Revised orders to the G.O.Ms. No. 154 2012 related to sand mining


In exercise of the powers conferred under sub-section (1) of Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Act No.67 of 1957), the Governor of Andhra Pradesh hereby issues the following orders in supersession of the orders issued in the ref. 7th read above relating to the Andhra Pradesh Minor Mineral Concession Rules, 1966 issued in G.O.Ms.No.1172, Industries and Commerce Department, dated 04-09-1967 and as subsequently amended from time to time:

“9-B Regulation of extraction/disposal of Stream/River sand

(1)             Regulation of Stream/River sand extraction/disposal from the areas other than falling in Schedule Areas be done by the authorities specified under rule 9-C (6) and 9-I (2) “.

(2)            Allocation of specified sand bearing areas located partially/fully in Scheduled Areas shall be as per the Andhra Pradesh Panchayats Extension to Scheduled Areas (PESA) Rules, 2011 with Technical and Administrative support from Integrated Tribal Development Authorities (ITDA)/Andhra Pradesh Mineral Development Corporation Limited (APMDC Ltd.) under the direct supervision and control of the Agency Magistrate/District Collector concerned. Operational guidelines shall be  issued separately from time to time. 9-C Sand extraction upto III order Streams:

Sand extraction shall not be permitted in over-exploited notified areas except for local use in villages or towns bordering the Streams for bonafide purposes other than commercial operations/public trading/stocking etc. The Sand extraction:-

(1)            Shall be as per rule 23-(1)(a) of Andhra Pradesh Water Land and Tree Rules, 2004.

(2)            Shall be for local use:

(a)    free of cost:

(i)       for weaker section housing schemes on a certificate issued by the District Collector or any authorized officer;

(ii)     for own use basing on the actual requirement to be certified by Panchayath Secretary concerned and

(b)     for local use of sand in Government works on payment of seigniorage fee.

 (3)            The Panchayath Secretary of concerned Gram Panchayath shall issue way bills as prescribed by the Mandal Authority for the purposes mentioned under sub-rule (2).

(4)            Transportation of sand shall be by means of bullock carts/Tractors only.

(5)            The Mandal shall be treated as a unit for free movement of sand within the jurisdiction.

(6)            The District Collector shall put in place a proper administrative mechanism for enforcement of extraction and transportation of sand upto III order Streams comprising of:

(i)           Revenue Divisional Officer concerned

(ii)         Tahsildar concerned

(iii)        Representative from Ground water Department.

(iv)        Representative from RWS/Irrigation Department”.

9-D Identification of sand bearing areas in IV, V and above order Streams:

(1)            Identification of sand bearing areas shall be caused by District Level Committee (DLC) which consist of the following officers:

Joint Collector  

:

Chairman
District Panchayat Officer

:

Member
Dy.   Director,

Ground

:

Member
Water Dept      
Executive

Engineer,

:

Member
Irrigation.      
(Conservator

of   River

   
concerned).      
Executive Engineer, Rural

:

Member
Water Supply      
Asst. Director of Mines &

:

Member
Geology concerned    
Project Director, DWMA

:

Member
      Convenor

(2)            The respective District Level Committee (DLC) shall take up joint inspection to fix the boundaries, assess the sand in terms of quantity and study the environmental aspects with the Dept. of Ground Water, Irrigation/River Conservator, Department of Mines and Geology, A.P. Pollution Control Board, Panchayat Raj & Rural Development and Revenue Department”.

(3)                  The process of finalization of specified sand bearing areas to be notified as per the following:

(i)   Identify the Specified sand bearing areas (open excavation and underwater excavation) to be allotted.

(ii) Prepare feasibility report by the Ground Water Department in case of open excavation.

(iii)  Obtain clearance from Ground Water Department as per WALT Act & Rules in terms of area and quantity in case of sand bearing areas for open excavation.

(iv)   Prepare feasibility report by the River Conservator in case of underwater excavation.

(v)   Obtain clearance  from River Conservator in case of underwater extraction.

 (vi)  Obtain clearance from River Conservator for the notified ramps.

(vii)  Obtain approved mining plans from the competent authority by P.D. DWMA which is pre requisite for MoEF Clearance.

(viii)  Obtain MoEF Clearance from the competent authority.

