AP Sand Mining Policy 2016 No DWACRA Self Help Women Groups

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 Regulation of Sand extraction in IV order and above Streams/Rivers:

(1) The transportation of sand extracted from IV order and above Streams/Rivers shall be regulated by evolving suitable mechanism in the following manner:

(a) AP Sand Mining Policy 2016 Sand extracted from IV order Stream shall be utilized within the District.

(b) Sand extracted from V order and above Streams shall be utilized within the State.

(2) The Member-Secretary to the District Authority in co-ordination with the following Departments shall effect proper enforcement for extraction and transportation of sand from the specified sand bearing areas:

(i) Irrigation Department. (River Conservancy).
(ii) Ground Water Department.
(iii) Revenue Department.
(iv) Panchayat Raj & Rural Development Department.
(v) Mines & Geology Department.
(vi) Police Department.

9-J Issue of Short Term Permits:

AP Sand Mining Policy 2016 Owing to any exigency or pending finalization of allotment of any specified sand bearing area or change of policy, the District Authority may order for issue of short term permits on nomination basis for a period not exceeding sixty days as a contingency measure to any Government Agency against payment of

Seigniorage Fee and other taxes as per prevailing rate or revised during the tenure of short term permit in order to have uninterrupted supply of sand in the Market to continue all the welfare schemes and Government works.

9-K Establishment of stockyard by the Allottee:

(1) The Allottee shall establish a stockyard nearer to the bank of Stream/River with accessibility for transportation to stock sand, extracted from specified sand bearing area after obtaining a Mineral Dealer License as per A.P. Mineral Dealer Rules, 2000 framed under section 23-C of the Mines & Minerals (Development & Regulation) Act, 1957 from the Competent Authority and follow the provisions made
there under. A separate notification will be issued designating officers for the purpose.

(2) Shall dispatch sand from the stockyard after obtaining Transit Passes in Form-E from the Authority Competent under A.P. Mineral Dealer Rules, 2000.

(3) No dealer license shall be granted for processing/storing/stocking/selling/trading etc. of ordinary sand to any person/firm/ society/company who is not an Allottee in terms of these rules.

9-L De-casting sand from Pattalands:

AP Sand Mining Policy 2016 In case of the sand casted pattalands abutting the Riverbeds, if the pattadar intends to de-cast sand by himself:

(1) The pattadar shall apply to the Mandal Agricultural Officer, who after verification and assessment of sand shall issue Certificate and the Tahsildar concerned shall issue permit/waybills in Form-S8 after
payment of Seigniorage fee. The sand extracted from pattalands shall be disposed of after obtaining Mineral Dealer License under section 23- C of the Mines & Minerals (Regulation and Development) Act, 1957.

(2) To prevent indiscriminate removal of sand from pattalands from the Riverbed, care and caution shall be taken to ensure that no agent/GPA/Lease holders other than the farmer himself is involved in the process to eliminate vested interests.

(3) The operational guidelines for regulation of sand extraction from the pattalands shall be issued by the District Collector.

(4) In case of pattalands situated within the Riverbeds/course, extraction of sand shall be strictly prohibited and all such cases shall be dealt with separately by the River Conservator concerned.

(5) The extraction of sand in pattalands shall be for a period of 6 (six) months only.

(6) AP Sand Mining Policy 2016 The Government/District Collector shall frame guidelines from time to time on de-casting sand from pattalands.

9-M Applicability of these Rules on sand sourced in the process of de-silting:

(1) De-silting of Reservoirs/Water Bodies/UpStreams/Anicuts as and when taken by Irrigation and Command Area Development Department to enhance the storage capacity of the reservoirs and augment groundwater recharge in Command Area.

(2) AP Sand Mining Policy 2016 Sand sourced during the de-silting process shall be subject to Andhra Pradesh Minor Mineral Concession Rules, 1966 and dispatched by obtaining waybills as per Form-S9 issued by competent authority in the Irrigation and Command Area Development Department.

(3) Sand sourced from out of de-silting operations shall be utilized for various civil works by obtaining a Mineral Dealer License as per A.P.Mineral Dealer Rules, 2000 framed under section 23-C of the Mines & Minerals (Development and Regulation) Act, 1957 from the competent authority and follow the provisions
made thereunder. A separate notification will be issued designating officers for the purpose by the Irrigation & Command Area Development Department. 9-N Crushed Stone Sand as alternative to natural sand:
Alternate to River sand in the form of Crushed Stone Sand (Rock sand) shall be encouraged from the conservation point of view to River bed/in-Stream sand quarrying operations at affordable cost be made available to meet the requirement of bulk consumers.

9-O Apportionment of Seigniorage Fee to Zilla Parishad General Funds:

100% Seigniorage Fee shall be remitted to the General Funds under the Head of Account of Zilla Parishad concerned. The same shall be apportioned in the ratio of 25:50:25 among Zilla Parishad, Mandal Parishad and Gram Panchayat respectively.

9-P Ban on sand transportation across border:

No transportation of sand from the State shall be made across the border to other States.
9-Q Offences:

(1) Where there is a reason to believe that any machinery/vehicle has been used for extraction and transportation of sand in contravention to these Rules, such machinery/vehicle along with sand shall be
confiscated by any officer authorized by the Government through notification from time to time.

(2) Every officer seizing any machinery/vehicle under said sub-rule (1) shall place on such machinery/vehicle, a mark indicating that the same has been seized and shall submit a report of such seizure to the

AP Sand Mining Policy 2016

(3) An authorized officer who seizes any machinery/vehicle shall order confiscation of the machinery/vehicle so seized.

(4) No order of confiscation of any machinery/vehicle shall be made under sub-rule (3) unless the person from whom the machinery/vehicle is seized is given:-

(i) A notice in writing informing the person of the grounds on which it is proposed to confiscate such property.

(ii) An opportunity of making a representation in writing within such 11 time as may be specified in the notice against the grounds for confiscation; and

(iii) A reasonable opportunity of being heard in the matter.

(5) without prejudice to the provisions of sub-rule (4), no order of confiscation under sub-rule (3) of any machinery/vehicle shall be made if the owner of the vehicle thereof proves to the satisfaction of the
authorized officer that it was use in carrying the operations without his knowledge or connivance or the knowledge or connivance of his agent, if any, or the person in charge of the machinery/vehicle in
committing the offence and that each of them had taken all reasonable and necessary precautions against such use.

Provided that no order prejudicial to any person shall be passed without being offered an opportunity of being heard.

(6) Any person aggrieved by an order passed under sub-rule (1) or subrule

(4) may, within thirty days from the date of communication of such order, appeal to the District Court having jurisdiction over the area in which the machinery/vehicle has been seized, and the District Court may after giving an opportunity to the parties to be heard, pass such order as it may deemed fit and the order of the District Court so passed shall be final.

(7) Any officer who seized any machinery/vehicle under sub-rule (1) and where he makes a report of such seizure to the Magistrate under subrule (2) may release the same on the execution of a bond by the owner
thereof for the production of the machinery/vehicle so released, as and when directed by the Magistrate.

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

(9) Upon the receipt of any report under sub-rule (2), the Magistrate shall take such measures as may be necessary for the trial of the accused and the disposal of the machinery/vehicle according to law.

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