12(5)(a)(i) of APMMC Rules,
1966 and at intervals of not more than 183 metres
along with the boundary, delineated in the plan
attached to the area under lease or permit.

 31 (VI)(b):- For the Leases whose boundaries are
not taken DGPS readings (Geo Co-ordinates) shall
record the readings by the empanelled agency by the
Department for this purpose and erect the boundary
pillars all around the corners with the readings.”
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 B. SREEDHAR
 SECRETARY TO GOVERNMENT (MINES)

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