(4)            The Joint Collector, Chairman of DLC  shall finalize the specified sand

bearing areas as per sub-rule (3) and shall cause notification of Sand bearing areas by Member Convenor of DLC after obtaining MoEF clearance for conducting draw of lots. Permission for extraction of sand shall be given only after obtaining CFO.

(5)               The District Level Committee (DLC) shall be the competent authority to scrutinize applications received by Project Director, DWMA & Member Convenor, District Level Committee (DLC) as per the criteria assigned in Rule 9-E.

 (6)               The Member Convenor of the DLC shall obtain required clearances for specified sand bearing areas as per sub-rule (2) from concerned authorities.

The expenditure for required clearances of feasible areas as per sub rule

(7)                  (6) shall be met from Zilla Parishad General Funds.

 (8)            The District Level Committee (DLC) shall arrive minimum assured amount for each of the specified sand bearing area as per sub rule (2) based on the quantity assessed by multiplying with seigniorage fee per Cu.Mt., as per scheduled rates.

 

(9)               The District Level Committee (DLC) shall fix sale price of the sand at stockyard as per prevailing standard scheduled rate (SSR) plus not more than 20% of SSR.

 (10)             The District Level Committee (DLC) shall ensure that the identification of areas feasible for extraction shall be on continued basis as per sub rule

 (3).  9-E Inviting Applications for allotment by draw of lots:

(1)         Notice inviting applications in Form-S1 shall be caused by the District Level Committee (DLC) for allotment of feasible sand bearing areas in the District for Riverbed extraction/open extraction and in Stream/underwater excavation of sand (other than Scheduled Areas) to be published in (2) local dailies not less than fifteen (15) days before the last date meant for receipt of applications.

(2)            Notification charges for publication of the allotment of feasible sand bearing areas as per sub-rule (1) shall be met from Zilla Parishad General Funds.

(a)         The period of allotment shall be for one year from the date of issue of consent for operation (CFO) by APPCB or till the extraction of quantity specified in the notification whichever is earlier.

(3)            Filing of application in prescribed Form-S2 by the applicants with the Member Convenor duly satisfying the terms & conditions stipulated therein on payment of Rs.5000=00 (Rupees Five Thousand Only) towards non-refundable fee through Demand Draft drawn in favour of Member Convenor from any Nationalized Bank. The application fee shall be remitted to the credit of Zilla Parishad General Funds.

(4)            Every  filled  in  application  shall  be  accompanied  by  the  following

    Identity/proof of any one – copy of voter identification card/ration card/Aadhaar card/Passport.

 (ii)             A Notarized affidavit in the prescribed form on a non-judicial stamp paper worth Rs.100/- declaring:

(a)         To abide by the Rules and conditions of allotment, agreement of allotment and any other orders issued during the period of allotment by the Government or District Level Committee from time to time.

(b)         Mineral Dues Clearance Certificate or a declaration in lieu of Mineral Dues Clearance Certificate in case the applicant did not hold any lease under Mines & Minerals (Development and Regulation) Act 1957, Mineral Concession Rules, 1960 and A.P Minor Mineral Concession Rules, 1966.

(c)         Copy of Income Tax Assessment for latest (3) years. Net worth of the applicant for the last three (3) years certified by a chartered accountant which shall be equal to the minimum assured amount notified for that specified area at least in any one of the three (3) years.

(d)         A declaration if the applicant is not an Income Tax Assessee alongwith a solvency certificate on the movable/immovable assets issued by the Competent Authority shall be furnished worth the minimum assured amount for the area applied for.

(e)         No Dues Certificate from Commercial Taxes Department or a declaration if the applicant is not a Commercial Tax Assessee.

(f)          In case of in-Stream/underwater extraction by Boatsmen Society, the Society shall submit Registration Certificate, Society Audit reports for latest three (3) years, if they are available or a declaration that the Society accounts have not been subjected to audit till then if it is registered recently.

(g)         The participant shall have the capacity to establish stockyards and adequate logistic support like number of trucks, excavators, fleet of transport vehicles etc., owned or taken on lease”.

(iii)           Demand Draft from any Nationalized Bank for an amount equal to 25% of the Minimum Assured Amount for the specified quantity of sand notified for any specific sand bearing area shall be paid towards Security Deposit drawn in favour of the Member Convenor.

(iv)           Six recent pass port size photos duly signed by the applicant.

