Disposal of minor minerals – Amendments to the Telangana Minor Mineral Concession Rules, 1966 – Notification
GOVERNMENT OF
TELANGANA
ABSTRACT
Mines &
Quarries – Disposal of minor minerals generated during excavation by
Government
Engineering Departments – Amendments to the Telangana Minor
Mineral
Concession Rules, 1966 – Notification – Issued.
___________________________________
INDUSTRIES AND
COMMERCE (MINES-I) DEPARTMENT
G.O.MS.No. 6
Dated: 08/02/2016
Read the
following:
1.
G.O.Ms.No.1172, Industries (B-1) Dept., dated 04-09-1967.
2.
G.O.Ms.No.22, Industries Dept., dated 25-01-1968.
3.
G.O.Ms.No.226, Industries &Commerce Department, dt:25-03-1977.
4.
G.O.Ms.No.55, Industries &Commerce Department, dt:26-08-2015.
5.
From the Director of Mines & Geology, Hyderabad
Letter
No.4249/P/2015, dated 04.12-2015
6.
From the Director of Mines & Geology, Hyderabad
Letter
No.7046/MR/2015, dated:31-12-2015.
*****
ORDER:
In
the reference 1 st to 3 rd read above as per the powers delegated
under Section 15
of Mines and Minerals (Development and Regulation) Act,
1957 orders have
been issued for notification of the Andhra Pradesh Minor
Mineral
Concession Rules, 1966 for grant of prospecting licenses or quarry
leases or other
mineral concessions in respect of minor minerals and for
purposes
connected therewith.
2. In the G.O. at reference 4 th read above,
orders have been issued as per
Section 101 of
Andhra Pradesh Reorganization Act, 2014 for adapting the
Andhra Pradesh
Minor Mineral Concession Rules, 1966 by the Telangana State
referred to as
A.P. State Minor Mineral Concession Rules, 1966 (Telangana
Adoption)
Orders, 2015.
3. For implementation of major projects by
Government Engineering
Departments
including the works such as excavation of canals, tunnels, laying
of pipeline,
cutting of hillocks for ways/roads, etc., resulting in generation of
minor minerals
such as building stone and road metal referred to as rock
spall,
morrum/gravel/ordinary earth, etc. Proper guidelines are required for
disposal of
these minor minerals for land restoration, conservation and as
generation of
revenue to the local bodies in the form of seigniorage fee and
other taxes.
Though, the Irrigation & Command Area Development
Department
issued certain guidelines for disposal of minor minerals generated
during
excavation of irrigation projects, but it is not giving results as
anticipated.
Moreover, there are other Government Departments involved in
allied activity
and a comprehensive mechanism shall be evolved to have
timely
reclamation of land with effective regulatory system.
4. In the
references 5 th and 6 th read above, the Director of Mines and
Geology has
suggested a mechanism for disposal of minor minerals generated
during
excavation by the Government Engineering Departments.
5. The matter
has been examined in consultation with the Finance (Works
& Projects)
Department and, it is decided to amend the Telangana Minor
Mineral Rules,
1966 suitably with certain modifications for effective
implementation
of the mechanism for disposal of minor minerals generated
during
excavation.
6. Accordingly,
the Government, after careful examination of the matter
and as per the
powers delegated under Section 15 of the Mines and Minerals
(Development and
Regulation) Act, 1957 hereby issue the amendments to the
Telangana Minor
Mineral Concession Rules, 1966 for regulation of minor
minerals
generated during the excavation of major projects by Government
Engineering
Departments and the purposes connected therewith.
7. This order issues with the concurrence of
Finance (Work and Projects)
Department vide
their U.O. No.1392/85/WP/A2/2015, dated: 28.12.2015.
8. The following
Notification shall be published in the Extraordinary Issue
of Telangana
State Gazette dated the 9 th February, 2016.
NOTIFICATION
In exercise of the powers
conferred by Section 15(1) of Mines and
Minerals
(Development and Regulation) Act, 1957 (Central Act 67 of 1957),
the Governor of
Telangana hereby issues the following amendments to the
Telangana Minor
Mineral Concession Rules, 1966.
AMENDMENTS
1. In the said rules, after Rule 10-B the
following shall be inserted
namely:-
10-C. (1)
Utilization of excavated minor minerals by Government
Engineering
Departments:
The
Government Engineering Departments engaged in execution of
major projects
involving work such as excavation of canals, tunnels, laying
of pipeline,
cutting of hillocks for ways/roads, etc,:
(i) Shall prepare action plan in advance
earmarking land for separate
stacking
of excavated material by the excavation agency
generated
during digging and evaluate the rate of stacking and
watch
and ward for providing in respective estimates and to
incorporate
necessary conditions in bid document.
(ii) After completion of excavation, shall work
out the mineral-wise
quantities
excavated basing on measurements recorded in the
Field
Measurement Book alongwith anticipated Seigniorage Fee,
Sales
Tax, Income Tax and any other taxes as applicable as per
the
prevailing rates.
(iii) Being
the responsibility of
the Government Engineering
Department
involved in excavation, safeguard the excavated
material
by incorporating appropriate provisions in the tender
document
for excavation till its disposal or to make alternative
arrangement
for watch and ward of excavated materials if it is not
disposed
before the completion of excavation work by the
executing
agency.
(iv) The availability of miner minerals alongwith
details of quantity
and
location shall be uploaded as e-procurement by the
Government
Engineering Department involved in excavation in
the
respective web portal of all Government Engineering
Departments/Public
Sector Undertakings.
