Andhra Pradesh Minor Mineral Concession Rules, 1966
Published vide Notification G.O.Ms.No. 1172, Industries (B-1), 4th September, 1967) read with amendments as issued in G.O.Ms.No. 226, Ind. and Com. Department, dated 25.3.1977, published in A.P. Gazette No. 3, Part 1, Extraordinary, dated 31.2.1977
Last Updated 13th June, 2019 [ap128]
(a) "Assistant Director" means the Assistant Director of Mines and Geology in-charge of the district ;
(b) (i) "Deputy Director" means the Deputy Director of Mines and Geology incharge of the region ;
[(ii) "Joint Director" means the Joint Director of Mines and Geology.]
(c) "Director" means the Director of Mines and Geology, Andhra Pradesh.
(d) "Form" means a form appended to these rules ;
(e) "Notification" means a notification published in the Andhra Pradesh Gazette ;
(f) "Ordinary sand or clay" means:-
(i) the ordinary sand used for building or other similar purposes, but not used for industrial purposes, such as refractory, ceramic, glass staring and metallurgical industries ; and
(ii) the ordinary clay used for small scale manufacture of bricks, tiles, pots and the like but not used for large scale manufacturing purposes, such as, for the manufacture of ceramics or cement.
5. Quarrying to be under lease or permit. - No person shall undertake quarrying of any minor mineral in any area, except under and in accordance with the terms and conditions of a quarry lease or a permit granted under these rules : Provided that the Government shall have power to grant exemption from obtaining a lease or permit for quarrying any minor mineral in any area in the case of any category of persons, subject to such conditions as may be specified in the order granting such exemption. 6. Non-Government Lands. - The Government may, on application from any person possessing sub-soil rights, grant a share in the quarrying fees. 7. Preparation of plans and demarcation of the leased area. - When a quarry lease is granted over any area, arrangement shall be made by the Assistant Director at the expense of the lessees for the preparation of a plan and the demarcation of the area granted under the lease, after collecting a fee calculated according to the rates specified below :
For [granite and marble]: |
For other Minor Minerals: |
Rs.2500/- |
Rs. 500/ - per application |
Per application.] |
|
(ii) No quarry lease shall be granted in respect of areas covering any tank or river bed, irrigation or drainage channel and of lands under the control of the Public Works Department, a municipality, or a local authority except after consultation with the Executive Engineer of the Division or the River Conservator, or the Commissioner of the Municipality or the Block Development Officer of the Panchayat Samithi or the concerned Executive Officer appointed under Section 30 of the Andhra Pradesh Gram Panchayats Act, 1964, as the case may be.
[(iii) In respect of minor minerals except [***] those mentioned in sub-rule (5) of Rule 12 which are worked to meet the immediate or timely requirements, the Assistant Director may permit to carry on quarrying operations on payment of seigniorage fee in advance.]
(iv) Permit granted under sub-rule (iii) shall in no case be for more than [sixty days]
[Provided that] the applications for grant of a lease or a permit in respect of a reserve forest land shall be disposed of after consultation with the Divisional or the District Forest officer concerned. [Provided further that on an application or by way of auction for grant of any minor mineral in the scheduled areas referred to it by the Assistant Director of Mines and Geology or the Officer nominated by the State Government, the Gram Sabha or the Gram Panchayat shall communicate its recommendation, whereupon the application or by way of auction for grant of quarry lease for any minor mineral in such Scheduled Areas shall be processed in accordance with the provisions of Law.] [9A. Reservation of areas for exploitation in the public sector, etc. - (1) The State Government may, by notification in the Official Gazette, reserve any area for exploitation by the Government, a Corporation established by any Central, State or Provincial Act or a Government Company within the meaning of Section 617 of the Companies Act, 1956 (Central Act 1 of 1956). (2) Availability of area for regrant to be notified: - No area which has been reserved by the Government under Rule 9-A (1) shall be available for grant of quarry lease unless the availability of the area for grant is notified in the Official Gazette specifying a date (being a date not earlier than thirty days from the date of the publication of such notification in the Official Gazette) from which such area shall be available for grant. (3) Premature applications: - Applications for the grant of a quarry lease in respect of areas whose availability for grant is required to be notified under Rule 9A (2) shall if, -(a) No notification has been issued under that rule ; or
(b) Where any such notification has been issued the period specified in notification has not expired, shall be deemed to be premature and shall not be entertained ; and the application fee thereon, if any paid, shall be refunded.]
[9B. Notification of the Sand Bearing areas, constitution of the District Level Committee and its power. - (1) All the sand bearing areas in the State shall be leased out by Sealed Tender cum Public Auction Reach or Mandal wise wherever applicable by the Auctioning Authority as specified under rule 9-H(1) financial year wise in any case not more than 2 years with an yearly enhancement of 20% of the knocked down amount and subject to the conditions prescribed in the notice of Sealed Tender cum Public Auction as prescribed in Rule 9-D and subject to approval of the District Level Committee as specified under sub-rule (5). However, with the approval of the District Level Committee duly recording its reasons in writing, a village or a group of villages can independently be auctioned by the Auctioning Authority. (2) No Reach/Mandal partly or fully covered by scheduled areas shall be leased out to any person who is not a member of Scheduled Tribe. Provided that this sub-rule shall not apply to an undertaking owned or controlled by the State or Central Government or to a society registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964 which is composed solely of members of Scheduled Tribes. (3) Any Person/Society claiming rights under this sub-rule shall produce certificate issued by the competent authority specified by the Government to the effect that the said Person/Member of the Society belongs to Scheduled Tribe Category. Explanation. - For the purpose of this rule: -(a) The expression "Schedule Tribes" shall have the same meaning assigned to it in Clause (25) of Article 366 of the Constitution of India; and
(b) The expression "Scheduled Areas" shall have the same meaning assigned to it in Paragraph 6 of the Fifth Schedule to the Constitution of India.
(4) The sale of sand shall be on the basis of auction cum tender system which denotes that offers of tenders shall be accepted while simultaneously holding auction with a view to maximizing revenues. (5) The District Level Committee shall consists of the following Officers: -
Joint Collector |
- |
Chairman |
Dy. Director of Mines & Geology |
- |
Member |
District Panchayat Officer |
- |
Member |
Dy. Director, Ground Water Department |
- |
Member |
Executive Engineer, Irrigation (Conservator of River concerned) |
- |
Member |
Assistant Director of Mines & Geology (Concerned) |
- |
Member Convener |
(i) To identify the Reaches or Mandals to be leased out for conduct of auction.
(ii) To fix up minimum bid amount by taking the following points into consideration:
(a) availability of sand in terms of quantity.
(b) demand, supply, prevailing concessions for transportation of sand by Bullock carts, animals, sand consumed by weaker section housing schemes, and
(c) average knocked down bid amount for the last 3 years wherever particulars are available.
(iii) To separate the Reaches or Mandals if any, which fall within the Scheduled Areas cannot be offered to non-tribals.]
(iv) To club all or few of such remainng Reaches and Mandals, in a district and notify them as a single item for a district as whole as the District Level Committee deem fit.
9C. Special Concession to Boatsmen Co-operative Societies. - (1) The Reaches identified in Major Rivers where the sand is lifted and carried by means of boats, the Registered Boatsmen Co-operative Society registered under the Andhra Pradesh Co-operative Societies Act, 1964 shall be given preference by allowing 10% concession on the highest bid/Tendered amount offered in the Auction Hall. The Concessional knocked amount be paid by the successful Registered Boatsmen Co-operative Society in not more than four equal quarterly installments and each such installment shall be paid 15 days before commencement of each quarter. If there is more than one Boatsmen Cooperative Society participating in the Auction and claims for the same Reach, local registered Boatsmen Co-operative Society shall be given preference. However, if there is more than one local Registered Boatsmen Society particpating in such auction and claims for the same Reach, the successful bidder/tenderer shall be decided by drawing lots. Where no local societies participate and if only non-local Societies participate and claim for the same Reach, the successful bidder/tenderer shall be declared by drawing lots among the said non-local registered Co-operative Societies. The Society claiming as local Society to any particular Reach shall submit a certificate from the Divisional Co-operative Officer to the effect that it is a local Society to a particular Reach. Such certificate shall be submitted at the time of filing application. (2) In case of a Boatsmen Co-operative Society who can participate in the auction in respect of areas like River, water tanks, ponds and from where sand is to be lifted in Boats, such society shall submit genuinity certificate pertaining to the society from the concerned Divisional Cooperative Officer along with a Statement of Annual audited statement of accounts audited by the Co-operative Department of the preceding year or in its absence, the previous preceding year together with bye-laws of the society. These documents are to be submitted at the time of filing of application. 9D. Notice of Sealed Tender-cum-Auction. - (1) When an area is to be leased out by Sealed Tender cum Auction for sand quarrying, the Assistant Director of Mines & Geology concerned shall issue a Notice in Form 'S 1' by publishing in the two State level Newspapers (out of which one shall be in leading Telugu dailies) not less than 15 days before the date of auction. The notification shall contain the date, time, venue for the conduct of auction and other details can be furnished in the bid document. (2) The auction conducting authority, on the day of auction is authorized to postpone the said notified date of auction to any other date for recorded reasons duly announcing the postponement in the auction hall and in such case no fresh notification is necessary and no fresh applications will be entertained. (3) The venue of the auction due to any exigency may vary from the notified place in the notification and in such case the same shall be informed while issuing hall tickets. 9E. Submission of Sealed Tender and accepting the Bid. - (i) Any person, who intends to obtain a lease for quarrying sand in a Reach or Mandal as notified under Rule 9-D shall submit Sealed Tender for the grant of the lease in the prescribed form so as to reach the Assistant Director of Mines & Geology concerned before the date and time as specified in the Notification.(ii) Each bid document can be obtained by paying Rs. 1000/- in the form of Demand Draft drawn in favour of Assistant Director of Mines & Geology concerned. For each additional Reach/Mandal an amount of Rs. 500/- shall be paid in similar manner. The said amount shall be credited towards user charge head of account within 7 days.
(iii) Any person, who intends to participate in the public auction shall simultaneously submit the sealed tender for any Reach or Mandal separately in Form 'S-4' in a Sealed Cover superscribing: -
(a) Notification Number;
(b) Name of the Tenderer;
(c) The Reach/Mandal quoted.
(iv) Every such Sealed Tender shall be accompanied by an application in prescribed Form 'S2' along with the enclosure as required thereunder.
(v) The amounts offered by way of sealed tender shall not be less than the minimum bid amount. Even if the less amounts are mentioned in the sealed tender, it will be read as equivalent to minimum bid amount.
(vi) Soon after the receipt of the Sealed Tenders from the Tenderers, necessary entry should be made in the register by the Assistant Director of Mines & Geology concerned while issuing acknowledgement to the Tenderer. Such Sealed Tenders, so received shall be kept under the safe custody of Assistant Director of Mines & Geology. He has to ensure that all such Sealed Tenders and registers are kept safe under his personal custody duly observing all the possible safety measures.
(vii) Every tenderer shall be eligible to participate in the auction after obtaining Hall tickets From Assistant Director of Mines & Geology.
(viii) The tenderer shall present by himself or through his authorized agent in the auction hall at the time of opening of the sealed tender. There shall be open auction and the bidding from different tenderers / bidders shall continue till the highest bid has been arrived at. The Sealed Tenders shall be opened after the bidding is over for each Reach or Mandal.
The Auctioning Authority shall finalize the highest bid amount by taking the highest bid amount from open auction and sealed tenders whichever is higher.(ix) 25% of the upset price should be fixed as Earnest Money Deposit in case of those participating in the auction. This amount shall be remitted through Demand Draft drawn in favour of Assistant Director of Mines & Geology concerned.
(x) The Earnest Money Deposit is ordinarily, for a Reach/Mandal for which he has applied for. However, he can opt for all Reaches/Mandals, simultaneously to participate, with the same Earnest Money Deposit. The applicability of Earnest Money Deposit for more than one Reach / Mandal as per the option of the applicant at the time of filing of applications is allowed. The moment he is the 1st or 2nd or 3rd bidder for a particular Reach/Mandal he ceases to participate for the next Reach/Mandal since the validity of the Earnest Money Deposit gets exhausted. In order to participate for more than one Reach/Mandal with one Earnest Money Deposit the applicant shall pay the highest Earnest Money Deposit amount as applicable to a Reach/Mandal. With low amount of Earnest Money Deposit, he will not be allowed to participate for the next Reach/Mandal for which the Earnest Money Deposit is more than what is paid by the applicant. One is entitled to Knock down one area only on one Earnest Money Deposit. Persons who intend to acquire rights for more than one Reach/Mandal shall pay separate Earnest Money Deposits for each area.
(xi) It shall be at the discretion of the Auctioning Authority to accept or reject the tender or bid for the reasons to be recorded.
(xii) A Tender once submitted shall not be withdrawn before the bid is concluded.
(xiii) The Assistant Director of Mines & Geology concerned shall announce the names of person or persons who had submitted Sealed Tender and the Hall Ticket holders before commencement of the bidding for all Reaches/Mandals.
(xiv) The proceedings for the disposal of Reach or Mandal for quarrying sand shall be concluded on tenders or bids as the case may be by the Auctioning Authority. The tenders shall be opened only when it is ensured by the Auctioning Authority that there is no further bidding for the Reach or Mandal. The Auctioning Authority shall knock down the highest tender or bid provided he is satisfied with the same. In case the highest bid amount and one or more tendered amount remaining the same, of the Reach or Mandal shall be knocked down by drawing lots immediately.
(xv) The Auctioning authority concerned shall have the power to reject the highest tender or bid on substantial grounds to be recorded in writing at the time of auction and accept another next tender or bid.
9F. Refund of Earnest Money Deposit. - (1) No person shall be admitted in the Auction Hall without the Hall Ticket issued by the Assistant Director of Mines & Geology concerned. (2) The Earnest Money Deposit (EMD) of an unsuccessful bidders / tenderer except the first, second and third shall be refunded/returned by the Assistant Director of Mines & Geology concerned as early as possible i.e. within 15 days from the date of conducting the auctions. (3) In respect of the second highest bidder, the Earnest Money Deposit will be refunded only after the completion of the agreement with the first bidder. Similarly, in case of the 3rd bidder, it will be refunded only after completion of the agreement with either first or second highest bidders as the case may be. (4) The right of quarrying shall be strictly subject to the confirmation or otherwise by the competent authority who has the right to refuse to confirm the right of quarrying sand with the reasons recorded therein. 9G. The Hall ticket issuing authority may reject the application of any one who. - (i) has been convicted for any offence committed under any law for the time being in force or any offence under the Mines and Minerals (Development and Regulation) Act, 1957; or Mines Act 1952 or any rules made thereunder(ii) is having mineral revenue dues to the Government as on the date of filing of the application for issue of Hall tickets.
In order to absolve the responsibility of not having dues to the Government in respect of the leases held such applicants shall produce no dues certificate from the competent authority of the Department. The applicants who do not possess any lease shall produce a notarized Affidavit instead of Mineral Revenue Dues Certificate. 9H. - (1) The following are the auctioning, confirming and appellate authority:
S.No. |
Minimum Bid Amount in Rupees |
Auctioning Authority |
Confirming Authority |
Appellate Authority |
1 |
Upto 5.00 lakhs |
Deputy Director of, |
Zonal Joint Director of |
Director of |
2 |
Above 5.00 lakhs |
Joint Collector |
District Collector |
Government |
(i) The auction conducting authority may knock down the bid by drawing lots among the applicants in the Auction Hall. For all practical purposes, the bid knocked in favour of a bidder / tenderer in lots will be treated as highest bidder for that Reach / Mandal.
(ii) Similarly, 2nd and 3rd bidders will also be selected by way of lots and all the provisions are applicable to them as if they are 2nd and 3rd highest bidders to that area.
(4) The Auction Authority shall have the discretion to postpone the Auctions in case it is felt that more revenue will be realized if fresh auctions are conducted in all such cases where no hike takes place over and above minimum bid amount. (5) In case, a single bid is received for any Reach/Mandal, the auction conducting authority at his discretion may knock down the bid in his favour. In such cases, he will be treated as highest bidder for the said Reach/Mandal. (6) The concerned Assistant Director shall record the proceedings during auction in the proforma enclosed. Soon after the auctions are over on the same day the said proforma shall be made in triplicate and one shall be handed over in a sealed cover to the Auctioning authority and one shall be sent to the Director of Mines & Geology. On the next working day of the completion of the auctions, he shall circulate the file to the confirming authority for obtaining orders by a special messenger. The confirmation authority shall pass orders within a maximum period of 7 days from the date of receipt of the proposals from the Assistant Director of Mines and Geology concerned. (7) Any appeal or revision as the case may be against the order passed under sub-rule (1) of Rule 9-H can file such appeal or revision application before the concerned in Form J-1 and the fee for such appeal or revision shall be made as per Rule 35-B of APMMC Rules; 1966 within 15 days from the date of receipt of the order. The Appellant/Revision Authority can condone the period of delay on valid grounds. 9I. Deposit of the lease amount and execution of lease agreement. - (1) When the tender/bid is knocked down by the competent authority, the successful tenderer or bidder shall remit to Zilla Parishad Head of Account a sum equivalent to 25% of the knocked down amount along with payment of prevailing Income Tax and submit the same to the Assistant Director of Mines & Geology within two working days. This shall be in addition to the Earnest Money Deposit amount paid for the said Reach / Mandal. (2) The successful tenderer/bidder on receipt of the order of the confirmation shall remit the remaining 70% of the knocked down amount to the Zilla Parishad Head of Account and remaining 5% of the total knocked down amount to the State Head of Account as indicated in the order of confirmation and submit the challans to the concerned Assistant Director of Mines & Geology along with payment of prevailing Income Tax and a security deposit of 10% of the knocked down amount subject to the minimum of Rs. 1,00,000/- (Rupees One Lakh only) or equivalent to bid amount which ever is less through National Saving Certificate duly pledged in favour of Governor or Bank Guarantee issued from any Nationalized Banks and execute the lease deed with the Assistant Director of Mines & Geology concerned in Form G-I on stamped paper as per the Registration and Stamp Act within seven days from the date of confirmation order. The lease period shall commence with effect from the date of the execution of the lease deed. (3) The successful Bidder is liable to pay any other Taxes payable to the Government as per Statutory Provisions of various Acts and Rules prevailing. (4) If the successful tenderer or Bidder fails to pay either 25% of the knocked down amount within two working days or the remaining knocked down amount within the specified time as mentioned in the confirmation order, the amount so far paid by the successful tenderer/bidder shall be forfeited to the Government by the confirmation authority. (5) In the event, the first bidder did not turn up for further proceedings of execution of a Reach/Mandal by paying the remaining amount, the same Reach/Mandal will be offered to second highest tenderer/ bidder provided 25% of minimum bid deposited in the of EMD is retained with the Assistant Director of Mines & Geology concerned and such tenderer /bidder is willing to pay the highest knock down amount. Such facility shall be extended to the 3rd bidder in the descending order if the 2nd highest bidder fails to comply with the payment of the highest knock down amount. 9J. Maintenance of Registers. - The Assistant Director of Mines & Geology concerned shall maintain a register duly mentioning all the particulars of all the participants, who possess hall tickets and have submitted sealed tenders. The person whose tender or bid is knocked down shall sign and mention his name in block letters duly affixing his thumb impression in the register as per the prescribed proforma. At the end of the day of the auctions, the auction conducting authority shall announce that any one who is willing to sign at the end as a witness to the proceeding may sign in the register. 9K. Powers of the State Government. - (1) The Government shall have the power to cancel the auction conducted and confirmation orders issued thereon by the competent authority duly recording its reasons thereof. (2) The Government shall have the power to condone the delay in issue of confirmation orders, execution of lease deed, etc. for the valid reasons to be recorded. (3) The Government shall have the power to issue orders/clarifications, if any, not specifically mentioned in implementation of these rules. 9L. Penal Clause. - The successful tenderer or bidder shall have no claims for any compensation due to floods or heavy rains or any other situation and extension of the lease period shall not be granted under any circumstances. 9M. Temporary Permits. - (1) On expiry of the existing leases for the balance period upto the end of March of the particular year the area will be auctioned or alternative arrangement will be made for issue of temporary permits for this limited period only by following the procedures mentioned in sub-rule (2). (2) Due to any exigency and with the approval of the Government, the Director of Mines & Geology may order for issue of temporary permits in any area pending finalization of auctions on nomination basis to Andhra Pradesh Mineral Development Corporation, who in turn will pay Seigniorage Fee at the rate prescribed in the Rule 10 duly maintaining round the clock check point. Such temporary permits shall be issued to M/s. Andhra Pradesh Mineral Development Corporation Limited for a period not exceeding 60 days. 9N. Use of authorized Ramps. - The lessee should make use of authorized ramps and paths only for transportation of sand from the quarry and not open any new ramps or paths. However any new ramps can be permitted by the concerned Assistant Director of Mines & Geology only with the consent of the concerned Mandal Revenue Officer in case of Government Land and River Conservator where the River Conservation Act applies and in case of patta Lands with the consent of the Pattadar duly verifying the claims supported by certification issued by the Mandal Revenue Officer concerned. 9O. Legal Heir. - If the successful tenderer or bidder dies after the privilege is knocked down to him, his legal heirs shall be responsible to execute the lease deed and to carry out the business by remitting their dues to the Government. If the legal heirs do not want to continue the privilege, they should, within 30 days from the date of death of the auction purchaser intimate the Auctioning authority about their intention in writing by Registered post. In such cases the Auctioning authority shall make alternative arrangement or reauction the privilege. The amounts deposited by the deceased bidder shall be refunded to the legal heirs. 9P. Payment of Second year lease amounts. - (a) The lessee shall pay the knocked down amount along with 20% enhancement towards the second year lease amount. Out of the total amount, 95% shall be paid towards Zilla Parishad Head of Account and balance 5% amount towards State head of account and submit the challans to the Assistant Director of Mines & Geology concerned on or before 45 days of the expiry of the first year lease period. If no such payment is received the lease period gets expired by the first year ending itself and the Security Deposit gets forfeited to the Government. The Assistant Director of Mines & Geology shall make necessary arrangement for leasing out the area through sealed tender-cum-public auction. Provided, the Director of Mines & Geology may condone the delay in payment of second year lease amount on the request for the condonation of delay before the expiry of first year lease period. Provided further that the Government may condone the delay in payment of second year amount if the request is received after the expiry of the first year lease period but within 15 days from the date of expiry of the 1st year lease period in genuine cases.(b) In respect of the Reaches identified to the boatsmen cooperative societies, the society shall pay the second year amount along with 20% enhancement in not more than four equal quarterly instalments and each instalment shall be paid 15 days before commencement of each quarter.