(5)            An application once filed shall not be allowed for withdrawal.

(6)            The Member Convenor shall maintain a register in Form-S3 showing the details of applications received for each of the feasible sand bearing area notified for extraction of sand.

(7)            The Member Convenor shall take reasonable precaution to obtain the verification of antecedents and credit worthiness of the applicants. Guidelines shall be issued designating officer for the purpose.

(8)            The Member Convenor after receipt of report on the antecedents shall reject applications found not genuine with recorded reasons. For the  remaining applications, entry passes shall be issued before conduct of draw of lots in Form-S4.

 (9)            Joint Collector shall conduct the draw of lots. He is authorized in case of any exigencies to postpone the date of draw of lots to any other date for recorded reasons duly declaring the postponement at the notified venue. In such case no fresh notification is necessary and no fresh applications shall be entertained.

(10)         The venue for the draw of lots due to any exigency may change from the place of notification. In such case, the change of venue shall be intimated by the Joint Collector/Joint Collector to the applicant(s) through communication well in advance.

9-F  Conduct of Draw of lots for allotment:

(1)       The Joint Collector of the District concerned shall be the authority to conduct draw of lots and shall be assisted by Member Convenor of the District Level Committee (DLC) The Joint Collector

(i)              shall conduct draw of lots in presence of the applicants and declare the successful applicant.

(ii)             may declare the sole applicant as successful applicant in case, single application is received for any specified sand bearing area. If the successful applicant fails to enter into the agreement of allotment within

the stipulated time, may reserve the area for Government Department concerned as decided by the District Level Committee (DLC) for extraction and supply of sand.

(iii)           shall have the power to suspend any person and may order his expulsion from the venue for draw of lots who causes impediment to the proceedings of draw of lots or who induces or forbids any eligible person from participation.

(iv)             shall after completion of draw of lots issue confirmation orders to the successful applicant within two working days from the day of draw of lots.

(2).    The Member Convenor of District Level Committee;

(i              shall return the Security Deposit of unsuccessful applicants within seven days from the date of draw of lots.

(ii)             shall record the proceedings of draw of lots in Form-S5 in triplicate. One copy of the proceedings shall be handed over to the Joint Collector and one copy to the District Collector in the sealed cover.

(iii)           Security Deposit of the Successful Applicant, shall be refunded after completion of the allotment period on production of no dues certificate issued by the competent authority.

(3)            The successful applicant shall enter into an agreement of allotment of the specified sand bearing area in Form-S6 with the Member Convenor within seven days from the date of confirmation.

4)            The successful applicant after entering into the agreement herein declared as Allottee and shall conduct the operations as per rules and conditions of the agreement.

9- G Allotment of in Stream/underwater sand bearing areas:

 (1)       The specified sand bearing areas meant for in Stream/underwater extraction by means of boats, the Boatsmen Co-operative Societies registered under the Andhra Pradesh Co-operative Societies Act, 1964 shall only be eligible for participation in draw of lots.

(2)       The extraction of sand from In-Stream/Underwater specified areas shall be carried out by Local Registered Boatsmen Co-operative Societies/Non-local Registered Boatsmen Co-operative Societies selected by draw of lots by rotation.

(3)       The procedure for filing of applications for In-Stream/Underwater specified sand bearing areas shall remain as per Rule 9-E(4) of these Rules.

(4)       The Joint Collector shall by way of draw of lots entrust sand bearing areas meant for underwater extraction by means of boats by adopting the following procedure:

(i)              When more than one local Registered Boatsmen Co-operative Society file application for a specified sand bearing area, the allotment shall be among all the local Registered Boatsmen Co-operative Societies by permitting them to extract sand on rotation basis by fixing equal duration to each society within the specified period.

(ii)             If there is no participation by any local Registered Boatsmen Co-operative Society for specified sand bearing area, clause 9-G(4)(i) shall be followed for non-local Registered Boatsmen Co-operative Societies.

9-H  Responsibility of the Allottee:

(1)       The Allottee shall:

(i)              abide by the rules and conditions made under the River Conservancy Act, 1884, the Andhra Pradesh Water Land & Trees Act, 2002 and the Environment Protection Act, 1986 and subsequent amendments issued by the State and Central Governments from time to time.

