2016inds MS56

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GOVERNMENT OF ANDHRA PRADESH

ABSTRACT
MINES & MINERALS – Conservation and Development of Minor Minerals and
Regulation of 31 newly declared Minor Minerals – Orders – Issued.

INDUSTRIES & COMMERCE (M.II) DEPARTMENT

G.O.MS.No. 56 Dated: 30-04-2016


Read the following:

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


2. GSR No.423 (E), dt. 10-02-2015 from the Ministry of Mines, Govt. of
India, New Delhi.
3. G.O.Ms.No.105, Industries & Commerce (M.II) Dept., dt. 13-11-2015.
4. MoEF, GoI, Notification No.141(E), dt.15-01-2016.
5. G.O.Ms.No.18, Industries & Commerce (M.II) Dept., dt. 13-01-2016.
6. G.O.Ms.No.34, Industries & Commerce (M.II) Dept., dt. 14.03.2016.
7. G.O.Ms.No.38, Industries & Commerce (M.II) Dept., dt. 17-03-2016.
8. From the Director of Mines and Geology, Lr.No.7836/P/2014,
dt.01.04.2016.

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ORDER:

In the GSR 2nd read above, Government of India have notified 31


Major Minerals as Minor Minerals in addition to the minerals already declared by
the notification under section 3 (e) of Mines & Minerals (Development &
Regulation) Act, 1957. Therefore, suitable provisions for granting of mineral
concessions and regulation of mining operations in respect of these 31 minerals
have to be created under Andhra Pradesh Minor Mineral Concession Rules, 1966.

2. In the G.O 3rd read above, Government have amended Rule 10 of


Andhra Pradesh Minor Mineral Concession Rules, 1966 thereby incorporating the
31 minerals in Schedule-I to rule 10.

3. In the reference 4th read above, the Government of India notified


guidelines for constitution of District Level Environmental Impact Assessment
Authorities and other guidelines for issue of Environmental Clearances for Minor
Mineral leases for an extent of less than 5.000 Hectares etc. Accordingly, Mining
Plan has become a pre-requisite for obtaining Environmental Clearance. Hence, a
provision to the effect that quarry operations for Minor Minerals shall be
conducted in accordance with the Approved Mining Plan has to be incorporated.

4. In the G.O. 5th read above, the Government while Rechristening of


DMRTUF Trust as MERIT, and ordered to collect 2% on seigniorage fee on all
Minor Minerals as contribution to MERIT. As such, Andhra Pradesh Minor Mineral
Concession Rules, 1966 has to be amended to enable the department to collect
2% on seigniorage fee from the Lease holders.

5. In the G.O. 6th read above, orders were issued delegating the powers to
the Director of Mines and Geology, A.P., Hyderabad for grant of mining leases in
respect of newly declared (31) minor minerals.

6. In the G.O. 7th read above, the Government have announced the
Manufactured Sand Policy – 2016.

7. In the letter 8th read above, the Director of Mines and Geology has
proposed certain amendments to the Andhra Pradesh Minor Mineral Concession
Rules, 1966 for providing for grant and regulation of mineral concession for 31
minerals and conduct of quarry operations of the all Minor Minerals other than
Granite and Marble in accordance with the Approved Mining Plan.

Contd....
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8. The Government after careful examination of the proposal have


decided to amend the Andhra Pradesh Minor Mineral Concession Rules, 1966.

9. Accordingly, the following notification will be published in an


Extra-ordinary issue of the Andhra Pradesh Gazette dated.30-04-2016.

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 15 of


the Mines & Minerals (Development and Regulation) Act, 1957 (Central Act 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, Industries and Commerce (M.I) Department, dated.04-09-1967
as subsequently amended from time to time.

AMENDMENTS
In the said rules, -

1. after sub-rule (f) of rule 4, the following shall be added, namely,-

“(g) ‘Mining Plan’ means a Mining Plan prepared under rule 7-A and
scrutinized by Deputy Director of Mines and Geology for the
development of mineral deposits in the area concerned.

(h) ‘Recognized Qualified Person’ means a person or an agency


granted recognition by the Director of Mines and Geology or Indian
Bureau of Mines (IBM) accredited person or consultancy to prepare
Mining Plan.”

2. for the words ‘Granite and Marble’ wherever occur, the words ‘Granite,
Marble and 31 Minerals mentioned at Sl.Nos. 18 to 48 in Schedule – I
of rule 10,’ shall be substituted.

3. after rule 5 , the following shall be added namely,-

“ 5A (i) All the Mining Leases granted for the 31 Major Minerals that
are declared as Minor Minerals and incorporated at Sl.Nos.
from 18 to 48 in Schedule-I of rule 10 shall be regulated in
accordance with the Andhra Pradesh Minor Mineral
Concession Rules, 1966.
(ii) The provisions of rule 9 (iii) and rule 12 (5) (a) (ii) shall not
be applicable in respect of 31 minerals mentioned at
Sl.Nos. from 18 to 48 in Schedule-I of rule 10”.