If no such payment is received, the lease gets expired by the period ending for which the amount is due and the Security Deposit gets forfeited to the Government. Provided the Director of Mines & Geology may condone the delay in case the application is filed before the expiry of the due date. Provided further that the Government may condone the delay in payment even after the expiry of due date in genuine cases, on the request for such delay condonation is received within fifteen days from the expiry of due date.(c) The condonation of delay as stipulated under clauses (a) and (b) above does not entitle the lessee for extension of lease period.
9Q. If the Auctioning authority notices that any person in the auction hall behaves or acts in such a manner so as to cause loss to Government or induces or forbids any person from bidding, is liable for suspension from participating in the auction and auction conducting authority may order for his removal from the auction hall. 9R. The lessee shall abide by all the conditions and statutory provisions under Mines & Minerals (Development & Regulation) Act, 1957, and rules made thereunder viz., Andhra Pradesh Minor Mineral Concession Rules, 1966, Andhra Pradesh Mineral Dealers Rules 2000, Mines Act 1952, Mines & Metalliferrous Regulations 1961, and Andhra Pradesh Water Land & Trees Act, 2002 and other State and Central Act and Rules and instructions which are applicable. 9S. Leases granted for sand by Tender or by Public auction are not liable for transfer. 9T. The successful bidder or tenderer shall charge the price for sand at the pit head as fixed in the tender notice. 9U. Sand exempted from payment of Seigniorage Fee. - (1) Sand used in the weaker sections housing programme shall be supplied free of cost at pit head by the bidder / tenderer including exemption of payment of Seigniorage Fee on a certificate issued by the District Collector or any authorized officer by him. (2) Bullock carts and animals transporting sand are also exempted from payment of Seigniorage fee. 9V. Whenever the Ground Water affect is noticed and safety of structures is affected due to sand quarrying in any area, the Government / Director of Mines & Geology shall issue prohibitory orders in consultation with Ground Water Department. In case the Director of Mines & Geology issues such order, he shall obtain the approval of the Government as early as possible. 9W. No movement of sand shall be allowed across the border to the neighbouring State. In case any vehicle is found transporting to the neighboring State even with permit it will be treated as violation of rules and the penal provisions as specified in Rule 9 X will apply besides the lease shall be liable for cancellation. 9X. Persons authorized to check unauthorized transportation of the sand. - (a) The District Collector shall take all precautionary measures to stop illegal mining of sand in the District. In case of any illegal mining of sand by any person from any quarry or Reach unauthorizedly and is transporting it thereof, the officers empowered under Rule 26 of Andhra Pradesh Minor Mineral Concession Rules, 1966 are competent to check the vehicles and take appropriate action as specified therein or compound is specified in sub-rule (b) hereunder whichever is higher. Besides, the District Collector shall nominate any other officer as he thinks deemed fit to exercise these powers in addition to the officials so specified.(b) The minimum penalty for each truck carrying sand without valid permit issued by the concerned authority must be Rs. 10,000/- (Rupees ten thousand only) for each truck of 10 tonnes capacity and Rs. 5,000/- (Rupees five thousand only) in respect of Tractor. In case of repeated violations, vehicle will be confiscated by the officer not below in rank to the Assistant Director of Mines & Geology. The powers delegated to various officers under the existing provisions of Andhra Pradesh Minor Mineral Concession Rules, 1966 shall be extended to sand cases also.
(c) The Way bill for transporting sand shall be in the "Form S-5". The way bills will be issued proportionate to the knocked down bid amount by calculating Seigniorage Fee as specified in the Schedule-1 of Rule 10 of Andhra Pradesh Minor Mineral Concession Rules, 1966. The bidder is liable to pay Seigniorage fee additionally and obtain permits for the quantities exceeding the proportionate bid amount.
(d) The Municipalities concerned who are the approving authorities for Housing Plans or Shopping/Commercial Complexes are empowered to recover the component of Seigniorage Fee on sand at the rates specified under Schedule- 1 of Rule 10 of Andhra Pradesh Minor Mineral Concession Rules, 1966 with one-time penalty in case of procurement of sand by any builder without any valid permit in respect of constructions which are of the value of above Rs. 1.00 Crore. Any person aggrieved by the said deduction/orders passed by the Municipalities of Grade-I, II, III appeal lies to the Director of Mines & Geology and in respect of Special Grade, Selection Grade Municipalities and Municipal Corporations appeal lies to Government and the procedure as envisaged in subrule (7) of Rule 9-H shall apply.
(e) The bidders shall not use poclains or any other machinery for the purpose of digging/loading since as per the WALTA Act, 2002, the sand mining is restricted to one Metre only and use of machinery leads to extraction of sand beyond one metre.
9Y. (1) Removal of sand in patta lands: It is the responsibility of the bidder to obtain the consent of the Pattadar in respect of any area on the land abutting the river, streams etc. which is classified as patta land. The Pattadar, who is claiming the ownership of the land shall produce valid documents and also certificate issued by the concerned Mandal Revenue Officer. (2) Recovery of Seigniorage fee: The sand consumed in all Government works by the contractors, normal Seigniorage Fee with one time penalty may be recovered from the work bills by the consuming department in case of procurement of sand is without valid permits issued by the concerned Assistant Director of Mines & Geology. 9Z. The General provisions of Andhra Pradesh Minor Mineral Concession Rules, 1966 shall apply for cases which are not explicitly mentioned herein.] 10. Seigniorage fee or dead rent. - [(1) When a quarry lease is granted under these rules, the seigniorage fee or dead rent whichever is higher, shall be charged on all minor minerals despatched or consumed from the land at the rate specified in Schedule I and Schedule II as the case may be.] (2) When quarry lease is granted, the assessment on the land together with the seigniorage fee or dead rent, whichever is higher, shall also be charged. [(3) When the quarry lease is granted -(a) the dead rent for the 1st year shall be paid by the lessee at the time of execution of lease deed and for the subsequent years, every year in advance.
(b) the seigniorage fee shall be paid before the mineral is removed from the leased area.]
[(4)(a) Notwithstanding anything contained in sub-rules (2) and (3), every quarry lease holder including temporary permit holder except the person/organisations who obtained quarry lease with exemption from payment of seigniorage fee for the specified minerals in the sector shall pay the seigniorage fee to the successful Tenderer, bidder (hereinafter referred to as authorised Agent) as per the relevant rates in Schedule-1 to Rule 10 [***] in force as on the day of notification of the auction notice. All the quarry lease holders for the specified Minor Minerals are deemed to have come under this provision for the payment of seigniorage fee from the date, the authorised Agent makes agreement in Form-M for the concerned Sector.
(b) When the quarry leases are granted under Rule 12 for the specified Minor Minerals, seigniorage fee or dead rent whichever is higher shall be charged on such minerals despatched or consumed from the land at the relevant rates specified in Schedule I and Schedule II [***] along with the land assessment on the assessment made by the Assistant Director concerned. Every lessee who has been granted leases for specified Minor Minerals under aforesaid provisions shall submit the detailed accounts as required by the Assistant Director concerned for the purpose of making annual assessment for the Mineral Revenue before 10th of April every year. The Authorised Agent does not have any claim on the dead rent, if any, fallen due from the lessees on annual assessment made by the Assistant Director concerned.
(c) The additional amount of seigniorage fee over and above the rates in force as on the day of notification of auction notice due to revision of rates of seigniorage fee made from time to time shall be paid by the lessees directly to the Government and the authorised agent shall not have any claim for such payments.
(d) In respect of specified Minor Minerals, the Assistant Director may grant temporary permits for limited quantities and for limited period over the specified areas to meet immediate and timely requirement and the payment of seigniorage fee on such Temporary permits shall be made to the Authorised Agent.
(e) In case, the right of collection of seigniorage fee is not disposed off in Sealed Tender cum Public Auction or even if it is disposed off but the authorised Agent does not perform due to any reason, the Sectors are deemed to have not been notified for public Auction and the collection of seigniorage fee and dead rent shall be made as per sub-rule (1) of Rule 10 [***].]
[(5)(i) In respect of granite and limestone slabs used for cutting and polishing covered under item No.15 and 17 of Minor Mineral Schedule, in order to facilitate easy accountability for the purpose of levy of Seigniorage Fee, the machinery as specified in Schedule III shall be taken as unit and Seigniorage fee shall be collected at that point by following the rates prescribed in Schedule III of these rules. However, this provision is not applicable in respect of gang saw machines.(ii) Where Seigniorage Fee is paid under Schedule III by those who are possessing cutting and polishing industry for the material procured by them from the Quarry Leases granted under Rule 5 such leaseholders need not pay the Seigniorage Fee for the quantity covered under Transit Forms by the said cutting and polishing units.
(iii) The Seigniorage fee under Schedule III if not paid before 25th of the preceding month shall be liable for payment of interest as under Rule 19 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 with effect from 1st of the succeeding month. On such payment, Assistant Director of Mines and Geology shall issue transit forms to the extent of slab rate amount paid.
However under any circumstances the minimum payments shall be at least for one month at a time.] [10A. Sectors to be made by the Joint Director for grant of Collection of seigniorage fee in respect of specified Minor Minerals by Sealed-Tender-cum-Public Auction. - (1) The Joint Director shall form the sectors duly specifying the areas within the Sectors for giving away the right of collection of Seigniorage fee in respect of any specified Minor Minerals in each Sector in Sealed Tender-cum-Public Auction. The minimum bid amount for each of the sector shall be fixed by the Joint Director taking into account the quarrying activity, the demand and supply of Minerals, the infrastructure etc. (2) Notwithstanding anything contained in sub-rules (1) and (2) of Rule 10, the right of collection of Seigniorage fee for the specified Minor Minerals within the Sector shall be given away in Sealed-Tender-cum-Public Auction for the specified period and in any case not more than one year subject to the conditions prescribed in the notice of auction under Rule 10-B.] [10B. Notice of Sealed Tender-cum-Public Auction and Mode of disposal of the Sector. - (1) When the right of collection of seigniorage fee for the specified Minor Minerals in the sector is to be disposed off in the Sealed Tender-cum-Public Auction, the Assistant Director shall issue a notice in Form A1, giving due publicity in any local News Paper not less than fifteen days before the date of Auction or in such other manner as deemed fit. (2) The right of collection of seigniorage fee in a Sector shall be obtained in Sealed Tender-cum-Public Auction. A person intends to participate in Public Auction is entitled to submit a sealed tender and similarly a person who submits a sealed tender is entitled to participate in public auction.] [10C. Submission of Sealed Tenders and accepting the Bid. - (1)(a) Any person who intends to obtain the right of collection of seigniorage fee in respect of specified minor minerals within the sector shall submit sealed tender along with the application for issue of Hall Ticket so as to reach the Assistant Director before the time and date published in the Auction notification.(b) Any person intending to submit the sealed tender shall do so far any sector for obtaining the right of collection of seigniorage fee in Form A-3 in a sealed cover superscribing the particulars stated below, namely: -
(i) Auction Notification number ;
(ii) Name of the Tenderer ; and
(iii) Name of the Sector.
(c) Every such sealed tender shall be accompanied by an application for issue of Hall Ticket along with the enclosures as required under item (2) of the Annexure to Form A1.
(d) Soon after the receipt of sealed tender from the Tenderer, the necessary entry should be made in the Register by the Assistant Director and issue acknowledgement to the Tenderer. Such sealed tenders shall be kept under the safe custody of the said Assistant Director. He has to ensure that all such sealed tenders and the Registers are kept safe under his personal custody duly observing all possible safety measures.
(e) Every tenderer shall be issued a Hall Ticket to participate in the auction without insisting any further payments as required under item (2) of the Annexure to Form-A1, by the Assistant Director.
(f) The Sealed Tenders shall be opened after the bidding is over in each sector. It is the responsibility of the person/persons who submitted the sealed tenders to make themselves present at the time of opening of the sealed tenders. Sealed tenders shall be opened in the auction hall by Assistant Director irrespective of the presence of the Tenderers.
(g)(i) A tender once submitted shall not be withdrawn before the bid is concluded.
(ii) The Assistant Director shall announce at the commencement of the bidding for each sector the names of the Tenderers as well as the proposed bidders who have obtained Hall Tickets for that Sector.
(2) The proceedings for the disposal of the sector shall be concluded on tender or bid as the case may be by the Assistant Director. The hike in bidding in the auction Hall by the bidders shall not exceed 25% of the minimum bid each time, the tenders for the sector shall be opened only when it is ensured by Assistant Director that there is no further bidding. He shall knock down the highest tender/bid provided he is satisfied with the procedure. In case the highest bid amount and one or more tendered amounts remaining the same, the knocking down for the sector shall be decided by drawing lots immediately. However, the Assistant Director shall have the power to reject the highest tender/bid on reasons to be recorded therefore and accept any other next lower tender/bid, subject to approval of the Joint Director. (3) The Assistant Director may at his own discretion reject any person's tender/bid who,(a) has been convicted for any penal offence or any offence under the Mines and Minerals (Regulation and Development) Act, 1957,or
(b) is a debtor to the Government of Andhra Pradesh in the Mines and Geology Department.
(4) If the Assistant Director noticed that any person in the Auction Hall before or at the time of bidding behaves or acts in such manner as to cause loss to Government or induces or forbid any person from bidding he may suspend him from bidding for participating in the auction and remove him from the Auction Hall. (5) No person will be admitted into auction hall without the Hall Ticket issued by the Assistant Director. The right of collection of seigniorage fee will be ordinarily knocked down to the highest tenderer/bidder, but the right is reserved to the officer conducting the proceedings or by the Director or by the Government as the case may be to reject any tender/bid without assigning any reason thereof. The right of collection of seigniorage fee shall be strictly subject to the confirmation by the competent person who has the right to refuse to confirm with reasons recorded. (6) The Assistant Director shall maintain a register by duly mentioning all the particulars of the participants who have submitted sealed tenders and the persons who have obtained Hall Ticket forbidding. The persons whose tender/bid is knocked down shall sign and mention his name in block letters by duly affixing his signature/thumb impression in the Register. (7) If the successful Tenderer/Bidder dies after the privilege is knocked down, his legal heirs shall have the right and be responsible to execute the agreement and to carry-out the business by remitting the dues to the Government. If the heirs do not want to exercise the privilege, they should within fifteen days from the date of death of the successful tenderer bidder intimate the Assistant Director their intention in writing by registered post. The amounts deposited by the deceased Tenderer/Bidder shall be refunded to the legal heirs. In such cases the Assistant Director shall submit proposals to the competent authority for issuing confirmation to the next highest eligible Tenderer/Bidder.] [10D. Confirming Authority. - (1) The Deputy Director shall confirm the knocked down amounts provided he is satisfied with the publicity, procedures, participation in the Sealed Tender-cum-Public Auction and the knocked down amount. (2) The Director may issue confirmation orders in favour of any persons/organisations for the sectors not disposed off in Sealed Tender-cum- Public Auction or even if disposed off, not resulted in making agreement, any time on the offers received with 25%, of the offered amount in the form of demand draft in favour of the Director. (3) If the agreement made by the Authorised Agent is cancelled due to any reason, the Director may nominate and issue confirmation in favour of any person or organisation on specific conditions for the unexpired period of original agreement. Such nominee shall make the agreement in Form M with the Assistant Director as stipulated in the confirmation order.] [10E. Deposit of knocked down amount. - (1) The successful Tenderer/Bidder shall pay the knocked down amount in four quarterly instalments. The amount equivalent to 25% of the knocked down amount towards first instalment shall be paid in the Government Treasury within the immediate next two working days and produce challan to the Assistant Director. (2) The confirmation orders will be issued by the competent authority on making payment of 25% of the knocked down amount as required under sub-rule (1). The successful Tenderer/Bidder on receipt of order of confirmation shall furnish security deposit of 2% of knocked down amount subject to the minimum of Rs. 1,000/- and maximum of Rs. 25,000/- in the manner as prescribed in the confirmation order and execute agreement in Form 'M' with the Assistant Director within the time prescribed in the confirmation order on stamped paper as per the Registration and Stamps Act by duly furnishing three bank guarantees in favour of the Assistant Director concerned for an amount equivalent to 25% of the knocked down amount under each guarantee which are valid for six, nine and twelve months against the respective quarterly instalment payments. The respective Bank Guarantees shall be released by the Assistant Director on payment of the respective quarterly instalments. The Security Deposit shall be released by the Assistant Director soon after the expiry of the lease period provided the Authorised Agent fulfilled all the lease conditions and other provisions of the Andhra Pradesh Minor Mineral Concession Rules, 1966. (3) In the event of default by the first successful Tenderer/Bidder for payment of 25% of the knocked down amount as required under sub-rule (1) or completion of formalities for executing the agreement as required under sub-rule (2) the competent authority may issue confirmation orders in favour of the second or the third highest Tenderer/Bidder in the descending order with due stipulations of time limits for payment of 25% of the amount offered by the respective Tenderer/Bidder and discharging the other formalities for making agreement as required under sub-rule (2). However in case the second and third highest Tenderer/Bidders also become defaulters, the other Tenderers/Bidders who offered and participated over and above the minimum bid and who retained their deposit of 10% of the minimum bid with the Auctioning Authority after the auctions, may be considered for issue of confirmation orders in the descending order by the competent authority duly stipulating the time limits for payment of 25% of the offered amount by the respective Tenderer/Bidder and discharging the other formalities for concluding agreement as required under sub-rule (2). (4) The successful Tenderer/Bidder on executing the agreement in Form 'M' shall pay the subsequent quarterly instalments atleast fifteen days before the end of the proceeding quarter. (5) The Director may condone the delay in payment of the amounts, fulfilment of other formalities and making agreement under sub-rules (1) to (4) on valid grounds. (6) If the successful Tenderer/Bidder fails to pay 25% of the knocked down amount within two immediate working days or fails to furnish the bank guarantee of 75% of knocked down amount within the time specified in the confirmation order or fails to make agreement in Form M after completing all the formalities or fails to pay the quarterly instalments within the prescribed time, the amount so far paid by the successful Tenderer/Bidder by way of deposits and the amounts under bank guarantee shall be forfeited to the Government by the confirming Authority. If the second or the third highest Tenderer/Bidder fails to pay the amounts or complete the formalities as stipulated in the confirmation order, the confirming authority forfeit the amounts so far paid by way of deposits including the Bank Guarantees to the Government. If the fourth or any subsequent bidder who has been issued confirmation order and made agreement in Form 'M' after completing the formalities fails to pay the second or any subsequent instalments in time, the confirming authority shall forfeit the security deposit and the Bank Guarantee to the Government. Any forfeiture shall be done by the confirming Authority after giving an opportunity. (7) The deposit of second and third highest Tenderer/Bidders shall be returned after the agreement is made in Form M in case they are not found to be defaulters for the payment of 1/4 of the amount as required under sub-rule (1) and the completion of other formalities under sub-rule (2). The deposits of others shall be returned after three days of auction on a written request by the participants for the same and the deposits of those who like to avail the opportunity of getting the lease in case the first, second and third highest Tenderer/Bidder become defaulters will be retained with the Assistant Director and returned after the agreement is made.] [10F. Power of the Director to cancel the Auction. - The Director shall have the power to cancel at any time the Sealed Tender-cum-Public Auction conducted under Rule 10A(2) and the confirmation issued by the Deputy Director concerned under Rule 10-D if the Director feels that the publicity, participation and the amounts knocked down are not satisfactory and also due to any other lapses.] [10G. Liberties of the Tenderer/Bidder. - The Tenderer/Bidder after executing the agreement in Form M prescribed in Rule 10-E(2) will be at liberty to collect the seigniorage fee in force as on the day of notification of the auction notice from the lease holders including temporary permit holders except persons/organisations who obtained quarry leases with exemption from payment of seigniorage fee, in respect of Minor Minerals specified in the Auction notification at the relevant rates mentioned in Schedule 1 of Rules 10(1) and 12(5)(e) at or before the time of despatch of the minor minerals from the leased areas. He shall have no right to collect the seigniorage fee from any persons/companies who are not the quarry lease holders. The Authorised Agent shall also be entitled to collect the seigniorage fee from all the new leases granted and executed from the specified Minor Minerals during the currency of the Agreement period. He, however does not have any right for any type of compensation arising out of non-working of the quarries and due to expiry, lapse, determination, cancellation etc., of the leases.] 10H. Termination of agreement. - The successful [tenderer/bidder] shall abide by the conditions of the agreement executed in Form-M. The Director shall be competent to terminate or cancel the agreement for any violation of the provisions of the Andhra Pradesh Minor Mineral Concession Rules, 1966 or conditions of the agreement after giving due notice. The Director shall also be competent to forfeit all the amounts by way of deposits or otherwise or amounts covered under bank guarantee to the Government upon such termination or cancellation. [10I. (i) No specified minor mineral shall be despatched from any of the leased areas in the sector without a valid way bill duly stamped by the Assistant Director concerned issued through the authorised agent or his representative. Contravention of this clause shall result in levy of normal seigniorage fee along with five times penalty by the Assistant Director concerned on a complaint filed by the authorised agent and on establishing the same by the Assistant Director. The normal seigniorage fee and the penalty so levied shall be paid to the authorised agent. If by any chance, the complaint by the authorised agent results in non-establishing the unauthorised transportation by the lessees due to inadequate or insufficient evidence in the complaint does not confer any right on the authorised agent to claim any sort of compensation from the Government. However the persons/organisations who are holding the quarry leases with exemption from payment of seigniorage fee shall obtain despatch permits from the Assistant Director directly as required under Rule 34.(ii) The valid way bills duly stamped by the Assistant Director concerned shall be supplied to the lessees other than persons/organisations who obtained leases with exemption from payment of seigniorage fee in the sector on payment of the normal seigniorage fee as per his requirement by the authorised agent.