(ii)             conduct operations as stipulated in rule 23 of Andhra Pradesh Water Land, and Trees Rules, 2004 and in accordance with the conditions imposed in Approved Mining Plan & Environment Clearance issued by MoEF.

(iii)           the agreement of allotment entered by the Allottee for specified sand bearing area is not transferable.

(iv)           extract and dispatch sand from the specified sand bearing area to approved stockyard alongwith the way bill in Form-S7 issued by the Member Convenor after paying the Seigniorage fee and other taxes as per the prevailing scheduled rate or revised from time to time.

 

(v)            establish a stockyard nearer to the bank of Stream/River with accessibility for transportation to stock sand extracted from the specified sand bearing area and dispose sand from the stockyard after obtaining Mineral Dealer License as per Andhra Pradesh 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 thereunder.

(vi)           obtain transit passes from the Member Convenor in Form-E under the Andhra Pradesh Mineral Dealer Rules, 2000 and dispatch sand from the stockyard.

(vii)          abide by the cost of sand as fixed by the Collector for dispatch from the stockyard.

 (viii)        not use tractors more than 3 Cu.Mt. capacity for transportation of sand from specified sand bearing area to approved stockyard.

(ix)           In order to make ramps, pathways and lifting of sand in sand bearing area, machinery is permitted subject to condition that there is no impact on ground water table”

(x)           maintain daily production and dispatch register at the specified sand bearing area and stockyard.

(xi)           Furnishing returns prescribed under various statutes to the Member-Convenor, who in-turn shall consolidate the specified sand bearing area-wise data and furnish to the Joint Collector on or before 5th of the succeeding month”.

(xii)          have no claims whatsoever under any circumstances for; extension of agreement for extraction of sand; any compensation for non-operation due to floods or heavy rains or any other situation during the period of extraction.

(xiii)        be penalized for any extraction of sand beyond the specified area; beyond the specified thickness and for any other violations.

(a)      penalty  of  Rs.1,00,000/-  or  Rs.500/-  per  Cu.Mt.  of   sand

quarried beyond the specified limits or in excess of thickness

 

stipulated, whichever is higher.

 

(b)         penalty of Rs.1,00,000/- for each vehicle used for carrying more than 3 Cu.Mt. of sand from specified sand bearing area.

 

(2)       In the event of contravention of any of these rules and the conditions specified in Agreement of allotment during extraction of sand, the confirming authority shall after giving an opportunity, terminate the agreement of allotment of specified sand bearing area, forfeit the security deposit and take possession of the area.

 

9-I 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 utilized anywhere within the State.

 

(2)The District Collector shall put in place a proper administrative mechanism for enforcement of extraction and transportation of sand comprising of:

(i)         Joint Collector/Addl. Jt. Collector.

(ii)        PD, DWMA.

(iii)        Executive Engineer, Irrigation/River Conservator.

(iv)        Any other nominee(s) by the District Collector.”

9-J Issue of Short Term Permits:

Owing to any exigency or pending finalization of allotment of any feasible sand bearing area or change of policy, Government may order for issue of short term permits for feasible sand bearing areas on nomination basis for a period of 60 days (sixty days) as a contingency measure to any one against payment of Seigniorage fee and other taxes as per existing rate or revised rate during the tenure of short term permit subjected to obtain all statutory clearances in order to have uninterrupted supply of sand in the market to continue all public and private civil works. The District Collector may also recommend to the Government for issue of Short Term Permits to take up Projects specific to the

District. The Government shall expeditiously attend to all such recommendations.”

 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.

 

(4)      Any sand extracted from the lease and not removed from the stockyard

 

by the allottee before the date of expiry of the Mineral Dealer License, shall dispatch within 15 days or extended period granted by the Government from the date of such expiry. If the allottee does not remove the extracted sand from the stockyard area within the permitted and extended period, it shall be the property of the Government and the Member Convenor of the District Level Committee (DLC) shall dispose the same in public auction.”

 

9-L   De-casting sand from Pattalands:

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 forward the application along with report to the District Collector through Tahsildar concerned confirming the classification of land. The District Collector shall submit proposals to the Secretary/Principal Secretary to Govt., on case to case basis for issue of necessary orders. On receipt of the orders from the Secretary/Principal Secretary to Govt., thereafter the PD, DWMA concerned shall issue permit/waybills in Form-S8 on collection of Seigniorage fee in advance. The sand extracted from pattalands shall be disposed off after obtaining Mineral Dealer License and Transit Passes from Project Director, DWMA under Andhra Pradesh Mineral Dealer Rules, 2000”.