(v) If the excavated minor minerals are required
by more than one
Government
Engineering Departments, the Department involved
in excavation
work shall permit
Government Engineering
Department-wise
lifting and transporting subject to payment of
Seigniorage
Fee, Sales Tax, Income Tax and any other such
statutory
taxes.
(vi)
The Government Engineering
Departments implementing
G.O.Ms.No.94 Irrigation
and Command Area
Development
Department
dated 01-07-2003, shall produce a certificate on the
recovery
of the amounts and submit it to the Government
Department
involved in excavation, as evidence.
(vii)
The Government Department involved in excavation shall furnish
the
details of Seigniorage Fee, Sales Tax, Income Tax realized
from
the Government Engineering Departments after lifting of
excavated
minor minerals to the concerned Assistant Director of
Mines
and Geology, Commercial Tax and Income Tax Depts.
(2) Disposal
of excavated minor minerals to agencies other than
Government
Engineering Departments:
To
have effective implementation mechanism for the disposal of
dug out mines
and minerals, the Department of Mines and Geology
shall make
information available on web portal service for the said
purpose (Similar
to that of services of MSTC) of its own or Telangana
State Mineral
Development Corporation so that:
(a)
All Engineering Departments will upload the data on availability
minerals
giving details such as type of material, quantity, location,
co-ordinates
etc.,
(b)
Needy Departments/agencies can make requisitions online.
(c)
Priority will be given to Government Departments/Public Sector
Undertakings.
(d)
If there is no requisitions from Government Departments upto a certain
reasonable
date limit, then can go for e-auction.
(e)
After considering requisition, net quantity available from time to time
may
be displayed in the online portal for further disposal.
2. If there is
no requirement for utilization of excavated minor minerals
from Government
Engineering Departments upto a certain reasonable date
limit, the
Government Department involved in excavation shall furnish the
details to the
Assistant Director of Mines & Geology concerned duly giving the
location, minor
mineral-wise quantities, etc., for issue of online notification on
the availability
of minor minerals, calling for e-applications indicating the base
price arrived by
sum total of Seigniorage Fee, Sales Tax, Income Tax and any
other taxes as
applicable with 20 percent of base price as Earnest Money
Deposit and
challan for Rs.5000/- (Rupees five thousand only) under 0853-
102-81 other
receipts, towards non-refundable processing fee within the date
& time
prescribed in the e-notice for e-allocation on first-cum-first serve basis.
(i) After the closing date & time of receipt
of e-applications, the
Assistant
Director of Mines & Geology concerned shall e-allot the
disposal to the
first applicant or to the sole applicant in case of
single
application if it is for entire quantity subject to payment of
Seigniorage Fee,
Sales Tax, Income Tax and any other taxes as
applicable
within (15) days from the date of allotment.
(ii) If there is more than one e-application
quoting part quantity of
minor minerals
for lifting, the Assistant Director of Mines &
Geology shall
accord separate e-allotment to each applicant on
first-cum-first
basis and shall ensure that the entire quantity of
excavated minor
minerals is disposed.
(iii)
The Earnest Money Deposit of the e-allottee(s) who fail to pay
Seigniorage Fee,
Sales Tax, Income Tax and any other taxes as
applicable on
e-allotment within (15) days shall be forfeited to the
Government and
the disposal shall be allotted to subsequent e-
applicant(s).
(iv) The Earnest Money Deposit of e-applicants
other than e-allottee
shall be
refunded after payment of Seigniorage Fee, Sales Tax,
Income Tax and
any other taxes as applicable by the
e-allottee(s).
(v) The Assistant Director of Mines & Geology
shall issue permit
alongwith
transit forms to the e-allottee(s) under intimation to the
Government
Department involved in excavation.
(vi) If any e-allottee leaves minor minerals
un-lifted from the
excavated dumps,
the Assistant Director of Mines & Geology in
consultation
with the Government Department involved in
excavation shall
re-initiate of e-notice process calling for e-
applications for
lifting of the leftover minor minerals. The Earnest
Money Deposit of
such defaulter e-allottee shall be forfeited to the
Government.
(vii) The
Earnest Money Deposit of the e-allottee(s) shall be refunded
by the Assistant
Director of Mines and Geology on receipt of
report on
lifting of specified quantity of minor minerals from the
Government
Engineering Department involved in excavation.
(viii) Existing
applicants also are eligible and their applications will be
carried forward
on e-allotment by the Department.
3. Provided that the disposal of rocks spall,
morrum/gravel/ordinary earth
in Scheduled
Areas/Agency Areas shall be as per the norms prescribed under
Panchayat Raj
Extension of Services Act (PESA) and Rules made thereunder.
4. Provided further, that the excavation of
canals, tunnels, laying of
pipeline,
cutting of hillocks for ways/roads, etc. by any agency other than any
Government
Engineering Department shall be after obtaining permission from
the Assistant
Director of Mines and Geology concerned and subject to
payment of
Seigniorage Fee, Sales Tax, Income Tax and any other taxes as
applicable in
advance as per the A.P. Minor Mineral Concession Rules, 1966
(Telangana
Adoption) Order, 2015.
5. Provided also that, any excavation(s)
carried-out prior to notification of
these rules
shall also be disposed by following the above procedure.
6. These orders
shall come into force with immediate effect.
(BY ORDER AND IN
THE NAME OF THE GOVERNOR OF TELANGANA STATE)
ARVIND KUMAR
SECRETARY TO
GOVERNMENT & CIP
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