(iii) The Assistant Director concerned shall stamp on the way bills for different specified minor minerals once in a month for the estimated quantity on submission of the requisition by the authorised agent without any payment and he shall submit the particulars to the Director and the Deputy Director concerned before 5th of the succeeding month.
(iv) The authorised agent shall submit monthly return in Form C-1 to the Assistant Director, Deputy Director concerned and the Director for every month before 5th of the succeeding Month.]
[10J. The successful Tenderer/Bidder after making agreement shall be bound to observe the laws, rules and regulations, instructions of Mines and Geology Department and the Government that might be enforced during the currency of the lease or the privilege. 10K. The right of collection of seigniorage fee obtained through sealed tender-cum-auction is not liable for transfer. 10L. The successful Tenderer/Bidder shall have no claim for compensation or extension of lease period for the delay in passing orders or the delay caused by himself in paying the required amounts and executing the agreement. However, Government may exempt or waive the proportionate amount for the non performed periods on valid reasons. 10M. The Director may nominate any officer of the Department to discharge the functions under any of the provisions under Rule 10 in the event of non-availability of the concerned officer or due to any other exigency. 10N. In case of any doubt as the application or interpretation of the version of any of these conditions the decision of the Government of Andhra Pradesh on the issue shall be final.] [11. Power of the Government and the Director. - (1) Power of Government:- Government reserves the right -(a) to cancel the quarry lease granted and executed under these rules, if it is considered necessary to do so either due to change in the policy or in the public interest by giving previous notice ;
(b) to grant the leases for any minor minerals by duly exempting from the priorities fixed under different provisions under these rules on nomination or otherwise subject to certain specified conditions for any category of land in favour of any section of the society;
(c) to waive the collection of seigniorage fee and dead rent at their discretion.
(2) The Director shall have the powers: -(a) to prohibit quarrying operations in part or in the whole of the area under lease or free-hold areas for the reasons recorded in consultation with the competent authority ;
(b) to impose any special conditions in quarry leases granted under these rules;
(c) to close any quarry or prohibit quarrying operations or reserve the land for being worked by any particular department of the Government or a local authority and to regulate quarrying operations according to the law in force ;
(d) to regulate the quarrying operations by issuing temporary permits for any minor mineral during the transmission period whenever there is a proposal to change the policy by the Government for the grant of the leases.]
12. Grant of lease. - [(1) A Quarry lease for any minor mineral except Granite useful for cutting and polishing, Marble and the 31 minerals mentioned at Sl.Nos.18 to 48 in Schedule-I of Rule 10, shall be granted subject to the provisions sub-rules (2) and (3) of Rule 10 by Deputy Director on an application in Form-B made through the Assistant Director of Mines & Geology, concerned. Each application shall be accompanied by a sketch drawn to the scale demarcating the boundaries duly signed by the applicant and by a qualified Surveyor. Every application shall be accompanied by treasury or bank challan of Rs.5,000/- (Rupees Five thousand only) towards non-refundable application fee and a deposit of Rs. 10,000/- (Rupees Ten thousand only) 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.] (2) Whenever more than one application are received for grant of a quarry lease [for minor minerals [except sand, granite useful for cutting and polishing and marble] and also the minerals specified under [items at Sl.No. 1 to 3(a)] under Schedule-I to Rule 10] the [Deputy Director] shall dispose of the applications in order of preference specified below: -(i) Applications of Government Department and Government Corporations and Companies ;
(ii) Applications of Labour Contract Co-operative Societies ;
(iii) Applications of unemployed persons who possess any recognised qualification in Geology, Geophysics, or Mining Engineering or any other allied subjects ;
(iv) Other applications ;
[Provided that the above priorities shall prevail if the subsequent applications are received within 7 (Seven) days of the receipt of the first application, otherwise the applications shall be disposed off in the order of their receipt.] Provided [further] that in cases falling under any of the categories (i) to (iii) above, the grant of lease shall be subject to the condition that lessee shall work the quarry directly and shall not hand it over to any other party for working : Provided [also] that the Deputy Director may refuse to accord preference to the application of a Labour Contract Co-operative Society, if he finds that the particular Society does not work properly in the interest of the workers concerned : Provided also that whenever more than one application falling under any of the categories (i) to (iii) above are received for grant of a quarry lease and have to be considered under the order of preference prescribed above, [Deputy Director] shall refer matter to Government with his recommendation for a direction : Provided also that whenever more than one application falling under category (iv) above are received for grant of a quarry lease and have to be considered in the order of preference specified above, such preference shall be given to the applications according to the date of their receipt, unless the Government, for special reasons, otherwise direct and in case of applications received on the same day, the [Deputy Director] after taking into consideration the particulars furnished in the applications, may grant the lease to any deserving applicant ; or he may, will the previous approval of the Director, grant a quarry lease to an applicant whose application was received later in preference to an earlier application for any special reason to be recorded in writing. [(2-A) Notwithstanding the order of preference contained in sub-rule (2), the landholders (Pattadars) owning land not exceeding 2.024 Hectares or 5 Acres shall be given preference for grant of small scale quarry lease in their patta lands:] [(3) The quarry lease applications for minor minerals under [items at at Sl.No. 1 to 3(a)] of Schedule-I to Rule 10 shall be disposed of by the Deputy Director in order specified below: -(1) Applications of Societies of Professional/(local) Traditional stone cutters (waddaras).
(2) Crusher owners who do not have quarries.
(3) Unemployed youth holding Geology degree, and businessmen who propose to set up crushers.
(4) Others:
[Provided that the above priorities shall prevail if the subsequent applications are received within 7 (Seven) 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.] [Provided also that whenever more than one application falling under any of the categories (2) to (4) above are received for grant of quarry lease and have to be considered in the order of preference specified above, such preference shall be given to the applications falling in the same category, according to the date of their receipt and in case of applications of the same category received on the same day, the Deputy Director after taking into consideration the particulars furnished in the applications with the prior approval of the Director, may grant the lease to deserving applicant, Further, he may with the prior approval of the Director, grant a quarry lease to the applicant whose application was received later in preference to the earlier application for reasons to be recorded in writing.] [(3-A) Notwithstanding the order of preference contained in sub-rule (3) above the pattadars or their consent holders shall be given preference for grant of quarry leases in respect of the patta lands.] (4) In cases where the quarry lease holders fail to apply for renewal of the lease of the areas within ninety days before the expiry of the lease held by them, as required under sub-rule (2) of Rule 13, fresh application for grant of quarry lease, in respect of those areas, will be entertained thirty days before the expiry of the lease. (5)[(a)(i) A Prospecting license or Quarry Lease for Granite useful for cutting and polishing, Marble and 31 minerals mentioned at Sl.Nos.18 to 48 in Schedule-1 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 duly signed by the applicant and by a qualified Surveyor and by a treasury challan for Rs. 10,000/- (Rupees Ten thousand only) towards non-refundable application fee and a deposit of Rs.25,000/- (Rupees Twenty five thousand only) 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 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.](ii) in any Government or Patta Lands where the [granite and marble] is required to be removed for any purpose other than mining, the Assistant Director Mines and Geology may grant the Temporary Permit duly verifying the site and the purpose for which temporary permit is sought on payment of the required Seigniorage fee.
[(iii) A quarry lease for [granite useful for cutting and polishing and marble] shall be granted by the Director of Mines & Geology on an application made to the Assistant Director of Mines & Geology concerned in Form 'P' without obtaining any prospecting licence subject to the condition that the applicant gives an undertaking for submitting the scheme of prospecting in the first year, submission of mining plan within (2) years from the date of execution of the quarry lease deed, failing which the lease will be cancelled without giving any opportunity.]
(b) The application for grant of P.L. or Q.L. for [granite and marble] shall be disposed off by the Director in the order of their receipt. Whenever, more than one application is received on the same day, the Director shall grant licence or lease to the deserving applicant on merits to be recorded in writing:
Provided that the Director may grant a P.L. or Q.L. to an applicant whose application is received later, in preference to earlier application with the prior approval of the Government for any special reasons to be recorded in writing: [Provided further that where a prospecting licence has been granted in respect of any land the Licensee shall have preferential right for obtaining a quarry lease in respect of that land over any other person in case he has undertaken prospecting operations to establish mineral resources and submitted a prospecting report in respect of such land and submitted quarry lease application within three months after expiry of the prospecting licence period and such right can be exercised only once over the entire prospected area.] Provided also that no further extension of time shall be considered and the Director shall reject the Quarry Lease application.](d) The Director shall reject the application for P.L. or Q.L. in the event of any default on the part of applicant, in attending the inspection and survey or submission of valid mineral revenue clearance certificate or any other material papers required by the Director.
(e) Execution of Licence or lease deed:- The licence or lease deed shall be executed within sixty days from the date of grant or within such further period as the Director may allow in this behalf provided the grantee applies for extension of time within fifteen days from the date of expiry of period stipulated for execution. Such, extension may be granted by the Director not exceeding two times, and each time not exceeding 30 days.
Provided that any such application may be entertained even after the prescribed period specified above, if the applicant satisfies the Director that he had sufficient cause for not making application within the specified time. Provided further that in case no licence or lease deed is executed within the stipulated period or the extended period due to any default on the part of the applicant, the Director shall revoke the order granting licence or lease and the deposit amount paid along with application shall be forfeited to the Government.(f) Period and Extent to be granted for P.L. or Q.L.: -
(ii) The maximum period for which a quarry lease for granite and marble may be granted shall not exceed thirty years :
Provided that the minimum period for which any such quarry lease may be granted shall not be less than twenty years. The area covered by lease for granite shall not exceed fifty hectares and minimum area shall not be less than one hectare. The area covered by quarry lease for marble shall not be less than four hectares with the restriction that the dimension on any one side of such area shall not be less than two hundred metres, but not exceeding fifty hectares.](iii) The Director Mines and Geology if he is satisfied on the basis of production level, Geological or Topographical condition may for reasons to be recorded in writing, grant or renew a licence or lease over an area more than the maximum area or less than the minimum area specified under this rule.
(g) Prospecting fee, Seigniorage fee or Dead Rent: -
(b) The licensee may win and carry for purposes of testing and marketability a [maximum quantity of 100 Cub. Meters or the quantity permitted by the Director of Mines & Geology based on progress of prospecting work] per year [irrespective of Colour or Black Granite or marble] on payment of Seigniorage fee for the time being specified under Schedule I of Rule 10 of the APMMC Rules, 1966.
(ii) Every quarry lease holder shall pay seigniorage fee or dead rent whichever is higher, as per Schedules I and II of Rule 10 of APMMC Rules, 1966.
(iii) The licensee or lessee shall pay the prospecting fee or dead rent at the time of execution of licence or lease deed respectively and for the subsequent years one month in advance every year along with land assessment and cess on land assessment.
(h) Conditions of licence or lease: -
(ii) The licensee or lessee shall deposit in any Government Treasury and file challans with the Assistant Director concerned for all sums payable to the Government under the terms of licence or lease or permit.
(iii) The lessee shall pay the seigniorage fee as per the rates prescribed from time to time in Schedule-I in advance for the quantity intended to be despatched and submit the original challans to the Assistant Director of Mines and Geology concerned and then only despatch the material. The lessee shall furnish the details of [granite and marble] despatches with block numbers, quality, quantity and place of consignment to the Assistant Director of Mines and Geology concerned immediately soon after the despatch of material. However, the lessee is required to obtain the transit forms in advance for transportation of [granite and marble] and shall render the account of the Assistant Director concerned once in a month. No second consignment of way bill shall be issued unless the lessee has rendered the account of the previous account of consignment of way bill:
Provided that any misuse of the transit forms despatch of any [granite and marble] without paying Seigniorage fee and not accompanied by the transit forms issued by the Assistant Director, the lessee liable to pay [five times] of the normal Seigniorage fee as penalty for first time offence and [ten times] penalty for the second time offence in addition to the Normal Seigniorage fee. Any subsequent offence shall result in termination of the Lease.(iv) The Deputy Director of the region shall be the competent authority to assess and fix in consultation with the concerned department, any compensation payable by the licence or lessee for any loss, injury or damage done to the person concerned or to his property.
(v) The licensee or lessee shall erect and maintain at its own expenses boundary pillars of substantial material standing not less than one metre above the surface of the ground at each corner or angle on the line of the boundary of the area under licence or lease and at intervals of not more than 183 metres along with the boundary delineated in the plan attached to the area under the licence or lease.
(vi) The licensee or lessee shall without delay send to the Assistant Director concerned a report of any accident involving death or injury to any person which may occur in and around the licence or lease area and shall observe all the rules for the time being in force regarding the working of licence or lease.
(vii) Lapsing of Licence or Lease:-
(a) Where the licensee shall not commence prospecting operations within a period of six months from the date of execution of licence or is discontinued for continuous period of six months after commencement of such prospecting operations, the Director shall by an order declare the P.L. as lapsed and communicate the declaration to the licensee.
(b) Where the mining operations are not conducted within a period of two years from the date of execution of the lease or is discontinued for a continuous period of two years, after commencement of such mining operation, the Director shall by an order declare the lease as lapsed and communicate the declaration to the lessee :
(viii) The licensee or lessee shall not assign, sub-let, transfer or otherwise dispose of the under licence or lease without obtaining the previous sanction in writing of the Director. The transfer application shall be made to the Assistant Director of the District concerned in Form R along with non-refundable application fee of Rs. 5,000 (Rupees Five Thousand only). The licence or lease deed shall be executed as per the provision under clause (e):
The application for transfer of Lease shall be made to the Assistant Director of Mines & Geology concerned in Form-R alongwith the non-refundable application fee of Rs.10,000/- (Rupees ten thousand only) alongwith the copies of certificate issued by the competent authority showing the evidences for ownership and running of the industry. The transfer Lease deed shall be executed as per Rule 12(5)(e). The permission for transfer of Lease to the mineral based industry holder shall be accorded on payment of an amount equivalent to ten times of dead rent per hectare or the amount equivalent to the dead rent per hectare for the unexpired period of lease, whichever is higher. Such transfer shall be made only in favour of persons/entities owning the industry which would be consuming the mineral.(Viii b):—In case the Lease is granted to an Individual/Sole Proprietorship Firm, the Lessee, with the prior approval of the Director of Mines & Geology, may be permitted to change its constitution from individual/Proprietorship concern into partnership firm by adding new partners, on registering itself as a Partnership Firm under the Indian Partnership Act, 1932 and the original Lessee shall continue to hold 51% of his/her share and voting rights in the partnership firm so created, till expity of Lease or subsequent renewal Lease period. The inter-se ratio of shares among original partners shall not be changed during such a transfer. The Lessee shall furnish the registration certificate to the Director of Mines & Geology within 60 days from the date of such changes made.
(Viii c):- In case of Lease granted to a partnership firm, such firm, with the prior approval of the Director of Mines & Geology, may be permitted to add new partners into the firm so that the original partners of the firm together shall continue to hold 51% of their share and voting rights in the reconstituted firm till expiry of Lease or subsequent renewal Lease period. The inter-se ratio of shares among original partners shall not be changed during such a transfer. The Lessee firm shall effect such changes in the constitution of the firm as required under the Indian Partnership Act 1932 and intimate the same to the Director of Mines & Geology within 60 days from the date of such changes made.
(Viii d):- In case of Lease granted to the company registered under Companies Act, 2013, such company, with the prior approval of the Director of Mines & Geology, may be allowed to add new Directors into the company and the original Directors of the company together shall continue to hold 51% of their share and voting rights in the company till expiry of Lease or subsequent renewal Lease period. The inter-se ratio of shares among original Directors shall not be changed during such a transfer. The Lessee shall effect such changes in the constitution of the company as required under the Companies Act, 2013 and intimate the same to the Director of Mines & Geology within 60 days from the date of such changes made.
Provided that in all the cases mentioned at (viii b), (viii c), (viii d), the Lessee shall pay 2(two) times of dead rent payable under Schedule II of Rule 10 of Andhra Pradesh Minor Mineral Concession Rules, 1966 as charges for affecting changes in constitution/reconstitution of the firms/companies and the lessee shall be made an application before the Assistant Director of Mines & Geology concerned in Form-R-1 appended to this order, alongwith the non-refundable application fee of Rs. 10,000 (Rupees ten thousand only). The transfer lease deed shall be executed as per the provision under Rule 12(5)(e).(Viii e):—In the case of Lase held by the Central/State Public Sector Units, they may be permitted to sublet the Lease granted to them in favour of Joint Venture Companies/firms formed by them after intimating the Director of Mines & Geology.]
Provided that such sanction shall be accorded that there is no speculation involved in the transfer of licence or lease : Provided further that the transferor and the transferee shall not be in arrears of any mineral revenue to the Government. The holder(s) of a Mineral concession/lessee fails without sufficient cause to furnish the information referred to in sub-rule (a), the Director of Mines and Geology may impose a fine which may extend to two lakh rupees and in the case of continued contravention of the provisions of sub-rule (1) the Director of Mines and Geology may terminate the Mineral concession/lease as the case may be. Provided that no such order shall be made without giving the holder of mineral concession/lessee a reasonable opportunity of stating his case. Provided further that the changes are effected prior to issue of these orders, in such cases the lessee may intimate the changes with the copy of certificate issued by the competent authority within 60 days from the date of issue of these orders.](ix) The licensee or lessee shall obtain the permission of the Assistant Director concerned before he would erect on the area under licence or lease any building or structure for prospecting or quarrying purpose, if the area belongs to Government.