 

(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 Government/District Collector shall frame guidelines from time to time on de-casting sand from pattalands.

 

(6)           (i) De-casting of sand from patta lands located in the river bed/course shall be prohibited to safe guard the river system and ground water regime.

 

(ii)  De-casting of sand from patta lands other than river bed/course shall

 

9

 

 

be allowed by the Competent Authority on case to case basis duly following the relevant Acts and Rules. “

 

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

(1) (a) The de-siltation of Major, Medium & Minor Reservoirs and Tanks as defined by the I&CAD Dept., shall be taken up to enhance the storage capacity of the reservoirs and augment Ground Water recharge in Command Areas.

(b)  The following authorities shall allocate the de-siltation of reservoirs duly following the procedure laid down in clause (d)

 

(i)        Major, Medium, Reservoirs – State Government.

(ii)        Minor Reservoirs and Tanks – District Collector

 

(c)  The list of reservoirs category wise shall be notified by the Irrigation Dept., in August every year.

 

(d)The procedure for allocation of de-siltation shall be as prepared by the I&CAD Department and submitted to the I&C Department for approval in August every year. The allotment of agency shall be with prior approval of I&C Dept., on the recommendations of concerned Chief Engineer/Engineer –in – Chief.

 

 

(e)   The period of de-siltation shall be as prepared by the I&CAD Department and submitted to the State Government for approval.

 

(2)        Sand sourced during the de-silting process shall be subject to APMMC Rules, 1966 and dispatched by obtaining way bills as per Form-S9 issued by the Executive Engineer, Irrigation Department concerned.

 

(3)        Sand sourced from out of de-silting operations shall be utilized for various civil works by obtaining a Mineral Dealer License from Project Director, DWMA as per A.P. Mineral Dealer Rules, 2000.

 

9-N Crushed Stone Sand as alternative to natural sand:

 

Alternate to River sand in the form of Crushed Stone Sand (Manufactured 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 reason to believe that if any machinery/vehicle has been used for extraction and transportation of sand in contravention to these rules:

 

(i) If the machinery/vehicle is found to be involved for illegal extraction and transportation of sand under these rules shall be levied penalty for each vehicle as detailed below:-

 

10

 

 

 

 

Vehicle type First   time   offender

Second time offender fine

  fine amount amount
Tractor

`. 5,000

`. 15,000

     
Lorry  up  to  10  Tonnes

`. 15,000

`. 25,000

capacity    
Lorry  above  10  tonnes

`. 25,000

`. 50,000

capacity    

 

(ii) If the machinery/vehicle is found to be involved more than two times, 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 Competent Court of Law.

 

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

 

(7)              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 Competent Court of Law directing its disposal is received.

 

(8)              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.

 

11

 

 

 

9-R   Appeal and Revision:

 

(1)         Upto III order Streams/Rivers:

 

(i)       Any person aggrieved by an order passed by the Mandal Authority/ may prefer the appeal before the Joint Collector within fifteen (15) days from the date of receipt of such order.

 

(ii)       Any person aggrieved by an order of the Joint Collector may prefer revision before the District Collector within fifteen (15) days from the date of receipt of such order.

 

(2)         IV, V & above order Streams/Rivers:

 

(i)        Any person aggrieved by an order passed by Mandal Authority / Member Convenor/ and Joint Collector may prefer an appeal to the District Collector within thirty (30) days from the date of receipt of such order.

 

(ii)       Any person aggrieved by an order passed by the District Collector may prefer revision before the Government within thirty (30) days from the date of receipt of such order.

 

9-S   Powers to Issue Orders/Clarifications/Guidelines :

 

The Government shall be authority to issue clarifications guidelines or relaxation orders from time to time, in the implementation of these rules.

 

9-T  Saving Clause:

 

(1)       Leases which have not yet started shall be governed by the terms and conditions of these Amendments and the amounts, if any, remitted as per earlier policy shall be refunded.

 

(2)        Leases under operation shall be deemed to be governed by these amendments and the balance amount collected under the earlier policy shall be ordinarily refunded, except in those cases wherein, the Govt. in the interest of revenue generation decides otherwise and allows extraction of the balance quantity by the lease holder after obtaining statutory clearances.