4. after rule 7, the following rule shall be added namely, -

“7 A (i) For systematic and scientific development of minor mineral


deposits, quarry operations shall be under taken in
accordance with the Mining Plan approved by the
competent authority.

(ii) Mining Plan shall be prepared by a Recognized Qualified


Person (RQP) in accordance with in Form –T for Minor
Minerals other than Granite and Marble and submit to the
authority authorized in this behalf for approval duly paying
an amount of Rs.1,000/- towards processing fee.

Contd...
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(iii) Every Mining Plan duly approved under these rules shall be
valid for the entire duration of the lease. The lessee shall
review the mining plan and submit the scheme of mining
for the next five years of the lease, 120 days before the
expiry of the every five years period, for approval wherever
quarry lease is required beyond 5 years.

(iv) If the Approved Mining Plan requires modifications within


the lease period, the lessee shall carry out such
modifications and re-submit the modified mining plan to
the officer duly authorized in this behalf for approval”.

5. after sub-rule (5) of rule 10, the following shall be added, namely,-

(6) When the quarry lease is granted, the lessee shall pay an amount
equal to 2% on Seigniorage Fee towards contribution fund for Mineral
Exploration, Research and Innovation Trust (MERIT)”.

6. in rule 12, -
(i) for sub-rule (3) of the following shall be substituted, namely, -

“(3) The quarry lease applications for minor minerals under [items at
Sl.No.1 to 3(a)] of Schedule-I to rule 10 shall be disposed off by
the Deputy Director in order specified below:

(i) Application filed by Manufactured Sand Units (Existing units without


quarry and green field units).
(ii) Crusher owners who do not have quarries.
(iii) Applications of Societies of Professional/(local) Traditional stone
cutters (Waddaras).
(iv) Others.

Provided that the above priorities shall prevail if the subsequent


applications are received within 30 days of the receipt of the first
application, otherwise the applications shall be disposed off in the
order of their receipt.

Provided further that the Deputy Director may with the prior approval
of the Government grant a quarry lease overlooking the above
priorities for any special reasons to be recorded in writing.

Provided also that whenever more than one application falling under
category (1) above are received for grant of quarry lease and have to
be considered, the Deputy Director shall refer the matter to the
Government with his recommendations for a direction”.

(ii) sub-rule (4) shall be omitted.

(iii) in item (a) of sub-rule (5) for sub item (i), the following shall be
substituted, namely,-

“(i) A Prospecting License or a quarry lease for 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 by the Director
on an application made to the Assistant Director of Mines and Geology
concerned in Form “N” or “P” and each application shall be
accompanied by a sketch drawn to the scale demarcating the
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boundaries duly signed by the applicant and by a qualified surveyor


and by a treasury challan for Rs.10,000/- (Rupees Ten Thousand)
towards non refundable application fee and deposit of Rs.25,000/-
(Rupees Twenty Five Thousand) for every hectare or part thereof in a
bank 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 and non execution of the lease, and 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”.

7. in sub-rule (2) of rule 13,

(a) for the words “at least ninety days before”, the words “before
ninety days” shall be substituted.

(b) after the words “.... it shall be disposed off before expiry of the
lease period”, the words “the Director of Mines & Geology may
condone the delay in filing the application for renewal of quarry
lease after the time limit prescribed and such application is
received before expiry of the lease period”.

8. in the Note available under Second renewal of Condition (xiv) of rule 31,
for item (3), the following shall be substituted, namely,-

“(3) In case of leases for Minor Minerals useful for Road Metal,
Ballast and Manufacture Sand serving as captive source for
crushing unit/Manufactured Sand unit, the renewal may be
granted as long as crushing/manufactured sand unit is in
operation”.

Encl: Model Form-T

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

M. GIRIJA SHANKAR,
SECRETARY TO GOVERNMENT (MINES & FP) (FAC)

To
The Commissioner of Printing, Stationary (Ptg. Wing), A.P. Hyderabad. (He is
requested to publish the above Notification in an Extra-ordinary issue of Andhra
Pradesh, and arrange to send 1000 copies of the same to Government in
Industries & Commerce (M.II) Department).
The Director of Mines and Geology, Andhra Pradesh, B.R.K.R. Complex, Hyderabad.
All the Joint Director/Deputy Director/Asst. Director of Mines and Geology (through
the Director of Mines and Geology, Andhra Pradesh, Hyderabad)
Copy to:
The Secretary to Govt. Ministry of Mines, Govt. of India, Sashtri Bhavan, New Delhi.
The Law (H) Department. / The Finance Department.
The P.S. to Minister for Women Empowerment, Child Welfare and Disabled
& Senior Citizens Welfare and Mines & Geology.
The P.S. to Secretary to C.M.
SF/SC (C.No.14755/M.II(1)/2015)
//FORWARDED :: BY ORDER//

SECTION OFFICER

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