(x) If, in the course of prospecting or quarrying any mineral not specified in the licence or lease is discovered, the licensee or lessee shall at once report such discovery to the Assistant Director concerned to enable him to obtain the order of the Director for prospecting/quarrying of the same.
(xi) Renewal of Q.L.
(ii) The renewal of quarry lease application shall be disposed of by the Director before the expiry of lease :
Provided that where the renewal of quarry lease application is not disposed of before the expiry of lease, it is deemed to have been extended till the application is disposed of by the Director.(iii) The Director may condone the delay in filing an application for renewal of quarry lease made after the time limit prescribed under sub-rule (1) above.
(xii) In case of any breach on the part of licensee or lessee of any covenant or conditions contained in the grant, the Director may after giving an opportunity to the defaulter, determine the licence or lease and take possession of the premises under licence or lease and forfeit the security deposit.
(xiii) On determination of the licence or lease for violation of the conditions, all sums, paid by the licensee or lessee by way of deposits shall be forfeited and adjusted towards the amount if any to be realised.
(xiv) The Director may in consultation with the Government determine the licence or lease, if it is considered necessary to do so in public interest after giving two calendar months notice in writing.
(xv) Any [granite and marble] extracted under quarry lease and not removed by the lessee within 30 days or the determination of the lease, or the extended period given by the Director, shall be the property of the Government and the Assistant Director may disposed of the same in public auction.
(xvi) Granite waste which cannot be sold as granite shall be sold as road metal or otherwise with the permission of the Director. The rate of Seigniorage fee for such mineral shall be as per Schedule-I under Rule 10 of the APMMC Rules, 1966.
Note: - In respect of matters for which no special provision is made in this sub-rule for granite, the provisions contained in other rules shall apply.
(6) Notwithstanding anything contained in sub-rules (2) to (4) a quarry lease shall be granted in favour of Co-operative Societies consisting of exclusively of Adivasis/Tribals or individual Adivasis/Tribals in the notified Tribal Areas. 13. Disposal of applications. - [(1) The applications for the grant of quarry leases for any minor minerals [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 as required by Deputy Director. The lease deed shall be executed within ninety days from the date of grant or within such further period as the Director may allow in this behalf provided the grantee applies for extension of time within thirty days from the date of expiry of the period stipulated for execution. Such extensions can be granted by the Director not exceeding two times and such time not exceeding thirty days. If no lease deed is executed within the stipulated period or extended period due to any default on the part of the applicant, the authority who is competent to grant quarry lease shall revoke the order granting lease.] [Provided that any such application may be entertained for the first time even after the prescribed period specified above, if the applicant satisfies that he had sufficient cause for not making the application within the specified time.] (2) The application for the renewal of a quarry lease [the application for the renewal of a quarry lease shall be accompanied by a Treasury or Bank challan for rupees one thousand in token of remittance towards fee and] shall be made at least ninety days before the expiry of the period of lease to the [Deputy Director] and it shall be disposed of before the expiry of the lease period. [***] [Provided that where the renewal of quarry lease application is filed within the stipulated time and not disposed off before the expiry of the lease, the period of quarry lease shall be deemed to have been extended till the renewal application is disposed of by the Deputy Director.] [Provided [further] that where an application for the grant of quarry lease is rejected or deemed to have been refused under these rules, the fee paid by the applicant under sub-rule (1) of Rule 12 shall be refunded to the applicant : Provided [also] that where an application for grant of quarry lease is rejected on account of any lapse on the part of the applicant in supplying any material information, the fee paid by the applicant under sub-rule (1) of Rule 12 shall be forfeited to the Government.] [***] [14. Security Deposits. - An applicant for Prospecting Licence shall before the licence deed is executed deposit a sum of Rs. 10,000/- (Rupees Ten thousand only) for every hectare or part thereof for which, the licence is granted. An application for a quarry lease shall before the deed is executed, deposit as security, for the due observance of terms and conditions of the lease, a sum, equivalent to one year dead rent.] 15. Period of Lease. - [(1) Quarry lease may be granted by the Deputy Director for a period of five years in respect of minerals which can be extracted without much equipment or investment like sand, morrum, gravel, limeshell and lime kankar, chalcedeny pebbles, shingle, reh-matti. In respect of the minerals which require investment, equipment to develop the quarry, such as boulders, building stone, lime stone, mosaic chips, Fullers earth, shale, slate, marble, Shabad slabs, napa slabs, bentonite, lime shell, road metal without crushing unit for a period of 10 years and in respect of minor minerals useful for road metal, ballast serving as a captive source for a crusher unit for a period of fifteen years.] (2) If the Government are satisfied that for the proper and systematic development of the quarry, a period longer than [5/10/15] years is necessary necessary and that the applicant or lessee is capable, financially and technically, of developing the quarry on a large scale, a quarry lease may be granted for a longer period not exceeding twice the fixed period such lease may, however, be renewed from time to time. [16. Restriction on determination of lease. - (1) The lessee shall not not abandon the lease except after a notice in writing of not less than six calender months to the Deputy Director [other than [granite and marble] and to the Director in case of [granite and marble].] (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: 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 [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 continguous ;
(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.]
[The Director of Mines and Geology/Deputy Director of Mines and Geology concerned may, in the interest of Mineral Development and with reasons to be recorded in writing permit amalgamation of two or more adjoining leases held by a lessee; Provided that the period of amalgamated leases shall be co-terminus with the lease whose period will expire first or a minimum period of further 5 years from the date of amalgamation whichever is later.] [17. Lapsing of leases. - (1) Subject to the other conditions in this rule, where quarrying operations are not commenced within a period of six months from the date of execution of the lease or is discontinued for a continuous period of six months after commencement of such operations or the payments as required under Clause (iv) of rule 31 are not made, the Deputy Director shall by an order, declare the quarry lease as lapsed and communicate the decision to the lessee. (2) Where the lessee is unable to commence the quarrying operations within a period of six months from the date of execution of the lease or discontinued quarrying operations for a period of six months for reasons beyond his control, he may submit an application to the Director explaining the reasons for the same atleast 30 days before the expiry of such period. (3) Every application under sub-rule (2) shall be accompanied by [a fee of Rs. 500/-.] (4) The Director may on receipt of application made under sub-rule (2) and on being satisfied about the adequacy and genuineness of the reasons for the non-commencement of the quarrying operations or discontinuation thereon, pass an order extending or refusing to extend the period of the lease. (5) The Director may condone, the delay in submission of the application under sub-rule (2) before the lapse of the lease.] 18. Default in payment of bid amount. - [If the lessee or the bidder makes default in payment of any money due from him under these rules within the stipulated period or neglects to furnish security deposit or to execute the lease deed when required, the Deputy Director may pass an order forfeiting all sums paid by him and cancel the quarry lease.] [19. The State Government may without prejudice to the provisions contained in the Act or any other rule in these Rules, change simple interest at the rate of Twenty four per cent, per annum on any amount payable under these rules or under the terms and conditions if any quarry lease from the sixteenth day of the expiry of the date fixed for payment of such amount and until payment of such sums is made.] 20. Rights under a Lease. - Subject to a contract to the contrary, a quarry lease granted under the rules shall confer on the lessee, the right to quarry, carry away, sell or dispose of the minor mineral or minerals specified in the lease deed and found upon under the lands specified therein. 21. Removal of Sand from Port limits. - [(1) Removal of sand may be allowed with the previous permission of the Conservator of Port under sub-section (1) of Section 3 of Indian Ports Act, 1908 from the Ports under the administrative control of the State Government for scrubbing decks and ballast on small country crafts or for other marine purposes free of charge in case the sand removed is not exceeding half a tonne and in other cases, the prevailing rate of seigniorage fee for ordinary sand as specified in Schedule I under Rule 10 from time to time shall be levied on the quantity removed in excess over half a tonne. The seigniorage fees so collected shall be credited to the Andhra Pradesh Minor Port Fund or the Landing and Shipping Fund, as permitted Authority directs.] (2) Quarrying and removal of sand for non-marine purposes shall, however, be subject to the previous permission of the Conservator and payment of the seigniorage fee. 22. Availability of the areas for grant to be notified. - [***] 23. Removal of sand etc., from lands and tanks in-charge of the Government Department. - (1) Nothing in the foregoing rules shall apply to removal of sand, earth or silt for non-commercial purpose from the lands and tanks in-charge of the Public Works Department and the Revenue Department. (2) Sand, earth or silt from the beds of tanks under the control of the Public Works Department or the Revenue Department, which are notified by the Assistant Director under this rule, may be allowed to be removed free of charge for bona fide domestic, agricultural or non-commercial purposes. Such removal shall be subject to the following restrictions, namely: -(i) pits shall be a distance of at least twice the height of the bund from the toe of the bund, and they shall not be of such depth as would expose porus starta and at any rate more than one metre;
(ii) earth shall not be carted along tank bund unless the bund is a road or car track ;
(iii) bunds shall not be cut to enable carts to pass ;
(iv) silt removed shall not be stocked on tank beds, bunds or slopes of bunds ; and
(v) cart shall not touch any portion of the revetment sluice or any other masonary works of the tank and cause damage to them.
(3) Before issuing the notification under sub-rule (2) in respect of the tanks in-charge of the Public Works Department or the Revenue Department, the Assistant Director shall consult the Executive Engineer or the Collector of the revenue district concerned. 24. Removal of minor minerals from sources vested in Zilla Parishads, Municipalities, Panchayat Samithis & Gram Panchayats. - The Assistant Director may, subject to the provisions of Rule 12, grant lease for the removal of any minor mineral from any sources of water supply vested in any Zilla Parishad, Municipality, Panchayat Samithi or Gram Panchayat, after consulting it. [25. Quarrying or removal of sand in certain river beds. - Whenever the Director or the Officer authorised by him decides to lease-out the right of quarrying for sand in sealed Tender-cum-Public Auction, in River beds to which the Andhra Pradesh (Andhra Area) River Conservancy Act, 1884 applies he shall prior to the issue of notice under Rule 9-C consult the Conservator of Rivers.] 26. Penalty for unauthorised quarrying. - [(1)] If any person carries on quarrying operations or transports minor minerals in contravention of these rules, he shall be liable to pay as penalty, such enhanced seigniorage fee together with assessments as may be imposed by an Officer nominated by the Director of Mines and Geology. (2) Whenever any person raises or transports minor minerals without any lawful authority, such minerals may be seized by an Officer nominated by the Director of Mines and Geology in this behalf in addition to the imposition of the penalty under sub-rule (1) : Provided that in no case, the penalty shall exceed [ten times] the normal seigniorage fee and the lease or permit already granted may, at the discretion of the Deputy Director, be liable to be terminated or cancelled. [(3)(i) For the purpose of ascertaining the position of payment of Mineral Revenue due to the Government or for any other purpose under these rules, the person authorised under sub-rule (2) may -(a) enter and inspect any premises ;
(b) survey and take measurements ;
(c) weigh, measure or take measurements of stocks of minerals ;
(d) examine any document, book, register or record in the possession or power of any person having the control of, or connected with any mineral including the processed mineral and place marks of identification thereon and take extracts from, or make copies of such document, book, register or record ; and
(e) order the production of any such document, book, register, record as is referred in Clause (d).
(ii) If no documentary proof is produced in token of having paid the mineral revenue due to the Government by any person who used or consumed or in possession of any mineral including the processed mineral, he shall notwithstanding anything contained in sub-rule (1) be liable to pay [five times]
of the normal seigniorage fee as penalty in addition to normal seigniorage fee leviable under the rules. [Explanation. - It shall be competent to the officer nominated by the Director of Mines and Geology to determine the question whether quarrying operation or transportation of minerals are carried or not within the meaning of this rule.] [(4) The applicant/applicant company convicted for an offence relating to unauthorised mining/quarrying of minor minerals shall be debarred/disqualified for getting new Quarry Lease or renewal of the existing Quarry Lease for a period of ten (10) years.] [(5) whoever contravenes the provisions under sub-rule (5) of Rule 10, the Assistant Director of Mines and Geology or any Officer nominated in this behalf by the Director of Mines and Geology shall raise a demand as specified in the Schedule III with [five times] penalty. In the event of default of payment of penalty within a period of one month an officer not below the rank of Assistant Director of Mines and Geology or any officer authorized by the Director of Mines and Geology shall be competent to seize the unit from its operation by duly recording panchanama. On such seizure it is the responsibility of the industry concerned to safeguard its machinery by keeping a watch and ward and department will not take any responsibility for the machinery and any other equipment present in industry or damage to the civil structures.] 27. Registered holder or any lessee held responsible for proper working of the quarry. - In a case where the land is leased out, the lessee and where no lease is granted, the registered holder shall be responsible for the proper working of the quarry and shall be liable to the Government for his wrongful act or default. 28. Discovery of new mineral, fencing, accounting, etc. - (1) If any minor mineral not specified in the lease or the order sanctioning the permit is discovered in the area, under lease or permit, the lessee or the permit holder shall not win or dispose of such mineral without obtaining permission of the Assistant Director and without payment of such seigniorage fee as well as the acreage assessment as would be due if permission was granted in respect of such mineral. (2) The lessee [***] shall at his own expense, erect boundary marks round the area shown in the plan annexed to the lease or mentioned in the order sanctioning the permit, as the case may be, and maintain and keep boundary marks in good repair. (3) The lessee or the person to whom a permit is given shall keep true accounts of the quantity and other particulars of all minor minerals obtained and dispatched from the quarry in Form C. (4) Any officer authorised by the Deputy or Assistant Director in this behalf shall have access to such account for examination and inspection and the permit holder or the lessee shall furnish the officer with such information and returns as may be specified by him. (5) The lessee or the person to whom a permit is given shall strengthen and support any part of the quarry for the safety of any railway, reservoir, canal, road or any public work or structure to the satisfaction of the Railway Administration, local authority or the State Government, as the case may be, according to the requirements. 29. Recovery of arrears. - Any amount due to Government under these rules may be recovered as an arrears of land revenue. 30. Report to Chief Inspector of Mines. - The lessee or his agent or the manager of the quarry shall forward to the Chief Inspector of Mines, Dhanbad, India and the [Assistant Director] concerned a report in Form F1.(i) whenever the depth of the quarry measured from its highest to its lowest point reaches six metres ;
(ii) whenever the number of persons employed in the quarry on any day is more than 50 ; and
(iii) at such times as the Assistant Director may direct.
31. Conditions of permit or lease. - Every quarry lease shall, in addition to such conditions as may be specifically stipulated in each case, be subject to the following conditions, viz -(i) [***]
(ii) [***]
(iii) The lessee shall pay annually the land assessment, if any, of the area under lease or permit ;
(v) The Deputy Director, shall be the competent authority to assess and fix, in consultation with the concerned departments, any compensation payable by the lessee for any loss, injury or damage done to the person concerned or to his property.
(vi) The lessee shall, [***] effect and maintain at his own expense, boundary pillars of substantial material, standing not less than one metre above the surface of the ground at each corner or angle in the line of the boundary of the area under lease or permit 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 ;
(vii) The lessee shall commence quarrying operations within two months from the date of the grant and shall thereafter carry on such operations effectively in a proper, skillful and workman like manner, as regards prevention of waste within the quarry and shall not work it in such a manner as may prove dangerous to human life or cattle and shall, if so directed by the Assistant Director, cause such quarry or any part thereof to be securely fenced to the satisfaction of the Assistant Director.
(viii) The lessee shall without delay send to the Assistant Director a report of any accident involving the death or injury to any person which may occur in or around the quarry and shall observe all rules for the time being in force regulating the working of quarries;
(ix) The lessee shall not assign, sublet, transfer or otherwise dispose of the area under lease or permit without obtaining the previous sanction in writing of the Deputy Director ; [A quarry lease granted in public auction for sand is not open for transfer ;]
The application for transfer of lease shall be made to the Assistant Director of Mines & Geology concerned in Form-R, alongwith the non-refundable application fee of Rs. 10,000/- (Rupees ten thousand only) alongwith the copies of certificate issued by the competent authority showing the evidences for ownership and running of the industry. The transfer lease deed shall be executed as per the provision under Rule 13(i). The permission for transfer of lease to the mineral based industry holder shall be accorded on payment of an amount equivalent to ten times of dead rent per hectare or the amount equivalent to the dead rent per hectare for the unexpired period of lease, whichever is higher. Such transfer shall be made only in favour of persons/entities owning the industry which would be consuming the mineral.(ix b):-The lessee, with the prior approval of the Deputy Director of Mines & Geology concerned, may be permitted to change from an individual/sole proprietorship firm into partnership firm by adding new partners on registering itself as a Partnership Firm under the Indian Partnership Act, 1932 and the original lessee shall continue to hold 51% of his share and voting rights in the partnership firm so created, till expiry of lease or subsequent renewal lease period. The inter-se ratio of shares among original partners shall not be changed during such a transfer. The lessee shall register itself as required under the Indian Partnership Act 1932 and furnish the registration certificate to the Deputy Director of Mines & Geology concerned, within 60 days from the date of such changes made.
(ix c):- In case of lease granted to a partnership firm, such firm, with prior approval of the Deputy Director of Mines & Geology concerned, may be permitted to add new partners into the firm and the original partners of the firm together shall continue to hold 51% of their share and voting rights in tine reconstituted firm till expiry of lease or subsequent renewal lease period. The inter-se ratio of shares among original partners shall not be changed during such a transfer. The lessee firm shall effect such changes in the constitution of the firm as required under Indian Partnership Act 1932 and intimate the same to the Deputy Director of Mines Sc Geology concerned, within 60 days from the date of such changes made.
(ix d):- In case of lease granted to the company registered under Companies Act 2013, such company, with prior approval of the Deputy Director of Mines & Geology concerned, may be permitted to add new Directors into the company so that the original Directors of the company together shall continue to hold 51% of their share and voting rights in the company till expiry of lease or subsequent renewal lease period. The inter-se ratio of shares among original Directors shall not be changed during such a transfer. The lessee company shall effect such changes in the constitution of the company as required under Companies Act, 2013 and intimate the same to the Deputy Director of Mines & Geology concerned, within 60 days from the date of such changes made.
Provided that in all the cases mentioned at Rule 31 (ix b)(ix c)(ix d), the lessee shall pay two (2) times of dead rent payable under Schedule II of Rule 10 of Andhra Pradesh Minor Mineral Concession Rules, 1966 as charges for affecting changes in constitution/reconstitution of the firms/companies and the lessee shall be made an application before the Assistant Director of Mines & Geology concerned in Form-R1 appended to this order, alongwith the non-refundable application fee of Rs. 10,000 (Rupees ten thousand only). The transfer lease deed shall be executed as per the provision under Rule 13(i).(ix e) :—In the case of lease held by the Central/State Public Sector Units, they may be permitted to sublet the lease granted to them in favour of Joint Venture Company firm formed by them after intimating the Deputy Director of Mines Sc Geology concerned.]
The holder(s) of a Mineral concession/lessee fails without sufficient cause to furnish the information referred to in sub-rule (a), the Director of Mines and Geology may impose a fine which may extend to two lakh rupees and in the case of continued contravention of the provisions of sub-rule (1) the Director of Mines and Geology may terminate the Mineral concession/lease as the case may be. Provided that no such order shall be made without giving the holder of mineral concession/lessee a reasonable opportunity of stating his case. Provided further that the changes are effected prior to issue of these orders, in such cases the lessee may intimate the changes with the copy of certificate issued by the competent authority within 60 days from the date of issue of these orders.](x) The lessee shall not cut or injure any trees in the area under lease or permit ;
(xi) The lessee shall obtain the permission of the Assistant Director before he would erect on the area under lease or permit any building for quarrying purposes if the area belonged to the Government ;
(xii) If, in the course of quarrying, any mineral not specified in the lease is discovered, the lessee shall at once report such discovery to the Assistant Director to enable him to obtain orders of the Government regarding the working of the same ;
(xiii) If the lessee stops to work the quarry without the prior sanction of the Assistant Director for a continuous period of six months, the lease granted for quarrying shall be liable to be cancelled;
[(xiv) If the lessee to whom a quarry lease is granted has duly observed all the conditions of the lease and file an application under Rule 9(i) to the Deputy Director (through Assistant Director) [***] the Deputy Director may grant renewal for not more than two times to the period of the quarry lease. The renewals are further subject to the following criteria:-
First Renewal: -(a) Systematic development of the quarry/quarries.
(b) Development of good communication facilities and their maintenance.
(c) Investment on transport.
(d) Training of skilled labour and commitments on labour retention and inducement.
(e) Preliminary work and investment for establishment of a processing (dressing or upgrading) plant utilising the product from the quarry/quarries in question.
(f) Establishment of market for the product, either in raw from or in processed or semi-processed form.
Second Renewal: -(a) Establishment of processing plant, either individually or in joint partnership with others.