 

Such quantity and area which is feasible as per A.P. WALT Act & Rules shall be permitted for extraction of Sand for a period of one year as per 9-E(2). The amount for such quantity will be adjusted and the remaining amount shall be refunded during the current financial year unless otherwise extended further by Government, on case to case basis.”

 

9-U: The cases of illegal quarrying of sand in the areas other   than  the

 

specified sand bearing areas, shall be dealt under the provisions of

Rule 26 of APMMC Rules, 1966.

 

9-V: The General provisions of Andhra Pradesh Minor Mineral  Concession

 

Rules, 1966 shall apply for cases which are not explicitly mentioned herein.

 

CONDITIONS FOR ALLOTMENT OF SPECIFIED SAND BEARING AREAS BY WAY OF

 

DRAW OF LOTS

 

I(1)           Notice inviting applications in Form-S1 shall be caused by the Member Convenor of the District Level Committee for allotment of feasible sand bearing areas for Riverbed/open extraction and in Stream/underwater excavation in the District (other than Scheduled Areas) to be published in (2) local dailies not less than (15) days before the last date meant for receipt of applications.

 

(2)                 Notification charges for publication of the allotment of feasible sand bearing areas as per Sub-rule (1) shall be met from Zilla Parishad General Funds.

 

(3)                 Filing of application in prescribed Form-S2 by the applicants with the Member Convenor duly satisfying the terms & conditions stipulated therein on payment of Rs.5000=00 (Rupees Five Thousand Only) towards non-refundable fee through Demand Draft drawn in favour of Member Convenor from any Nationalized Bank. The application fee shall be remitted to the credit of Zilla Parishad General Funds.

 

(4)                 Every filled in application for Riverbed/open extraction and in Stream/ underwater excavation shall be accompanied by the following documents

 

(5)                 Identity/proof any one – copy of voter identification card/ration card/Aadhaar card/Passport.

 

(6)                 A Notarized affidavit in the prescribed form on a non-judicial stamp paper worth Rs.100/- declaring:

 

(a)         To abide by the Rules and conditions of allotment, agreement of allotment and any other orders issued during the period of allotment by the Govt. or District Level Committee from time to time.

 

(b)         Mineral Dues Clearance Certificate or a declaration in lieu of Mineral Dues Clearance Certificate in case the applicant did not hold any lease under M&M(D&R) Act 1957, Mineral Concession Rules, 1960 and A.P Minor Mineral Concession Rules, 1966.

 

(c)         Copy of Income Tax Assessment for latest (3) years. Net worth of the applicant for the last three (3) years certified by a chartered accountant which shall be equal to the minimum assured amount notified for that specified area at least in any one of the three (3) years.

 

(d)        A declaration if the applicant is not an Income Tax Assessee alongwith a solvency certificate on the movable/immovable assets issued by the Competent Authority shall be furnished worth the minimum assured amount for the area applied for.

 

(e)         No Dues Certificate from Commercial Taxes Department or a declaration if the applicant is not a Commercial Tax Assessee.

 

(f)          In case of in-Stream/underwater extraction by Boatsmen Society, the Society shall submit Registration Certificate, Society Audit reports for latest three (3) years, if they are available or a declaration that the Society accounts have not been subjected to audit till then if it is registered recently.

 

(7)                 Demand Draft from any Nationalized Bank for an amount equal to 25% of the Minimum Assured Amount for the specified quantity of sand notified for any specific sand bearing area shall be paid towards Security Deposit drawn in

 

27

 

 

favour of the Member Convenor.

 

(8)                 Six recent pass port size photos duly signed by the applicant.

 

(9)                 An application once filed shall not be allowed for withdrawal.

 

 

II(1)         The Member Convenor shall maintain a register in Form-S3 showing the

details of applications received for each feasible sand bearing area notified for

extraction of sand

 

(2)                 The Member Convenor shall take reasonable precaution to obtain the verification of antecedents and credit worthiness of the applicants. Guidelines shall be issued designating officer for the purpose.

 

(3)                 The Member Convenor after receipt of report on the antecedents shall reject applications found not genuine with recorded reasons. For the remaining applications, entry passes shall be issued before conduct of draw of lots in Form-S4.

 

(4)                 Joint Collector/Joint Collector shall conduct the draw of lots; empowered to postpone the date of draw of lots to any other date for recorded reasons duly declaring the postponement at the notified venue; in such case no fresh notification is necessary and no fresh applications shall be entertained.

 

(5)                 The venue for the draw of lots due to any exigency may change from the place of notification; in such case, the change of venue shall be intimated by the Joint Collector/Joint Collector to the applicant(s) through communication well in advance.

 

III(1)        The Joint Collector of the District concerned shall be the authority to conduct

draw  of  lots  and  assisted  by  Member  Convenor  of  the  District  Level

 

Committee:

 

(i)          Shall conduct draw of lots in presence of the applicants and declare the Successful Applicant

 

(ii)         May declare the sole applicant as successful applicant in case single application is received for any specified sand bearing area and the successful applicant did not enter into the agreement of allotment within the stipulated time, may reserve the area for Government Department concerned as decided by the District Level Committee for extraction and supply of sand.

 

(iii)        Shall have the power to suspend any person and may order his removal from the venue for draw of lots who causes impediment to the proceedings of draw of lots or who induces or forbid any eligible person from participation.

 

(2)                 The Security Deposit of unsuccessful applicants shall be returned by the Member Convenor within seven days from the date of draw of lots.

 

(3)                 The Security Deposit of the Successful Applicant shall be refunded after the activity is completed on production of no dues certificate issued by the competent authority.

 

IV              The Member Convenor shall record the proceedings of draw of lots in Form-

 

S5 in triplicate; one copy of the proceedings shall be handed over to the Joint

Collector and one copy to the District Collector in the sealed cover.

 

V(1)          The Joint Collector after completion of draw of lots shall issue confirmation

orders to the successful applicant within two working days from the day of

 

draw of lots.

 

(2)                 The successful applicant shall enter into an agreement of allotment of the specified sand bearing area in Form-S6 with the Member Convenor within

 

28

 

 

seven days from the date of confirmation.

 

(3)                 The successful applicant after entering into the agreement herein declared as Allottee shall conduct the operations as per rules and conditions of the agreement.

 

VI(1)        The specified sand bearing areas meant for In-Stream/underwater extraction

 

by means of boats, the Boatsmen Co-operative Societies registered under the

Andhra Pradesh Co-operative Societies Act, 1964 shall only be eligible for

 

participation in draw of lots.

 

(2)                 The extraction of sand from In-Stream/Underwater specified areas shall be carried out by Local Registered Boatsmen Co-operative Societies/Non-local Registered Boatsmen Co-operative Societies selected by draw of lots by rotation.

 

(3)                 The procedure for filing applications for allotment of in Stream/underwater excavation of sand shall remain as per Rule 9-E(4) of these Rules.

 

(4)                 The Joint Collector shall by way of draw of lots entrust sand bearing areas meant for underwater extraction by means of boats by adopting the following procedure:

 

(5)                 When more than one local Registered Boatsmen Co-operative Society file application for a specified sand bearing area, the allotment shall be among all the local Registered Boatsmen Co-operative Societies by permitting them to extract sand on rotation basis by fixing equal duration to each society within the specified period.

 

(6)                 If there is no participation by any local Registered Boatsmen Co-operative Society for specified sand bearing area, the procedure mentioned at (4) shall be followed for non-local Registered Boatsmen Co-operative Societies.

 

 

VII(1)       The Allottee shall:

 

(i)              abide by the rules and conditions made under River Conservancy Act, 1884, Andhra Pradesh Water Land & Trees Act 2002 and Environment Protection Act 1986 and subsequent amendments issued by the State and Central Governments from time to time.

 

(ii)             conduct operations as stipulated in Rule 23 of Andhra Pradesh Water Land, and Trees Rules, 2004 and in accordance with the conditions imposed in Approved Mining Plan & Environment Clearance issued by MoEF.

 

(iii)            the agreement of allotment entered by the Allottee for specified sand bearing area is not transferable.

 

(iv)           extract and dispatch sand from the specified sand bearing area to approved stockyard alongwith the way bill in Form-S7 issued by the Member Convenor after paying the Seigniorage fee and other taxes as per the prevailing scheduled rate or revised from time to time.