(b) Development of market in the country or abroad.
(c) Any long term contracts with established industries for supply of quarry product.
(d) Setting up of an industry in the region either individually or in partnership with others.
Note: - (1) Adherence to and non-violation of rules during the term of occupation is a primary prerequisite in all cases of consideration of renewal.
(2) In case of. patta lands, renewals may be automatic.
(3) In case of leases for minor minerals useful for road metal ballast serving as a captive source for a crusher unit the renewal may be granted as long as crushing unit is in operation.]
(xv) If the seigniorage fee or dead rent payable by the lessee is not paid within three months next after the date fixed in the grant or otherwise for its payment, the Deputy Director or any Officer authorised by him, may after giving an opportunity to the defaulter, enter upon the area under lease or permit and distrain all or any of the mineral or the movable property belonging to him and standing on the land, and may order for the sale of the property distrained or so much of it as will suffice to cover the arrears due to the Government together with all costs and expenses occasioned by the non-payment thereof and may also determine the lease or permit ;
(xvi) In the case of any breach on the part of the lessee of any covenant or condition contained in the grant, the Deputy Director, may, after giving an opportunity to the defaulter, determine the lease [***] and take possession of the premises under lease [***] and forfeit the security deposit ;
(xvii) On the determination of a lease or permit for violation of condition (iii), (xv) or (xvi), all sums paid by the lessee by way of deposit shall be adjusted towards the amounts, if any, due to the Government and any further dues remaining unpaid shall become recoverable from the lessee.
(xviii) The Deputy Director may, in consultation with the Government determine the lease, if it is considered by him necessary to do so in the public interest after giving two calendar months notice in writing ;
(b) The lessee further shall take all precautionary measures in conducting mining operations as per the relevant stipulations made under Mettalliferrous Mines Regulations, 1961.
(c) If the lessee violates the provisions as stipulated above, necessary action shall be taken for cancellation of the lease after obtaining the information from the concerned departments after giving an opportunity.]
32. Special conditions in the lease. - The grant may include any special conditions for working in forest areas and the lessees shall not interfere with exploitation of the forest produce in the area or with the rightful exercise of any other rights other than the exploitation of the minor minerals for which the grant is made to him. 33. Head of Account to which amount should be remitted. - Any stocks of minor minerals excavated by the lessee or the person who worked at the quarry under a lease or permit under these rules and left lying on the area after the expiry of the lease or permit shall be the property of the Government and the Assistant Director may sell it in public auction. The amount so collected as cost of cesses, if any, shall be credited to the following Head Account.
: 128 - Mines and Minerals ; |
|
Minor Head |
: Mineral Concession Fee ; |
Sub-Head |
: Seigniorage fee or dead rent on minor minerals. |
Schedules I and II under Rule 10.
Rates of Seigniorage Fee
Sl. No |
Name of the Minor |
Unit |
Rate of Seigniorage Fee |
||
1 |
2 |
3 |
4 |
||
1 |
Building Stone |
M3/MT |
Rs. 50/33 (Rupees Fifty /Thirty Three) |
||
2 |
Rough Stone/Boulders |
M3/MT |
Rs. 50/33 (Rupees Fifty / Thirty Three) |
||
3 |
Road Metal & Ballast |
M3/MT |
Rs. 50/33 (Rupees Fifty / Thirty Three) |
||
3(a) |
Dimensional Stone used for Kerbs & Cubes |
MT |
Rs. 88/- (Rupees Eighty Eight) |
||
4 |
Limekankar/Limestone |
MT |
The rate of Royalty as applicable to limestone
(other than L.D. Grade) in respect of Major Mineral as per the 2nd Schedule of the Mines and |
||
5 |
Lime Shell |
MT |
Rs. 88/- (Rupees Eighty Eight) |
||
6 |
Marble |
M3/MT |
Rs. 165/66 (Rupees One hundred and Sixty Five/Sixty Six) |
||
7 |
Mosaic Chips |
MT |
Rs. 44/- (Rupees Forty Four) |
||
8 |
Muram/Gravel & Ordinary earth |
M3/MT |
Rs. 22/14 (Rupees Twenty Two/ Fourteen) |
||
9 |
Ordinary sand/Sand manufactured from Boulders useful for Civil construction |
M3 |
Rs. 40/- (Rupees Forty) |
||
10 |
Shingle |
M3 |
Rs. 17/- (Rupees Seventeen) |
||
11 |
Chalcedony Pebbles |
MT |
Rs. 33/- ( Rupees Thirty Three) |
||
12 |
Fullers Earth/Bentonite |
MT |
Rs. 110/- (Rupees One hundred and Ten) and |
||
13 |
Shale/Slate |
MT |
Rs. 110/- (Rupees Hundred and Ten) |
||
14 |
Rehmati |
MT |
Rs. 17/- (Rupees Seventeen ) |
||
15 |
Limestone slabs |
|
|
||
(a)(i) |
Colour |
- |
Rs. 7 (Rupees Seven) per Sq. Mt. or Rs.
|
||
(ii) |
White |
- |
Rs. 5/- (Rupees Five) per Sq. Mt. or Rs. 55/-(Rupees Fifty Five) |
||
(b) |
Black |
- |
Rs. 4/- (Rupees Four) per Sq. Mt. or Rs. 44/- (Rupees Forty Four) per Mt. whichever is higher |
||
16 |
Ordinary clay, Silt and Brick Earth used in manufacture of Bricks including Mangalore tiles |
- |
Rs. 3850/- (Rupees three the thousand eight hundred and fifty only) per kiln per annum for Bricks and Tiles |
||
17. Granite Useful for Cutting (Rate in Cubic Meter) |
|||||
|
Item |
Super Gang Saw above 300 Cm. X 180Cm. Size |
Mini Gang Saw above 270Cm X 150 Cm. & less than 300 Cm. X 180 Cm. Size |
Below 270 Cm. X 150 Cm. Size |
Below 75 Cm. Size |
(a) |
Black Granite |
Rs. 3,300/- (Rupees |
Rs. 2,625/- (Rupees |
Rs. 2,475/- (Rupees |
Rs. 1100/- (Rupees |
|
Galaxy Variety |
three thousand three hundred only |
two thousand six hundred and twenty five only) |
two thousand four hundred and seventy five only |
one thousand one hundred only) |
(b) |
Black Granite other than Galaxy Variety |
Rs. 2,475/- (Rupees two thousand for hundred and seventy five only) |
Rs. 2,000/- (Rupees two thousand only) |
Rs. 1,925/- Rupees one thousand nine hundred and twenty five only |
Rs. 825/- (Rupees Eight hundred and twenty five only) |
(c) |
Colour Granite of Srikakulam Blue, |
Rs. 2,475/- (Rupees two thousand four hundred and seventy five only) |
Rs. 2,000/- (Rupees two thousand only) |
Rs. 1,925/- (Rupees one thousand Nine hundred and twenty five only) |
Rs. 825/- (Rupees Eight hundred and twenty five only) |
(d) |
Colour Granite of other Varieties |
Rs. 1,925/- (Rupees One thousand nine hundred and twenty five only) |
Rs. 1,625/- (Rupees One thousand Six hundred and twenty five only) |
Rs. 1,650/- (Rupees One thousand six hundred and fifty only)." |
Rs. 825/- (Rupees eight hundred and twenty five only) |
Rate of Deed Rent
(Per Hectare Per Annum)
Sl.No. |
Name of the Minor Mineral |
Rate of Dead Rent per hectare per Annum |
01 |
Black Granite |
Rs. 55,000/- (Rupees fifty five thousand only) |
02 |
Colour Granite |
Rs. 44,000/- (Rupees forty four thousand only) |
03 |
Limestone other than classified as Major
Minerals used for Lime |
Rs. 27,500/- (Rupees twenty seven thousand and five hundred only) |
04 |
Gravel, Morrum, Shingle, Limestone Slabs used
for Flooring |
Rs. l6,500/- (Rupees sixteen thousand and five hundred only) |
Sl. No. |
|
Item Slab rate in lieu of Seigniorage Fee payable for raw material Procured. |
Ceiling limit |
a) |
Block cutter with single blade |
Rs. 14000/- per month per blade) |
I) 16 Cu.M per month of raw granite blocks from the Query per each slice cutting machine per blade. |
|
|
|
II) 400 Sq. M of slabs per each slice cutting machine per blade. |
|
|
|
III) In case, the ceiling limit exceeds in respect of raw blocks, Seigniorage Fee is payable as per Item 17 of the Schedule I. |
|
|
|
In respect of Granite Slabs exceeding ceiling limit Seigniorage fee is payable by computing @ Rs. 50/- per Sq.M taking average yield per each Cu.M as 40 Sq.M. |
b) |
Tile cutting machine to cut 2 ft x ft size |
Rs. 2500/- per each slice cutting |
I) 60 blocks per month of 75 cm x 35 cm |
|
|
|
II) 180 Sq. M of tile per each slice cutting machine per blade. |
(1) |
(2) |
(3) |
(4) |
|
|
III) In case, the ceiling limit exceeds in respect of raw blocks, Seigniorage Fee is payable @ Rs. 40/- per each block of 75 cm X 35cm X 35 cm. |
|
|
|
IV) In respect of Granite tiles exceeding ceiling limit of 180 Sq.M per month, the Seigniorage fee is payable by computing @ Rs. 15/- per Sq.M. taking average yield per Cu.M block as 3 sq.mts. |
|
c) |
Limestone slabs covered under |
Rs. 1000/- per each polishing machine |
400 sq. meters per month of raw slabs and if exceeds shall pay Seigniorage fee as per the schedule prescribed under Andhra Pradesh Minor Mineral Concession Rules, 1966. |
|
|
|
|
[See Rule 10-B]
Notice is hereby given inviting Sealed Tenders and for public auction for the right of collection of seigniorage fee for the minerals and sectors specified below in District. Notice is hereby given inviting sealed tenders and for public auction for the right of collection of seigniorage fee in respect of Minor Minerals quarried and transported by the different lessees for the leases situated in the sector for a period of one year. The name of the Sector is given in the Schedule below: - The Sealed Tenders shall be received till 5.00 p.m. on ................. in the office of the Assistant Director of Mines & Geology ...................... and the Auctions shall be conducted by .................................. at ................... on the day mentioned in the schedule at ................................ a.m. subject to the provisions of Andhra Pradesh Minor Mineral Concession Rules, 1966. The receipt of applications for issue of Hall Tickets to participate in the Public auction shall be closed at 5.00 p.m. on ................. by ........................Schedule
Sl. No. |
Name of the sector |
Name of the Minor Minerals |
Minimum Bid |
Date of Auction |
1 |
2 |
3 |
4 |
5 |
|
|
|
|
|
Signature of the Auctioning Authority
Note: - The annexure containing the conditions, application proformas the details of leases in different sections etc., can be had from the Assistant Director of Mines and Geology .............
Annexure
Conditions of Auction : - (1) No person shall be permitted in the Auction Hall without the Hall Ticket in the prescribed form issued by the Assistant Director. The Hall Ticket holder may be assisted by not more than two assistants during Auctions to participate in the Auction. (2) The Hall Ticket shall be issued by the Assistant Director on submission of the filled in application in the prescribed form and the following documents.(a) A notarised Affidavit in the prescribed form on Non-Judicial Stamp paper worth Rs. 25/-.
(b) Bank Draft/Banker's Cheque obtained from any Scheduled Bank for an amount equivalent to 10% of the minimum bid in favour of ..........................
(c) A mineral Revenue clearance certificate in Form H or an affidavit in lieu thereof in case the applicant does not have any mining lease, prospecting licence or quarry leases in the State.
(d) Receipt of application for issue of Hall Ticket, shall be closed three days before the commencement of the auction.
(3)(a) Sealed Tender shall be accepted for each sector separately in separate covers.(b) Every sealed tender will be separately accompanied with filled in prescribed form (application for Hall Ticket) along with the enclosures as required under item (2) above.
(c) Soon after the receipt of sealed tenders from tenderers the necessary entry should be made in the Register by the officer concerned while issuing acknowledgment to the tenderers. Such Sealed Tender shall be kept under the safe custody of the Assistant Director. He has to ensure that all such sealed tenders and the Registers are kept safe under his personal custody duly observing all possible safety measures.
(d) Every tenderer shall be issued a Hall Ticket to participate in the auction without insisting any further payments as required under item (2) mentioned above by the officer concerned.
(4) No person shall bid for any person unless he holds a power of attorney and presents an application signed by such person. (5) On the oral promise of the auctioning authority the Tenderer/Bidder shall have no claim to any right. (6) The following persons shall not be entitled to participate in the auction.(a) persons aged below eighteen years.
(b) persons who have been debarred from obtaining quarry leases and mining leases.
(7) If the Assistant Director notices that any person in the auction hall before or at the time of bidding behaves or acts in such a manner as to cause loss to Government or induces or forbids any person from bidding, he may suspend him from participating in the auction and remove him from the Auction Hall. (8) The Sealed Tender shall be opened after the bidding is over in each sector. It is the responsibility of the persons who submitted the sealed tenders to make themselves present at the time of opening of the sealed tenders. Sealed tenders shall be opened by the Assistant Director irrespective of the presence of Tenderers. (9) No person will be admitted into auction Hall without the Hall ticket issued by the Assistant Director. The right of collection of signorinarage fee will be ordinarily knocked down to the Highest Tenderer/Bidder but the right is reserved to the officer conducting the proceedings or by the Director or by the Government as the case may be to reject any tender/bid where there is a reason to believe to do so. The right of collection of seigniorage fee shall be strictly subject to the confirmation by the competent authority who has the right to refuse the right of collection of seigniorage fee with reasons recorded. (10) The Assistant Director may at his own discretion reject any persons Tender/bid who,(a) has been convicted for any penal offence or any offences under the Mines and Minerals (Regulation and Development) Act, 1957, or
(b) He is debtor to the Government of Andhra Pradesh in the Mines and Geology Department.
(11) It shall be at the discretion of the officer concerned to accept or reject the tender or bid after recording the reasons thereof.(a) A tender once submitted shall not be withdrawn before the bid is concluded.
(b) The Officer concerned shall announce at the commencement of the bidding the names of the persons who have submitted tenders and hall ticket holders for the particular sector.
(12) The proceedings for the disposal of the sector shall be concluded on tender or bid as the case may be by the Assistant Director. The hike in bidding in the auction Hall by the bidders shall not exceed 25% of the minimum bid each time. The tenders of the sector shall be opened only when it is ensured by the Assistant Director that there is no further bidding. He shall knock down the highest tender/bid provided he is satisfied with the procedure. In case the highest bid amount and one or more tendered amounts remaining the same, the knocking down for the sector shall be decided by drawing lots immediately. However, the Assistant Director shall have the power to reject the highest tender/bid on reasons to be recorded therefor and accept any other next lower tender/bid, subject to approval of the Joint Director concerned. (13) The Assistant Director shall maintain a register by duly mentioning all the particulars of the participants who have submitted sealed tenders and the hall ticket holders. The persons whose tender/bid is knocked down shall sign and mention his name in block letters by duly affixing his signature/thumb impression in the Register. (14)(a) The successful tenderer/bidder shall pay the knocked down amount in four quarterly instalments. The amount equivalent to 25% of knocked down amount towards as first instalment shall be deposited in the Government Treasury within the immediate next two working days.(b) The confirmation orders will be issued by the Deputy Director concerned on making the deposit of 25% of knocked down amount as required under sub-rule (1) of Rule 10-E. The first successful tenderer/bidder on receipt of order of confirmation shall furnish security deposit of 2% of knocked down amount subject to the minimum of Rs. 1000/- and maximum of Rs. 25,000/- in the manner as prescribed in the confirmation order and execute agreement in Form 'M' with the Assistant Director within the time prescribed in the confirmation order on stamped paper as per the Registration and Stamps Act by duly furnishing three bank guarantees in favour of the Assistant Director concerned for an amount equivalent to 75% of the knocked down amount under each guarantee which are valid for six, nine and twelve months against the respective quarterly instalments payments. The respective Bank Guarantees shall be released by the Assistant Director on payment of quarterly instalments. The security deposit shall be released by the Assistant Director soon after the expire of lease period provided the Authorised Agent fulfilled all the lease deed conditions and other provisions of the Andhra Pradesh Minor Mineral Concession Rules, 1966.
(c) In the event of default by the Ist successful Tenderer/bidder for payment of 25% of the knocked down amounts required under sub-rule (1) or completion of formalities for executing the agreement as required under sub-rule (2) of Rule 10-E, the competent authority may issue conformation orders in favour of the second and the third highest tenderer/bidder in the descending order with due stipulations of the time limits for payment of 25% of the amount offered by the respective tenderer/bidder and discharging the other formalities for making agreement as required under sub-rule (2) of Rule 10-E. However, in case the second and third highest tenders/bidders also become defaulters, the other tenders/bidders who offered and participate over an above the minimum bid and who retained the deposit of 10% of the minimum bid with the auctioning authority after the auctions may be considered for issue of confirmation orders in the descending order by the competent Authority by duly stipulating the time limits for payment of 25% of the offered amount by the respective tenderer/bidder and discharging the other formalities for making agreement as required under sub-rule 2 of Rule 10-E.
(d) The successful tenderer/bidder on executing the agreement in Form H shall pay the subsequent quarterly instalment atleast fifteen days before the end of the precedings quarter.
(e) The Director may condone the delay in payment of the amount, fulfilment of other formalities and making agreement under sub-rules (1) to (4) of Rule 10-E on valid grounds.
(f) If the successful tenderer/bidder fails to pay 25% of the knocked down amount within two working days or fails to furnish the bank guarantee of 75% of knocked down amount within the time specified in the confirmation order or fails to make agreement in Form 'M' after completing all the formalities or fails to pay the quarterly instalments within the prescribed time, the amounts so far paid by the successful tenderer/bidder by way of deposits and the amounts under bank guarantee, shall be forfeited to the Government by the confirming authority. If the second or the third highest tenderer/bidder fails to pay the amounts or complete the formalities as stipulated in the confirmation order, the confirming authority shall forfeit the amounts so far paid by way of deposits or otherwise including the bank guarantee to the Government. If the fourth or any subsequent bidder who has been issued confirmation order and made agreement in form - 'M' after completing the formalities fails to pay the second or any subsequent instalments in time the confirmation authorities shall forfeit the security deposits and the bank guarantee to the Government. Any forfeiture shall be done by the confirming authority after giving an opportunity.
(g) The deposits of second and the third highest tenderer/bidder shall be returned after the agreement is made in Form-M in case they are not found to be defaulters for the payment of 1/4th amount as required under sub-rule (1) and the completion of the formalities under sub-rule (2) of others shall be returned after three days of auction held on a written request by the participants for the same and the deposits of those who like to avail the opportunity of getting the lease in case the first, second and third highest tenderer/bidder become defaulters will be retained with the officer concerned and returned after the agreement is made.
(15) The successful tenderer/bidder shall have no claim for compensation or extension of lease period for the delay caused by himself in paying the required amounts and executing the agreement. However, the Government may exempt or waive the proportionate amount for the non performed period on valid reasons. (16) The tenderer/bidder shall not be entitled to make use the privilege acquired before the agreement and take out the right of collection of seigniorage fee. It shall be the responsibility of the tenderer/bidder to execute the agreement within the stipulated period as well as take out the right of collection of seigniorage fee. If the tenderer/bidder fails to comply with the above formalities or take out the sector and for that reasons if the privilege acquired could not be functioned he shall not be absolved from the responsibility to pay the knocked down amount. (17) If the successful tenderer/bidder dies after the privilege is knocked down to him, his legal heirs shall have right and be responsible to execute the agreement and to carry out the business by remitting the dues to the Government. If the heirs do not want to continue the privilege, they should within fifteen days from the date of death of the tenderer/bidder intimate the Assistant Director their intention in writing by registered post. The amounts deposited by the deceased tenderer/bidder shall be refunded to the legal heirs. (18) The right of collection of seigniorage fee obtained through sealed tender cum auction is not liable for transfer. (19) The tenderer/bidder after executing the agreement in Form-M prescribed in Rule 10-E(2) will be at liberty to collect the seigniorage fee from the quarry lease holders including temporary permit holders except the persons/organisations who obtained quarry leases with exemption from payment of seigniorage fee in respect of Minor Minerals specified in the notification at the relevant rates mentioned in Schedule I to Rule 10(1) and the relevant rates mentioned in Rule 12(5)(e) at or before the time of despatch of the Minor Minerals from the leased areas. He shall have no right to collect the seigniorage fee from any persons/companies who are not the quarry lease holders. The Authorised Agent shall also be entitled to collect the seigniorage fee from all the new leases granted and executed for the specified Minor Minerals during the currency of the Agreement period. He, however, does not have any right for any type of compensation arising out of non-working of the quarries, and due to expiry, lapse, determination cancellation etc., of the leases. (20) The Additional amount of seigniorage fee over and above the rates in force as on the day of notification of the auction notice due to revision of rates of seigniorage fee made from time to time shall be paid by the lessee directly to the Government and the authorised agent shall not have any claim for such payment. (21) The Director shall have the power to cancel at any time the sealed tender-cum- public auction conducted under Rule 10-A(2) and the confirmation issued by the Deputy Director concerned under Rule 10-D, if the Director feels that the publicity, participation and the amounts knocked down are not satisfactory and also due to any other lapses. (22) Every tenderer/bidder shall be bound to observe the laws, rules, and regulations, instructions of the Mines and Geology Department and the Government that might be enforced during the currency of the leases of the privilege. (23) In case of any doubt as to be application of interpretation of the version of any of these condition the decision of the Government on the issue shall be final. (24) The leases for the specified Minor Minerals Sector wise are given as detailes below :.................... Sector
Sl. No. |
Name of the Mandal |
Name and address of the lessee |
Location & extent |
Name of the specified mineral |
Lease period |
Date of seigniorage fee as per schedule |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|
|
|
|
|
|
[Under conditions 2 of Annexure to Form A1 under Rule 10-B]
I ........................... S/o. .............................., R/o. ......................... aged about ........... years do hereby solemnly affirm and state as follows. That I have gone through the Sealed Tender-cum-Public Auction notice issued by .................................... and conditions laid down therein. I intend to obtain the right of collection of seigniorage fee through Sealed Tender-cum-Public Auction for the sector ...................... in ...................... District. If I am the successful Tenderer/Bidder and if it is knocked down in my favour, I declare and agree to abide :1. To pay the knocked down amount in four equal quarterly instalments.