 

(v)             establish a stockyard nearer to the bank of Stream/River with accessibility for transportation to stock sand extracted from the specified sand bearing area and dispose sand from the stockyard after obtaining Mineral Dealer License as per A.P. Mineral Dealer Rules, 2000 framed under Section 23-C of Mines & Minerals (Development & Regulation) Act, 1957 from the competent authority and follow the provisions thereunder.

 

(vi)           obtain transit passes from the Member Convenor in Form-E under A.P. Mineral Dealer Rules, 2000 and dispatch sand from the

 

29

 

 

stockyard.

 

(vii)          abide by the cost of sand as fixed by the Collector for dispatch from the stockyard.

 

(viii)         not use tractors more than 3 Cu.Mt. capacity for transportation of sand from specified sand bearing area to approved stockyard.

 

(ix)           only use ramp points permitted by the Executive Engineer/River Conservator.

 

(x)             not to Ply tractors over the flood banks except at the approved ramp points.

 

(xi)           use the paths authorized by the Tahsildar concerned to approach the specified sand bearing area.

 

(xii)          usage of machinery for extraction of sand is not permitted, except in specific sand bearing areas where there is no impact on ground water table and with the prior approval of District Collector and Ex-Officio Chairman.

 

(xiii)         maintain daily production and dispatch register at the specified sand bearing area and stockyard.

 

(xiv)        Furnish returns prescribed under various statutes to the Member Convenor, who inturn shall consolidate the specified sand bearing area-wise data and furnish to the Joint Collector/District Level Committee on or before 5th of the succeeding month under intimation to the Asst. Director of Mines & Geology concerned for information.

 

(xv)          Have no claims whatsoever under any circumstances for; extension of agreement for extraction of allotment; any compensation for non-operation due to floods or heavy rains or any other situation during the period of extraction.

 

(xvi)        be penalized for any extraction of sand beyond the specified area; beyond the specified thickness and for any other violations.

 

(a)       penalty of Rs.1,00,000/- or Rs.500/- per Cu.Mt. of sand quarried beyond the specified limits or in excess of thickness stipulated, whichever is higher.

 

(b)       penalty of Rs.1,00,000/- for each vehicle used for carrying more than 3 Cu.Mt. of sand from specified sand bearing area.

 

(2)                 Contravention of any of these rules and the conditions specified in Agreement of allotment during extraction of sand, the confirming authority shall after giving an opportunity, terminate the agreement of allotment of specified sand bearing area, forfeit the security deposit and take possession of the area.

 

VIII           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.

 

 

 

IX              No transportation of sand from the State shall be made across the border to

 

other States.

 

X(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.

 

30

 

 

(2)                 Every officer seizing any machinery/vehicle under 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 Magistrate.

 

(3)                 Where an authorized officer 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 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 used 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 pre-judicial 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 sub-rule (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 sub-rule (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.

 

XI(1)        Appeal/Revision Upto III order Streams/Rivers:

(i)        Any person aggrieved by an order(s) passed by the Mandal Authority/Divisional Authority may prefer the appeal before the Joint Collector within (15) days from the date of receipt of such order.

(ii)       Any person aggrieved by an order of the Joint Collector may prefer revision before the District Collector within (15) days from the date of receipt of such order

(2)                 Appeal/Revision for IV, V & above order Streams/Rivers:

(i)     Any person aggrieved by an order passed by Mandal Authority

Divisional Authority / Member Convenor / and Joint Collector may prefer an appeal to the District Collector within 30 days from the date of receipt of such order.

(ii)       Any person aggrieved by an order passed by the District Collector may prefer revision before the Government within 30 days from the date of receipt of such order.

(3)                 The Appellate/Revisional Authority shall not admit any appeal/revision in either III order Streams or IV, V and above order Streams against any demand notice, without payment of a sum equivalent to 50% of the demanded amount by demand draft as deposit drawn in favour of the authority who issued the demand notice

XII             Powers to Issue Orders/Clarifications/Guidelines :

(1)                 Upto III order Streams, the Commissioner, Rural Development & Administrator, A.P. WALTA shall be the authority competent to issue orders/clarifications/ guidelines to settle the issues arise for cases which are not explicitly mentioned herein

(2)                 The Government shall issue orders/clarifications/ guidelines for IV, V and above order Streams/Rivers to settle the issues arise for cases which are not explicitly mentioned herein.

Leave a comment

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.