2. To pay the sum equivalent to 25% of the knocked down amount within the immediate next two working days and to tender the same before the auctioning authority.
3. To furnish bank guarantee from any Scheduled Bank for the balance 75% of the knocked down amount and pay the security deposit of 2% of the knocked down amount subject to the minimum of Rs. 1000/- and maximum of Rs. 25,000/- and to execute the agreement with Assistant Director of Mines and Geology concerned in Form M on or before the date mentioned in confirmation orders. To pay the balance 75% of knocked down amount in three quarterly instalments each by atleast 15 days before the end of the preceedings quarter.
4. In case of negligence of my part to execute the lease deed in time and to pay the quarterly instalments as per Schedule, I accept for any action taken by concerned authority to cancel the Sealed Tender-cum-Public Auction or terminate the agreement as the case may be and to forfeit all sums paid along with the amount guarantee by the bank.
5. To abide by the additional conditions if any imposed by the authority competent to do so and
6. To abide by the decision of the Government of Andhra Pradesh in case of any doubt as to the application or interpretation of the versions of any of the conditions or provisions of Mines Act and the Rules made thereunder.
7. I declare that I hold/do not hold any licence or lease under any of the Mineral Concession Rules not in debt to the Department of Mines and Geology.
8. I declare to abide by the provisions of the Andhra Pradesh Minor Mineral Concession Rules, 1966.
Sworn and signed before me on .......... this ......... date of ..... 199 ... NotaryDeponent
Attested
Applications For Issue of Hall Ticket
(Under Condition 2 of Annexure to Form 'A-I' under Rule 10-B)
1. Name and present address of the applicant (in block letters) :
2. Name and permanent address of the applicant (in block letters) :
Note: - In case of partnership firm the partnership bond should be produced for participating in the auction.
3. Age of the Applicant (persons of 18 years below not eligible) :
4. [Sector/Sectors] for which he intends to participate in the auctions :
5. Affidavit in the prescribed Form on a Nonjudicial stamped paper worth [Rs. 25/-] enclosed or not:
6. No. and date of Bank Draft/Banker's Cheque obtained from any Scheduled Bank for an amount equivalent to 10% of the minimum bid :
7. Particulars of leases if any held under different mineral Concessions :
8. Mineral Revenue Dues Clearance Certificate in Form 'H' enclosed or not :
Income-Tax Clearance Certificate enclosed or not:9.(a) Has he been convicted for any penal offence or any offence under MM (R&D) Act, 1957 :
(b)Has he been debarred earlier in participating auctions or to obtain leases under different Mineral Concessions :
10. Whether agreed to pay a sum equivalent to 25% of the [knocked down amount] along with next two working days from the day of auctions and to furnish Bank Guarantee valid for one year for the remaining 75% of the amount within the prescribed time in the confirmation order.
[11. Sealed Tender enclosed or not]
I stated that the particulars furnished above are true to the best of my knowledge. I hereby undertake that the deposit made by me may be forfeited to the Government if the information furnished above is proved to be incorrect. Place :Signature of the Applicant
Hall Ticket
(Under Condition 2 to the Annexure to Form A-1 under Rule 10-B)
Serial No :Office of the
Assistant Director of Mines & Geology
Signature of the Issuing Authority.
Tender Form
[See Rule 10-C]
1. Name in Block Letters :
2. Father's Name :
3. Present Address :
4. Permanent Address :
5. Occupation :
6. Details of Sector and Minerals specified as per notification :
7. Offered Amount
(a) In figures
(b) In words
I hereby declare that I am aware of the particulars furnished in regard to the right of collection of seigniorage fee for the minerals specified in the sector as per the auction notification in response to which I am submitting the Tender. I further declare that I am also fully aware of all the rules in regard to the right of collection of seigniorage fee. I hereby undertake to abide by the provisions of the A.P. Minor Minerals Concession Rules, 1966.Signature
(Name in Block Letters)
Note: - 1. This tender is to be submitted in a sealed cover in person or by Registered Post acknowledgement due through his power of Attorney holder and acknowledgement obtained.
2. Application with the enclosures as required under condition (2) under Annexure to Form A ; should accompany the sealed cover.
3. The competent authority shall not be responsible for the loss in the postal transit or the delay in receipt of the sealed covers.
Form B
Application Form
[See Rule 9]
To(1) Name of applicant.
(a) Profession.
(b) Residence.
(c) Permanent address.
(2) Description of the area applied or :
(a) Situation and boundaries.
(b) Revenue Survey Nos. or Block No. (in case of Reserve Forest).
(c) Area.
(3) Name of mineral to be quarried.
(4) Purpose for which it is to be used.
(5) Enclosures.
(i) A copy of the village map which is not in less scale than the village map showing the area applied for.
(ii) A mineral dues clearance certificate prescribed in Form 'H'. In case the applicant does not hold any licence for lease under any of the Mineral Concession Rules, he shall submit a declaration to this effect in the form of an affidavit.
I/We declare that above particulars are correct and request that a quarry lease may kindly be granted. Place :Yours faithfully,
Form-B-I
Form C
Quarterly Return for Lessee
[See Rule 28(3)]
For quarter ending .............................(1) Location of the Quarry :
(i) Land Survey Nos. :
(ii) Village :
(iii) Taluq :
(iv) District :
(2) Name of Lessee :
(3) Name of mineral quarried :
(4) Quantity of mineral :
(i) Excavated :
(ii) Exported by Rail :
(iii) Sold locally :
(5) Average price of mineral :
(i) At the quarry site :
(ii) At the railway station :
(6) Average number of persons employed :
(i) At the quarry site :
(ii) At the railway station :
(7) Number of accidents :
(i) Serious :
(ii) Fatal :
Place :Signature
Designation
Monthly Return to be submitted by the Authorised Agent
[Sub-Rule (iv) of Rule 10-I]
S.No. |
Name and Address of the lessee |
Location extent of the lease |
Name of the Mineral |
Quantity for which permit issued |
Amount paid towards permitted quantity |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Form-D
Register of Quarry Lease and Periodical Returns for Assistant Director
[See Rules 34/38]
S.No. |
Name applicant |
Applicant's address |
Situation and boundaries of the land applied for |
Area of the said land |
Name of the mineral for which the quarry lease is granted |
Date of grant ot the lease |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
||||||
Period for which the lease is granted or renewed |
Amount of quarrying fee |
Amount of seigniorage fee |
Amount of security deposit |
Particulars of refund of security deposit |
Date of transfer of the lease if any and the name of the transferee |
Remarks |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
Form-E
Form of Demand, Collection and Balance Statement in respect of Quarry Leases (Minor Minerals)
[See Rule 38]
Quarrying FeeSeigniorage Fee
Serial number |
Name of the village |
Survey number |
Area of the land where the mineral is worked |
Description of the mineral worked |
Name of the lessee or the patta land agreement holder |
Balance at the end of the last half year |
Total demand |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
Amount collected during the half year |
Balance |
Balance at the end of last half year |
Demand for the half year |
Total demand |
Amount collecteduring the half year |
Balance |
Remarks |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
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Form-F
Form of Report
[See Rule 30]
1. Name and situation of the quarry.
2. Name of mineral worked.
3. Name and postal address of Owner.
4. Name and postal address of Manager.
5. Depth of the quarry measured from its highest to its lowest point.
6. Number of persons employed in the quarry.
7. Whether explosives are used in the quarry.
8. The general condition of the mines as to safety working
9. Whether underground workings have been made or are likely to be made.
10. The date on which the mine was opened (for new mines only.)
Place :Form-G
[See Rule 8]
Form of lease (minor minerals) to private persons
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2. These are included in the said demise and for the purposes thereof following liberties: -
(1) To get from the said demised pieces of land.
(2) For the purpose aforesaid to use any water in or under the said demised pieces of land and to divert the same and to make or construct any water courses or ponds so however that nothing shall be done in the exercise of this authority which shall interfere with the rights of any adjoining owners of the tenants or the lessors in respect of such water.
(3) Generally to do all things which shall be convenient or necessary for getting the ......... and material hereby authorised to be got and for removing and disposing thereof as aforesaid.
3. These are excepted and reserved to the lessor out of this demise:-
(1) All earth minerals and other substances not hereinbefore expressly authorised to be got from the demised pieces of land by the lessee.
(2) Liberty for the lessor or other persons authorised by him to search for work, get, carry away and dispose of the excepted minerals and other substances and for such purposes to have the right of ingress, egress and regress over the said demised pieces of land and to make erect and use all pits, machinery, buildings, roads and other necessary works and conveniences provided that the rights hereby reserved shall be exercised in such a way as to cause as little obstruction as possible to the lessee in the use and enjoyment of its rights hereunder and that reasonable compensation for damages caused by any such obstruction shall be paid to the lessee the amount thereof in case of difference to be settled by arbitration as hereinafter provided.
4. The said demised pieces of land shall be held by the lessee for the term of ...... years from the ....... day ....... 19 ..... to the ......... day of ......... 19 .......... determinable as hereinafter provided.
5. The lessee hereby agrees to pay during the said term the following [***] dead rent and seigniorage fee whichever is higher and also all cesses which may, from time to time, be imposed by the Government:-
(1) The yearly [***] dead rent of Rs. ....... in respect of the said demised pieces of land.
(2) A seigniorage fee of Rs. ...... in respect of the said demised pieces of land.
6. The lessor may, during the currency of the lease, vary the rate of [***] dead rent and the seigniorage [***].
7. It is hereby agreed and declared that in regard to the said [knock down amount] dead rent and seigniorage fee the following conditions shall be observed by the lessee.
(i) The said dead rent of Rs. ........ shall be paid without any deduction on the ........ day of ..... 19 ...... in every year in advance.
(ii) The said seigniorage fee of ....... per ...... shall be paid before the same is removed from the said demised pieces of land.
8. The lessee hereby covenants with the lessor as follows ;
(1) To pay the [knock down amount] dead rent and seigniorage fee on the days and in manner aforesaid.
(2) To bear, pay and discharge all existing and future rates, taxes, assessments, duties, impositions, outgoings and burdens whatsoever imposed or charged upon the demised pieces of land or the produce thereof or the bid amount, dead rent and seigniorage fee hereby reserved or upon the owner or occupier in respect thereof or payable by either in respect thereof except such charges or impositions as the lessee is or may hereinafter be by law exempted from.
(3) Before digging or opening any part of the said demised pieces of land for ....... carefully to remove the surface soil to a depth of at least ..... metres and lay aside and store the same in some convenient part of the said demised pieces of land until the land from which it has been removed is again restored to a state fit for cultivation as hereinafter provided.
(4) To effectually fence off the said demised pieces of land from the adjoining lands and to keep the fences in good repair and conditions.
(5) Not to assign, underlet or part with the possession of the demised land or any part thereof without the written consent of the lessor first obtained. [A quarry lease granted by sealed tender-cum-public auction for sand is not open for transfer.]
(6) After working out any party of the said demised pieces of land forthwith to level the same and replace the surface soil thereof and slope the edges, where necessary, so as to afford convenient connection with the adjoining land.
(7) That the lessee shall keep correct accounts, in such form as the Assistant Director of Mines and Geology concerned shall, from time to time, require and direct showing the quantities and other particulars of the said mineral obtained by the lessee from the said lands and also the number of persons employed in carrying on the said quarrying operations therein and shall, from time to time, when so directed by the Assistant Director of Mines and Geology concerned prepare and maintain complete and correct plans of all quarries and workings in the said lands and shall allow any officer thereunto, authorised by the lessor from time to time and at any time, to examine such accounts and any such plans and shall, when so required, supply and furnish to the lessor all such information and returns regarding all or any of the matters aforesaid as the lessor shall, from time to time, require and direct.
(8) That if in the course of quarrying any mineral not specified in the lease is discovered the lessee or registered holder shall at once report such discovery to the Assistant Director of Mines and Geology concerned who shall obtain orders of the Government regarding the working of the same.
(9) That the lessor's agents, servants and workmen shall be at liberty at all reasonable times during the said term, to inspect and examine the works carried on by the lessee under the liberties hereinbefore granted and the lessee shall and will, from time to time, and at all times during the said term hereby granted conform to observe all orders and regulations which the lessor or his authorised agent as the result of such inspection may from time to time see fit to impose to keep the lands in good and substantial repair, order and condition or in the interest of public health and safety.
(10) The lessee shall without delay send to the Assistant Director of Mines and Geology a report of any accident involving the death or injury to any person which may occur in or about the quarry and shall observe all rules for the time being in force regulating the working of quarries.
(11) That the lessee shall not without the express sanction in writing of the said Assistant Director of Mines and Geology cut down or injure any timber or trees on the said lands but he may clear away brushwood or undergrowth which interferes with any operations authorised by these presents on payment of due compensation for cutting or injuring trees growth in the said lands to the departments concerned.
(12) That wherever necessary, pay to the person concerned, compensation for any loss or damage which may be caused by the lessee to the surface of the demised pieces of land or to anything growing or situated therein in exercise of the rights granted and shall not commence operations until such compensation has been paid. The lessee shall further always keep the lessor indemnified against any claim by any person for any loss or injury caused to him or to his property by lessee. The Deputy Director shall be the competent authority to assess and fix any compensation payable by the lessee for any loss or injury done to him or his property.
(13) That if required by the Assistant Director of Mines and Geology, erect and maintain at his own expense, boundary pillars of subsistant material standing not less than three feet above the surface of the ground at each corner or angle in the line of the boundary of the area leased to him and at intervals of not more than three metres along the boundary, as delineated in the plan attached to the lease deed.
(14) If any mineral not specified in the lease deed or agreement is discovered, the lessee or the registered holder shall not win or dispose of such mineral without obtaining the permission of 1[the Director of Mines and Geology] and without payment of the seigniorage fee and the acreage assessment. If lessee or the registered holder fails to intimate [the Director of Mines and Geology] the discovery of such new minerals and obtain his permission within a period of thirty days from the date of the working of the mineral is begun, the Director of Mines and Geology or Deputy Director of Mines and Geology may levy enhanced seigniorage fee and acreage assessment.
(15) The lessee or the registered holder shall strengthen and support to the satisfaction of any Railway Administration concerned or the State Government as the case may be, any part of the quarry which in the opinion of the Railway Administration or as the case may be, the State Government requires such strengthening or support for the safety of any railway, reservoir, canal, road or any other public works or structures.
(16) That this lease may be terminated in respect of the whole or any part of the premises by six months notice in writing on either side.
(17) That on such determination the lessee shall have no right to compensation of any kind.
(18) That the [knock-down amount]/dead rent and seigniorage fee payable under these presents shall be recoverable under the provisions of the Revenue Recovery Act, 1864 thereof.
(19) That the determination of the tenancy to deliver up the demised land in such condition as shall be in accordance with the provisions of these presents save that lessee shall if so required by the lessor restore in manner provided by the foregoing covenant in that behalf the surface or any part of the land which has been occupied by the lessee for the purpose of the works hereby authorised and has not been so restored.
(b) The lessee further shall take all precautionary measures in conducting mining operations as per the relevant stipulations made under Mettalliferrous Mines Regulations, 1961.
(c) If the lessee violates the provisions as stipulated above and having confirmation from the Department concerned necessary action shall be taken for cancellation of the lease, by giving an opportunity.]
9. The lessor hereby covenants with the lessee that on the lessee paying the [knock down amount] dead rent and seigniorage fee hereby reserved and that on observing and performing the several covenants and stipulations herein the lessee shall peaceably hold and enjoy the demised pieces of land and the liberties and powers hereby demised and granted during the said term without any interruption by the lessor or any person rightfully claiming under or in trust for him.
[(9A). Government reserves the right, -
(i) to cancel the quarry lease granted and executed under these rules after giving a previous notice;
(ii) to prohibit quarrying operations in part or the whole of the area under lease with recorded reasons.]
10. It is hereby expressly agreed as follows:-
(1) If any part of the [knock-down amount] dead rent and seigniorage fee hereby reserved shall be unpaid for thirty days after becoming payable (whether formally demanded or if the lessee while the demised pieces of land or any part thereof remain vested in him shall become insolvent or if any covenant on the lessee's part herein contained shall not be performed or observed them and in any of the said case it shall be lawful for the lessor at any time thereafter to declare to whole or any part of the said security deposit of Rs. ....... to be forfeited and also to reenter upon the demised pieces of land or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the lessor in respect of any reach or non-observance of the lessee's covenants herein contained.
(3) If the lessee shall have paid the [knock-down amount] dead rent and seigniorage fee and duly observed and performed the covenants and conditions on his part herein contained the said deposit of Rs. ....... shall be returned to him at the expiration of the said term of ...... years.
(4) If any question of difference or dispute shall arise between the parties hereto or any persons claiming under them respectively concerning the [knock-down amount] dead rent and seigniorage fee hereby reserved or touching the construction of any clause herein contained or the rights, duties or liabilities of the parties hereunder or in any other way touching or arising out of these presents the same shall be referred to the Director of Mines and Geology whose decision thereon shall be final and binding on the parties thereto.
In witness whereof...... Assistant Director of Mines and Geology of....... acting for and on behalf of and by order and direction of the Government of Andhra Pradesh the lessee have hereto set their hands the day and year first above writing.The Schedule
Name of Taluk |
Name of Village |
Survey field |
Extent Nos. |
Assessment |
Boundaries North, South West and East |
1 |
2 |
3 |
4 |
5 |
6 |
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[See Rule 9-I(2)]
Form of Sand Lease Agreement to Private Persons
This indenture made the .............. day of ................. between the Government of Andhra Pradesh (hereinafter called the "Lessor" which expression shall where the context so admits, include his successors in office and assigns) of the part and ............. (hereinafter called the "Lessee" which expression shall where the context so admits include his heirs, executors, administrators, representatives and assigns) of the other part. |
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2. These are included in the said demise and for the purposes thereof following liberties:-
I. To get from the said demised pieces of land.
II. For the purpose aforesaid to use any water in or under the said demised pieces of land and to divert the same and to make or construct any water courses or ponds so however that nothing shall be done in the exercise of this authority which shall interfere with the rights of any adjoining owners or tenants or the lessors in respect of such water.
III. Generally to do all things which shall be convenient or necessary for getting the ordinary sand and material hereby authorized to be got and for removing and disposing thereof as aforesaid.
3. There are excepted and reserved to the lessor out this demise:-
I. All minerals and other substances not hereinbefore expressly authorized to be got from the demised pieces of lands by the lessee.
II. Liberty for the lessor or other persons authorized by him to search for, work, get, carry away and dispose of the excavated minerals and other substances for such purposes to have the right of ingress, egress and regress over the said demised pieces of land and to make, erect and use all pits, machinery, buildings, roads and other necessary works and conveniences provided that the rights hereby reserved shall be exercised in such a way as to cause as little obstruction as possible to the lessee in the use and enjoyment of its rights hereunder and that reasonable compensation for damages caused by any such obstruction shall be paid to the lessee the amount thereof in case of difference to be settled by arbitration as hereinafter provided.
4. The said demised pieces of land shall be held by the lessee for the term of ................ year from the ............ day to the ............... day of ............... determinable as hereinafter provided.
5. The lessee hereby agrees to pay during the said term the knocked down amount along with 20% enhancement towards second year lease amount along with I.T. prevailing 45 days before the expiry of the 1st year lease period. In respect of registered Boatsman Co-operative Society who remove and carry sand by Boats shall pay the knocked down amount in four equal quarterly instalments 15 days before the commencement of the quarter.
6. The lessee hereby covenants with the lessor as follows:
I. To pay the knocked down amount / Seigniorage fee / Dead rent on the days and in manner aforesaid.
II. To bear, pay and discharge, all existing and future rates, taxes, assessments, duties, impositions, outgoing and burdens whatsoever imposed or charged upon the demised pieces of land or the produce thereof or the knocked down amount hereby reserved or upon the owner or occupier in respect thereof or payable by either in respect thereof except such charges or impositions as the lessee is or may hereinafter be by law exempted from.
III. Should any rent, knocked down amount or other sum due to the State Government under the terms and conditions of these presents be not paid by the lessee / lessees within the prescribed time, the same may be recovered with simple interest due thereon at the rate of 24% per annum on a certificate of such officer as may be specified by the State Government by General or specific order in the same manner as arrears of land revenue.
IV. Before digging or opening any part of the said demised pieces of land for ordinary sand carefully to remove the surface soil to depth of at least ................... meters and lay aside and store the same in some convenient part of the said demised pieces of land until the land from which it has been removed is again restored to a State fit for cultivation as hereinafter provided.
V. To effectually fence off the said demised pieces of land from the adjoining lands and to keep the fences in good repair and conditions.
VI. A quarry lease granted by sealed tender-cum-public auction for sand is not open for transfer.
VII. After working out any part of the said demised pieces of land forthwith to level the same and replace the surface soil thereof and slope the edges, where necessary, so as to afford convenient connection with the adjoining land.
VIII. That the lessee shall keep correct accounts in such form as the ADM&G concerned shall from time to time require and direct, showing the quantities and other particulars of the said mineral obtained by the lessees from the said lands and also the number of persons employed in carrying on the said quarrying operations therein and shall from time to time, when so directed by the ADM&G concerned prepare and maintain complete and correct plans of all quarries and workings in the said lands and shall allow any officer thereunto, authorised by the lessor from time to time and at any time, to examine such accounts and any such plans and shall, when so required, supply and furnish to the lessor all such information and returns regarding all or any of the matters aforesaid as the lessor shall from time to time, require and direct.
IX. That if in the course of quarrying any mineral not specified in the lease is discovered the lessee or registered holder shall at once report such discovery to the ADM&G concerned who shall obtain orders of the Government regarding the working of the same.
X. That the lessor's agents, servants and workmen shall be at liberty at all reasonable times during the said term, to inspect and examine the works carried on by the lessee under the liberties hereinbefore granted and the lessee shall and will, from time to time, and at all times during the said term hereby granted conform to observe all orders and regulations which the lessor or his authorized agent as the result of such inspection may from time to time see fit to impose, to keep the lands in good and substantial repair, order and condition or in the interest of public health and safety.
XI. That lessee shall without delay send to the ADM&G report of any accident involving the death or injury to person which may occur in or about the quarry and shall observe all rules for the time being in force regulating the working of quarries.
XII. That the lessee shall not without the express sanction in writing of the said ADM&G concerned cut down or injury any timber or trees on the said lands but he may clear away brushwood or under growth which interfered with any operations authorized by these presents on payment of due compensation for cutting or injuring tree growth in the said lands to the departments concerned.
XIII. That wherever necessary, pay to the person concerned, compensation for any loss or damage which may be caused by the lessee to the surface of the demised pieces of land or to anything growing or situated therein in exercise of the rights granted and shall not commence operations until such compensation has been paid. The lessee shall further always keep the lessor indemnified against any claim by any person for any loss or injury caused to him or to his property by lessee. The District Level Committees shall be the competent authority to assess and fix any compensation payable by the lessee for any loss or injury done to him or his property.
XIV. That if required by the ADM&G the lessee erect and maintain at his own expense, boundary pillars of substantial material standing not less than of three feet above the surface of the ground at each corner or angle in the line of the boundary of the area leased to him and intervals at not more than three metres along the boundary, as delineated in the plan attached to the lease deed.
XV. If any mineral is not specified in the lease deed or agreement is discovered, the lessee or the registered holder shall not win or dispose of such mineral without obtaining the permission of the Government and without payment of the Seigniorage Fee and the acreage assessment. If lessee or the registered holder fails to intimate the Government the discovery of such minerals and obtain their permission within a period of thirty days from the date of working of the mineral is begun, the Government may levy enhanced Seigniorage Fee and acreage assessment.
XVI. The lessee or the registered holder shall strengthen and support to the satisfaction of any Railway Administration concerned or the State Government, as the case may be, any part of the quarry which in the opinion of the Railway Administration or as the case may be, the State Government requires such strengthening or support for the safety of any railway, reservoir, canal, road or any other public works or structure.
XVII. The lessee should make use of authorized ramps and paths only for transportation of sand from the quarry and not open any new ramps or paths, without permission of the authorities/pattadars concerned.
XVIII. That this lease may be terminated for violation of conditions of lease as mentioned in Rule 9(B) to 9(z).
XIX. That on such determination the lessee shall have no right to compensation of any kind.
XX. The knocked down amount / Dead Rent and Seigniorage Fee payable under these presents shall be recoverable under the provisions of the Revenue Recovery Act, 1864 thereof.
XXI. That the determination of the tenancy to deliver up the demised land in such condition as shall be in accordance with the provisions of these presents save that the lessee shall if so required by the lessor restore in manner provided by the foregoing covenant in that behalf of the surface or any part of the land which has been occupied by the lessee for the purpose of the works hereby authorized and has not been so restored.
XXII. The lessee shall charge the price for sand at the pit head as fixed by the District level committee, before notification.
XXIII. The lessee shall abide by all the conditions and statutory provisions under Mines and Minerals (Development and Regulation) Act, 1957, and rules made thereunder viz., Andhra Pradesh Minor Mineral Concession Rules, 1966, Andhra Pradesh Mineral Dealers Rules, 2000, Mines Act, 1952, Miners and Metalliferrous Regulations, 1961, and Andhra Pradesh Water Land and Trees Act, 2002 and other State and Central Act and Rules and instructions which are applicable.
XXIV. The lessee shall have no claims for any compensation due to floods or heavy rains or any other situation and extension of the lease period shall not be granted under any circumstances.
7.1. The Lessor hereby covenants with the lessee paying the knocked down amount / Dead Rent and Seigniorage Fee hereby reserved and that on observing and performing the several covenants and stipulations herein the lessee shall peaceably hold and enjoy the demised pieces of land and the liberties and powers hereby demised and granted during the said term without any interruption by the lessor or any person rightfully claiming under or in trust for him.
II. The Government reserves the right to cancel the Quarry Lease granted and executed under these rules after giving due notice.
III. The Government can prohibit quarrying operations in part or whole of the area under lease with recorded reasons.
IV. Whenever ground water affect is noticed, safety of the structure is affected due to sand quarrying by the lease holder, the Government shall issue prohibitory orders banning sand quarrying in consultation with Ground Water Department and with the concerned Assistant Director of Mines and Geology and the local bodies as the case may be.
8. It is hereby expressly agreed as follows:
I. If any part of the knocked down amount / Dead Rent and Seigniorage Fee hereby reserved shall be unpaid after becoming payable (whether formally become demanded or if the lessee while the demised pieces of land or any part thereof remain vested in him shall become insolvent or if any covenant on the lessee's part herein contained shall not be performed or observed by them and in any of the said case it shall be lawful for the lessor at any time thereafter to declare to whole or any part of the said security deposit of Rs. ................ to be forfeited and also to re-enter upon the demised pieces of land or any part thereof in the name of the whole and thereupon this demise shall absolutely determined but without prejudice to the right of action of the lessor in respect of any breach or non-observance of the lessee's covenants herein contained.
II. At the expiry of determination of the lease the lessee shall be at liberty to remove, carry away machinery and all plant articles and things whatsoever (not being building or bricks or stone) within one month or extended period granted by Government after paying bid amount and Seigniorage and other sums which may be due and performing and observing the covenants on his part hereinafter reserved and contained and also making good any damages done by such removal but not buildings which shall be erected on the said demised piece of land by the lessee and left thereon at the determination of the lease land shall be the absolute property of the lessor who shall not pay any price for the same.
III. No movement of sand shall be allowed across the border to the neighbouring State.
IV. No quarrying of sand will be done with machinery / poclains or any other machinery for digging / loading.
V. The sand required for Weaker Section Housing Programme shall be supplied free of cost at pit head by the bidder / tenderer and is exempted from payment of Seigniorage Fee on certificate issued by the District Collector or any other Officer nominated by him.
VI. Sand transported through Bullock Carts and Animals shall be exempted from payment of Seigniorage Fee.
VII. The Government shall have the powers to either suo motu or on complaint cancel the confirmation bid at any stage in such case the bid amount equivalent to the possession held by the bidder will only be collected.
VIII. If the lessee paid the knocked down amount / Dead Rent and Seigniorage Fee and duly observed and performed the covenants and conditions on his part herein contained the said deposit of Rs. ............... shall be returned to him at the expiration of the said term of ......... years.
IX. The Way bill for transporting sand shall be in the "Form S-5". The way bills will be issued proportionate to the knocked down bid amount by calculating Seigniorage Fee as specified in the Schedule-1 of Rule 10 of Andhra Pradesh Minor Mineral Concession Rules, 1966. The bidder is liable to pay Seigniorage Fee additionally and obtain permits for the quantities exceeding the proportionate bid amount.
X. If any question of difference or dispute shall arise between the parties hereto or any person or persons claiming under them respectively concerning the knocked down amount/Dead Rent and Seigniorage Fee hereby reserved or touching the construction of any clause herein contained or the rights, duties or liabilities of the parties hereunder or in any other way touching or arising out of these presents the same shall be referred to the Government whose decision thereon shall be final and binding on the parties thereto.
XI. Removal of sand in patta lands: It is the responsibility of the bidder to obtain the consent of the Pattadar in respect of any area on the land abutting the river, streams etc. which is classified as patta land. The Pattadar, who is claiming the ownership of the land shall produce valid documents and also certificate issued by the concerned Mandal Revenue Officer.
In witness hereof ............... ADM&G of ................ acting for and on behalf of and by order and direction of the Governor of Andhra Pradesh the lessee have hereto set their hands the day and year first above writing.The Schedule
Name of Mandal / Reach Name of the Mandal |
Location Boundaries North, South, West & East |
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Lessor
Witness: 1) 2)Form 'H'
Mineral Dues Clearance Certificate
1. Name and style of the company, firm, Hindu undivided family or individual in which the applicant/bidder/tenderer is assessed or assessable to mineral revenue and address for the purpose of assessment.
2. The place, taluk and district in which the applicant/bidder/tenderer is assessed to mineral revenue.
3. The following particulars shall be furnished concerning mineral revenue assessment for the preceding four years.
(a) The total correct amount received during the preceding four accounting years: -
(Total mining dues assessed)
(1) Seigniorage fee/Bid amount/Cesses. (in the case of minor minerals)
(2) Royalty/Dead Rent/Surface Rent. (in the case of major minerals)
(Mining dues demanded)
(1) Seigniorage fee/Bid amount/Cesses. (in the case of minor minerals)
(2) Royalty/Dead Rent/Surface Rent/Mineral Right Tax/Cesses. (in the case of major minerals)
(Balance dues)
(1) Seigniorage Fee/Bid amount/Cesses. (in the case of minor minerals)
(2) Royalty/Dead Rent/Surface (in the case of major minerals)
Rent/Mineral Right Tax/Cesses
(b) In case there has been no mineral revenue assessment in any year, it must be stated clearly with reasons therefor.
(c) It must be declared whether any attachment or certificate proceedings are pending in respect of the arrears.
(d) The name and address of branch(es) if any.
I, declare that the above information is correct and complete to the best of my knowledge and belief. Signature of the Applicant/Bidder/Tenderer. Address:Signature of the Issuing Authority.
(Should be submitted in triplicate)
Model form of application for appeal/revision under Rule 35 or 35-A
[See Rule 35-C]
1. Name and address of individual(s), firm or company, applying.
2. Profession of individual(s), firm or company.
3. No. and date of order of the ADMG/DDM & G/DMG, against which the appeal/revision application is filed (copy attached).
4. Minor Mineral or Minor Minerals for which the revision application is filed.
5. Details of the area in respect of which the revision application is filed.
District |
Taluk |
Village |
S.No. and total area claimed |
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(A map or plan of the area(s) to be attached).
6. Whether application fee has been deposited in the manner prescribed in sub-rule 35-B read with Rule 35-C(i) if so, the Treasury receipt in original should be attached.
7. Whether the appeal/revision application has been filed within time specified in Rule 35/35-A, if not, the reasons for not presenting it within the prescribed limits as provided for in rules.
8. Name and complete address of the party/parties impleaded, under Rule 35-C of A.P.M.M.C. Rules, 1966.
9. No. of copies of petitions/applications attached (Rule 35-C(4) A.P.M.M.C. Rules, 1966).
10. Grounds of appeal/revision.
11. If the appeal/revision application has been filed by the holder of Power of Attorney, the Power of Attorney to be attached.
Place:Signature of the Applicant.
[Should be submitted in triplicate]
Model Form of Application for Appeal/Revision under Rule 9-H
1. Name and address of individual(s), firm or company, applying.
2. Profession of individual(s) firm or company.
3. No. and date of the order against which the revision application is filed (copy attached).
4. Minor Mineral or Minor Minerals for which the appeal / revision application is filed.
5. Details of the area in respect of which the appeal / revision application is filed.
District |
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Reach / Mandal |
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6. Whether the application fee has been deposited in the manner prescribed in Rule 9-GH(7), if so, the Treasury Receipt in original should be attached.
7. Whether the appeal / revision application has been within time specified in Rule 9-H(7), if not, the reason for not presenting it within the prescribed limits as provided for in rules.
8. Name and complete address of the party / parties impleaded, under Rule 9-H of APMMC Rules, 1966.
9. No. of copies of petition / applications attached under Rule 9-H of Andhra Pradesh Minor Mineral Concession Rules, 1966.
10. Grounds of appeal / revision.
Place:Signature of the applicant.
Application for issue of permit for despatch of Minor Minerals
[See Rule 34]
1. Name of the lessee :
2. Address:
3. Location of the quarry
4. Name of the Minor Mineral :
5. Quantity of the Minor Mineral in stock and the quantity proposed to be despatched:
6. Payment Particulars
(a) Challan No., date & amount :
(b) Name of the Treasury :
7. Route and Mode of Transportation:
8. Purpose of despatch of Minor Mineral (Own consumption or sale in case of sale, the name and address of the purchaser should be furnished):
9. Station of loading :
10. Destination of the Consignment with the name and address of the consignee.
11. Basic value of the minor mineral at pits head.
12. Date within which the applicant desires to despatch the quantity:
13. Other particulars which the applicant wishes.
I/We hereby certify that the particulars given above are correct and to the best of my/our knowledge and belief. Place:Signature of Lessee/Authorised Agent.]
Application for issue of permit for dispatch of Minor Minerals
[See Rule 10(5) and Rule 34(3)]
1. Name of the Industry:
2. Address
3. Location of the Industry
4. Name of the Minor Mineral utilized in the industry:
5. Quantity of the Minor Mineral in stock and proposed to be procured
Mineral |
Unit |
Stock at Unit |
Raw Material Proposed to be procured |
|
Raw |
Finished |
6. Payment Particulars:
(a) Challan No., Date and amount:
(b) Name of the Treasury
7. Route and Mode of Transportation of Raw Blocks:
8. Basic value of Finished Product at Industry Site.
9. Date with in which the applicant desires to dispatch the quantity:
10. Other particulars which the applicant wishes.
I/We hereby certify that the particulars given above are correct and to the best of my/our knowledge and belief. Place:Signature of the applicant/Authorized Agent.".
4. The Director of Mines and Geology shall review the entire system once in 3 months, to take stock of the situation at regular Intervals.
5. The Director of Mines and Geology, Hyderabad shall take necessary action to implement the recommendations made by the 2nd Administrative Reforms Commission in its Fourth Report titled "Ethics in Governance" relating to "Reducing Discretion".
6. The order issues with the concurrence of Finance (Expr. I&C) Department vide their U.O.No. 12770/221/Exp. I&C/09, dated 13.5.2009.]
Permit for despatch of Minor Mineral
[Under Rule 34]
Permit No ...................... Dated .....................
Permit is hereby granted to ................. to despatch ................... cubic metres of ............................ Minor Mineral from his/their .................. quarry lease situated in Survey No .................. of ................... village ............................ mandal and ........................ district in consideration of payment of a sum of Rs ......................... being the seigniorage fee on the said quantity, subject to the following conditions :1. The permit is valid for ................ from ......................... to ............................ and shall expire on ..............................
2. The permit is not transferable.
3. [***]
4. The permit shall be surrendered after the quantity noted therein is despatched to the Department within a week after the last consignment of despatch along with the despatch particulars by giving the details of the name of the consignee, the date of despatch etc.
5. Holder of the permit shall allow the executive staff and the officers of the Department of Mines and Geology to inspect, check and measure the minor minerals in all stages of movement.
6. The department has the right to claim amounts by way of difference of seigniorage fee based on the scrutiny of the sale documents and the check measurements, provided the excess quantity is not beyond 10% of the quantity mentioned in the documents. The excess quantity beyond 10% is liable for penalisation under [Rule 34 (1).]
6A. [***]
7. Failure to comply with any of the above conditions shall entitle withdrawal of the permit or cancellation of the same.
Issuing Authority
Permit for Dispatch of Minor Mineral
Under Rule 34(3)
Permit No ...................... Dated .....................
Permit is hereby granted to dispatch ........................... cubic meters of ........................... from any authorized quarry lease granted under the provisions of the Andhra Pradesh Minor Mineral Concession Rules, 1966 in consideration of payment of sum of Rs. ........................... being the seigniorage fee on the said quantity on slab system subject to the following conditions:1. The permit is valid for ................................................................................. from ............. to ................................. and shall expire on ........................ .
2. The permit is not transferable.
3. The permit shall be surrendered after the quantity noted there in is dispatched to the Department within a week after the last consignment of dispatch along with the dispatch particulars by giving the details of the name of the lease holders from whom the material is procured.
4. Holder of the permit shall allow the executive staff and the officers of the Department of Mines and Geology to inspect, check, and measure the minor minerals in all stages of movement.
5. The Department has the right to claim amounts by way of difference of seigniorage fee based on the scrutiny of the sale documents and the check measurements, provided the excess quantity is not beyond 10% of the quantity mentioned in the documents. The excess quantity beyond 10% is liable for penalization under [Rule 34 (1).]
6. Failure to comply with any of the above conditions shall entitle withdrawal of the permit and cancellation of the same.
Encl: Transit forms fromIssuing Authority.]
Form 'M'
Form of Agreement
[See Rule 10]
This indenture made this ........................ day of 199 ........ between the Governor of Andhra Pradesh (hereinafter called the "State Government" which expression shall where the context so admits, include his successors in Office and Assigns) of the One Part, and When Authorised Agent is an Individual : .................................. (Name of person with Address and Occupation) (hereafter referred to as the authorised Agent which expression shall where the context so admits to be deemed to include his respective heirs and legal representatives). When the Authorised Agents are more than one Individual: ..................................... (Name of the person with address and Occupation) (hereafter referred to as the authorised agents which expression shall where the context so admits to be deemed to include their heirs and Legal representatives). When The Authorised Agent is a Registered Firm : ...................... (Name and Address of Partner) Son of ........................... ............................................... all carrying business in partnership under the firm Name and Style of ................. (Name of the firm) Registered under the Indian Partnership Act, 1932 (9/1932) and having their Registered Office at .......................... in the Town of ......................... (hereafter referred to as the authorised agent which expression where the context so admits is deemed to include of the said partners their respective heirs Legal representatives and permitted assigns) of the other Part. Whereas the authorised agent has been granted in [Sealed Tendercum- Public Auction] by the State Government the rights of collection of seigniorage fee in respect of the Minor Minerals specified in the schedule from the area specified : therein and has paid the 25% of knocked down amount towards 1st instalment and has furnished the bank guarantee for the remaining 75% of the knocked down amount and has deposited with the Assistant Director of Mines and Geology .................................. of the sum of [Rs. ................] as security for the due and faithful performance by the authorised agent of the conditions on the Part of the authorised agent hereinafter contained. And whereas the State Government demised the area hereafter described for the term and [knocked down] amount and subject also to the conditions hereinafter contained, now this indenture witness as follows:- The State Government hereby permits the authorised agent to collect the seigniorage fee in respect of the Minor Minerals specified from the lease holders whose leases are situated in the village of .......................... in mandal ......................... and District of .......................... above more particularly described in schedule hereunder.Part - I
Mode of Payment of Knocked Down Amount
The authorised agent having paid the 1st instalment of the knocked down [***] amount before enter in the agreement shall pay remaining 3 quarterly instalments as detailed below : 2nd Instalment of Rs. ...................... on or before ...................... 3rd Instalment of Rs. ...................... on or before ...................... 4th Instalment of Rs. ...................... on or before ...................... The State Government shall have the power to terminate the agreement if the authorised agent falls to pay the instalments as above and to forfeit to the Government the amounts paid by the authorised agent and the amount guaranteed by Bank.Part - II
Liberties of the Authorised Agent
(2) To issue transit way bills to the lease holders including temporary permit holders after collecting the seigniorage fee.]
(3) To check the vehicles transporting specified minor minerals for the purpose of collection of seigniorage fee.
Part - III
Restrictions on the Authorised Agent
(2) The authorised agent shall not interfere with the quarrying operations or transportation of any Minor Minerals other than those specified under the schedule appended.
(3) The authorised agent shall not interfere with the [Mining] and transportation of any Major Minerals from the demised area.
(4) The authorised agent shall not interfere with the transportation of Minor Minerals specified in the schedule when they are quarried and transported from the leases situated outside the demised land and the transportation is covered by a valid despatch permit issued by competent authority having jurisdiction over the area from which the minor mineral was quarried.
(5) No building or thing shall be erected, set up or placed on any public ground or any place held sacred any class of persons or in such a manner as to injure pre-judicially effect any rights of other persons.
Part - IV
Liberties of the State Government
(1) The State Government shall have the liberty to grant the quarry leases in respect of the minor minerals specified in the schedule hereunder as per A.P.M.M.C. Rules, 1966.
(2) The State Government shall have the power to penalise any person indulged in illicit quarrying and transportation of minerals from demised area as per rules.
(3) The State Government shall have the power to terminate the agreement with the authorised agent if he violates the conditions specified in Part-III above.
Part - V
It is Hereby Expressly Agreed as Follows :(1) The authorised agent shall immediately inform to the Assistant Director of Mines and Geology concerned about any illicit quarrying of minor minerals noticed within the demised area.
(2) The authorised agent shall maintain correct account of the minor minerals consumed or despatched from the demised area and shall furnish the same to the department when asked for.
(3) The authorised agent shall make his own arrangements for collecting the seigniorage fee from the lessee and he shall not claim any compensation for any failure on his part in collecting the same.
(4) The Bank Guarantee furnished by the Authorised Agent for the 75% of the knocked down bid amount and the security deposit of [Rs. .......] shall be returned after the completion of the said term of one year. Provided that the authorised agent duly observed and performed the conditions on his part herein contained.
(5) If any question of difference or dispute shall arise between the parties here to or any person concerning the [knocked down] amount and seigniorage fee hereby reserved any of these presents, it shall be reserved to the State Government whose decision thereon shall be final and binding on the parties hereto.
In witness whereof ...................... Assistant Director of Mines and Geology ...................... acting for and on behalf of and by order and direction of Governor of Andhra Pradesh and the Authorised Agent have hereupto set their hands the day and year first above writing.The Schedule
Location of the demised area |
Minor Minerals |
|||
Village |
Mandal |
District |
Specified |
amount |
1 |
2 |
3 |
4 |
5 |
Application for Quarry Prospecting Licence for [granite and marble] To be submitted in triplicate
[See Sub-Rule (5) of Rule 12]
Dated .......... day ........ of ........20 ...
Received |
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|
|
2. A sum of Rs. 5000/- and DD for Rs. ....... being the fee in respect of this application and deposit respectively has been paid Vide Challan No.......... date .......... of the State Bank of India/Treasury ( ) DD No. ............. date ........... of .......... [any Nationalized Bank.]
3. The required particulars are given below:-
(i) Name of the applicant with complete address.
(ii) Is the applicant a private individual/private company/public company/firm or association?
(iii) In case applicant is:
(a) an individual, his nationality.
(b) A company, an attested copy of the certificate of registration of the company shall be enclosed.
(c) A firm or association, the nationality of all the partners of the firm or members of the association.
(iv) Profession or nature of business of applicant.
[v-a] No. and date of the valid clearance certificate of payment of mining dues [Copy attached].
[v-b] If on the date of application, the applicant does not hold a Prospecting Licence, it should be specified whether an affidavit to this effect has been furnished to the satisfaction of the State Government.
(vi) Details of [granite and marble] which the applicant intends to prospect.
(vii) Period for which the Prospecting Licence is required.
(viii) Extent of the area the applicant wants to prospect.
(ix) Details of the area in respect of which prospecting Licence is required.
District |
Mandal |
Village |
Sy.No. Plot No. |
Area |
|
|
|
|
|
(x) (a) Does the applicant have surface rights over the area for which he requires a prospecting licence? If so with relevant certified documents.
(b) If not, has he obtained the consent of the owner, and the occupier of the land for undertaking prospecting operations].
If so the consent of the owner and the occupier obtained in writing be filed. (in certified copies) N.B.: - The areas shall cover whole or recognized part survey numbers.(c) In case of forest areas, the name of the working circle, the range and felling series.
(d) For areas where no forest or cadestral maps are available, a sketch plan should be submitted on scale showing the area applied for together with boundary, if any, of any other existing quarrying lease or prospecting licence areas if the areas applied for has any common point or line with the boundaries of existing prospecting licence or quarrying lease areas.
(xi) The area applied for should be marked on plans as detailed below: -
(a) In case a cadestral map of the area is available the area on this map should be marked showing the name of the Village, Khasra
No. and areas in hectares of each field and part thereof. N.B.: - The area applied for shall cover whole survey numbers.(b) In the case of forest maps the area should be marked on the map showing the range and felling series.
(c) In case neither cadestral nor forest maps, are available, the area should be marked on a sketch plan drawn to scale showing on this plan all important surface and natural features, and dimensions of the lines forming the boundary of the area and the bearing and distance of all corner points from any important, prominent and fixed point or points].
(xiii) Particulars of the areas mineral-wise (in each State duly supported by an affidavit) for which the applicant or any person joint in interest with him.
(a) Already holds under prospecting licence.
(b) Has already applied for but not granted, or
(c) Being applied for simultaneously.
(xiii) Nature of joint in interest, if any.
(xiv) If the applicant intends to supervise the work, his previous experience of prospecting and mining should be explained, if he intends to appoint a manager, the name of such manager, his qualifications, nature and extent of his previous experience should be specified and his consent letter be attached.
(xv) Financial resources of the applicant.
(xvi) Particulars of receipted treasury challan and deposits attached for the amount referred to at 2 above.
(xvii) Any other particulars or sketch map which the applicant wishes to furnish.
I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details including accurate plans as may be required by you. Place:Yours faithfully
Signature and Designation of the Applicant.
Form - O
Form of Prospecting Licence of [granite and marble]
[See Rule 12(5)(e)]
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2. These are included in the said demise and for the purposes thereof following liberties: -
(i) To get from the said demised pieces of land.
(ii) For the purpose aforesaid to use any water in or under the said demised pieces of land and to divert the same and to make or construct any water courses or ponds so however that nothing shall be done in the exercise of this authority which shall interfere with the rights of any adjoining owners or the tenants of the Government, in respect of such water.
3. These are expected and reserves to the Government out of this demise.
(i) Liberty for the Government or other persons authorised by them to search for work, get and carry away the excepted minerals and other substances and for such purposes to have the right of ingress, egress and regress over the said demised pieces of land and to make erect and use all pits, machinery, buildings, roads and other necessary works and conveniences provided that the rights hereby reserved shall be exercised in such a way as to cause as little obstruction as possible to the licence in the use and enjoyment of its rights hereunder and that reasonable compensation for damages caused by any such obstructions shall be paid to the licensee the amount thereof in case of difference to be settled by arbitration as hereinafter provided.
4. The said demised pieces of land shall be held by the Licensee for the term of ........ years from the...... day of.....20.... to the......... day of ......20.... determinable as hereinafter provided.
5. The Licensee hereby agrees to pay during the said term a Prospecting fee of Rs. ......... per hectare together with Land Assessment, and Cesses thereon which may from time to time be imposed by the Government.
6. The Government may during the currency of the Licence, vary the rate of Prospecting fee.
7. It is hereby agreed and declared that the said Prospecting fee together with Land Assessment and Cess on Land Assessment shall be paid by the licensee at the time of execution of the Licence Deed and for the subsequent years one month in advance every year.
8. The Licensee is hereby covenants with the Government as follows:-
(i) To pay the Prospecting Licence fee on the days and in the manner aforesaid.
(ii) To bear, pay and discharge all existing and future rates, taxes, assessments, duties, impositions, outgoings and burdens whatsoever imposed or charged upon the demised pieces of land or the Prospecting fee hereby reserved or upon the owner or occupier in respect thereof or payable by either in respect thereof except such charges or impositions as the Licensee is or may hereinafter be by law exempted from.
(ii-A) Should any Prospecting fee or other sums due to the State Government under the terms and conditions of these presents be not paid by the Licensee within the prescribed time, the same may be recovered together with simple interest due there on at the rate of twenty four percent per annum on a certificate of such officer as may be specified by the State Government by general or special order in the same manner as on arrears of land revenue.
(iii) Before digging or opening any part of the said demised pieces of land for............ carefully to remove the surface soil to a depth of atleast ..........metres and lay aside and store the same in some convenient part of the said demised pieces of land until the land from which it has been removed is again restored to a state fit for cultivation as hereinafter provided.
(iv) To effectually fence off the said demised pieces of land from the adjoining lands and to keep the fences in good repair and conditions.
(v) Not to assign under let or part with the possession of the demised land or any part thereof without written consent of the Government first obtained.
(vi) After working out any part of the said demised pieces of land forthwith to level the same and replace the surface soil thereof and slope the edges, where necessary, so as to afford convenient connection with the adjoining land.
(vii) That the Licensee shall keep correct accounts, in such form as the Assistant Director of Mines & Geology concerned shall, from time to time, require and direct showing the quantities and other particulars of the said mineral obtained by the Licensee from the said lands and also the number of persons employed in carrying on the said Prospecting operations there in and shall, from time to time, when so directed by the Assistant Director of Mines & Geology concerned prepare and maintain complete and correct plans of all Prospecting operations conducted in the said lands and shall allow any officer thereunto, authorised by the Government from time to time and at any time, to examine such accounts and any such plans and shall, when so required, supply and furnish to the Government all such information and returns regarding all or any of the matters aforesaid as the Government shall from time to time require and direct.
(viii) That if the course of the Prospecting any mineral not specified in the licence is discovered the Licence or registered holder shall at once report such discovery to the Assistant Director of Mines & Geology concerned who shall obtain orders of the Director regarding the Prospecting of the same.
(ix) That the Governments agents, servants and workmen shall be at liberty at all reasonable times during the said term, to inspect and examine the works carried on by the Licensee under the liberties hereinbefore granted and the Licensee shall and will, from time to time, and at all times during the said term hereby granted confirm to observe all orders and regulations which the Government or an authorised agent as the result of such inspection may from time to time see fit to impose to keep the lands in good and substantial repair, order and condition or in the interest of public health and safety.
(x) The Licence shall without delay sent to the Assistant Director of Mines & Geology a report of any accident involving the death or injury to any person which may occur in or about the Prospecting Licence area and shall observe all rules for the time being in force regulating the working of Prospecting Licence.
(xi) That the Licensee shall not without the express sanction in writing of the said Assistant Director of Mines & Geology cut down or injure any timber or trees on the said lands but he may clear away brushwood or undergrowth which interferes with any operations authorised by these presents on payment of due compensation for cutting or injuring tree growth in the said lands to the departments concerned.
(xii) That wherever necessary, pay to the person concerned, compensation for any loss or damage which may be caused by the Licensee to the surface of the demised pieces of land or to anything growing or situated therein in exercise of the rights granted and shall not commence operations until such compensation has been paid. The Licensee shall further always keep the Government indemnified against any claim by any person for any loss or injury caused to him or to his property by the Licensee. The Deputy Director shall be the competent authority to assess and fix any compensation payable by the licensee for any loss or injury done to him or his property.
(xiii) That if required by the Assistant Director of Mines & Geology, erect and maintain at his own expense, boundary pillars of substantial material standing not less than three feet above the surface of the ground at each corner or angle in the line of the boundary of the area granted to him and at intervals of not more than three metres along the boundary, as delineated in the plan attached to the licence deed.
(xiv) If any mineral not specified in the Licence deed or agreement is discovered the Licensee or the registered holder shall at once report such discovery to the Assistant Director of Mines & Geology, to enable him to obtain the orders of the Director of Mines and Geology/Government for Prospecting of the same.
(xv) The Licensee or the registered holder shall strengthen and support to the satisfaction of any Railway Administration concerned or the State Government as the case may be, any part of the Prospecting Licence area which in the opinion of the Railway Administration or as the case may be, the State Government requires such strengthening or support for the safety of any railway, reservoir, canal, road or any other public works or structure.
(xvi) That this Licence may be terminated in respect of the whole or any part of the premises by six months notice in writing on either side.
(xvii) That on such determination the Licensee shall have no right to compensation of any kind.
(xviii) That the Prospecting fee payable under these presents shall be recoverable under the provisions of the Revenue Recovery Act, 1864 thereof.
(xix) That the determination of the tenancy to deliver up the demised land in such condition as shall be in accordance with the provisions of these presents save that the Licensee shall if so required by the Government, restore in the manner provided by the foregoing covenant in that behalf the surface or any part of the land which has been occupied by the Licensee for the purpose of the works hereby authorised and has not been so restored.
9. The Government is hereby covenants with the Licensee that on the Licensee paying the Prospecting fee hereby reserved and that on observing and performing the several covenants and stipulations herein, the Licensee shall peaceably hold and enjoy the demised pieces of land and the liberties and powers hereby demised and granted during the said term without any interruption by the Government or any person rightfully claiming under or in trust for him.
9A. Government reserves the right.
(i) To cancel the Prospecting Licence granted and executed under these rules after giving a previous notice.
(ii) To prohibit Prospecting operations in part or the whole of the area under Licence with recorded reasons.
10. It is hereby expressly agreed as follows:- (i) If any part of the Prospecting Fee hereby reserved shall be unpaid for 30 days for becoming payable (whether formally demanded or not) or if the Licensee while the demised pieces of land or any part thereof remain vested in him shall become insolvent or if any covenants on the Licensee's part herein contained shall not be performed or observed them and in any of the said case it shall be lawful for the Government at any time thereafter to declare the whole or any part of the said security deposit of Rs. ............. to be forfeited and also to reenter upon the demised pieces of land or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of actions of the Government in respect of any breach or non observance of the Licensees covenants herein contained.
(ii) At the expiry of the determination of the Licence, the Licensee shall be at liberty to remove and carry all Engines, Machinery, articles and other things whatsoever (not being building or bricks or stones) within one month or extended period granted by the Government after paying Prospecting fee and other sums which may be due and performing and observing the covenants on his part herein before reserved and contained and also making good any damages done by such removal but not building which shall be erected on the said demised piece of land by the Licensee and left there on at the determination of the Licence and shall be the absolute the Property of the Government who shall not pay any price for the same.
(iii) If the Licensee shall have paid the Prospecting Fee and duly observed and performed the covenants and conditions on his part herein contained the said deposit of Rs. ........... shall be returned to him at the expiration of the said term of...... years.
(iv) If any question of difference or dispute shall arise between the parties hereto or any persons claiming under them respectively concerning the Prospecting Fee hereby reserved or touching the construction of any clause herein contained or the rights, duties or liabilities of the parties hereunder or in any other way touching or arising out of these presents the same shall be referred to the Director of Mines and Geology whose decision thereon shall be final and binding on the parties thereto.
In witness whereof............. Assistant Director of Mines and Geology of.............. acting for and on behalf of and by order and direction of the Government of Andhra Pradesh the Licensee have hereunto set their hands the day and year first above written.The Schedule
Name of Mandal North,and District |
Name of Village |
Survey field Nos. |
Extent |
Assessment |
Boundaries South, West and East |
1 |
2 |
3 |
4 |
5 |
6 |
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Signed and delivered by the above
named in the presence of ...........
Model Form-P
Application for Quarry Lease for [Granite and Marble]
To be submitted in Triplicate
[See Rule 12(5)]
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Dated the ........ day of ....... 20 ....
To:2. A sum of Rs. 5000/- and DD for Rs. ....... Being the fees in respect of this application and deposit respectively payable under sub-rule (5-a) of Rule 12 (vide Challan No. ............ dated ............ of the State Bank of India/Treasury ...........) and DD No. ............... and date ............) [of any Nationalised Bank].
3. The required particulars are given below:
(i) Name of the applicant with Complete Address. Status of the applicant.
(ii) Is the applicant a private individual/Cooperative/ firm/association/private sector undertaking/Joint Sector undertaking or any other.
(iii) In case the applicant is ...........
(a) an individual, his nationality qualification and experience relating to quarrying
(b) a company, an attested copy of the certificate of registration of the company shall be enclosed.
(c) firm or association, the nationality of all the partners of the firm or members of the association; and
(d) a co-operative, nationality of non-India Members, if any along with place of Registration and a copy of the certificate of registration.
(iv) Profession or nature of business of applicant.
(v) Particulars of documents appended: Document Reference
(a) Mineral Dues Clearance Certificate
Or
(b) Affidavit in lieu of Mineral Dues Clearance Certificate; subject to the production of Mineral dues, clearance certificate within the period of ninety days of making application
Or
(c) Affidavit when not holding any quarry lease.
(vi) Mineral or minerals which the applicant intends to quarry.
(vii) Period for which Quarry lease is required.
(viii) Extent of the area for which quarrying lease is required.
(ix) Details of the area in respect of which quarrying lease is required.
District |
Mandal |
Village |
Khasra No. |
Plot No. |
Ownership Area Occupancy |
(x) Brief description of the area with ; particulars reference to the following: -
a. Does the applicant have surface rights over the area for which he is making an application for grant of a quarry Lease.
b. If not, has he obtained the consent of the owner, and the occupier of the land for undertaking quarrying operation. If so, the consent of the owner and occupier of the land be obtained in writing and be filed.
(xi) a. A copy of Village Map which is not in less scale than village map showing the area applied for the situation of the area in respect of natural features such as streams or lakes.
b. in the case of Village area ; the name of the village, the khasra number, the area in hectares of each field or part hereof applied for ;
c. In case the area applied for is under forest, then the following particulars be given: -
(xii) 1. Forest division Block and Range
2. Legal status of the Forest (namely reserved, Protected, unclassified etc.)
(xiii) Particulars of the areas mineral wise in each Stated duly supported by an affidavit for which the applicant or any person joint in interest with him.
A. Already holds under quarrying lease.
B. Has already applied for but not granted.
C. Being applied for simultaneously.
(xiv) Nature of joint in interest if any.
(xv) a. Does the applicant hold a prospecting licence over the area mentioned at (xi) above? : If so, give its numbers and date of grant and the date when it is due to expire.
b. Has the applicant carried out the prospecting operation over the area held under PL and sent his report to the State Government, If not, state reasons for not doing so.
c. Nature of the land chosen for dumping overburden/waste and tailings (that is type of land whether agricultural, grazing land ; barren, saline land etc.) and whether proposed site has been shown on the mine working plan. Give also the extent of area in hectares set apart for dumping of waste and tailings.
(xvi) A report giving the details of prospecting carried out in the area together with assessment of the ore reserves, geological plans, results of chemical analysis of the representative samples and bore holes and logs.
(xvii) Manner in which the mineral raised is to be utilised.
a. i. if for captive use, the location of plant and industry.
ii. for sale for indigenous consumption.
b. If for exports to foreign countries: -
i. Names of the countries to which it is likely to be exported where the name is being set up on 100% export oriented or tied up basis.
ii. Whether mineral will be exported in raw form or after processing. Also indicate the stage of prospecting, whether intermediate stage or final stage of the end product.
c. If it is to be used within the country, indicate:- the industry/industries in which it would be used. Whether it will be supplied in raw form or after processing.
(xviii)(i) Financial resources of the applicant.
(ii) Anticipated yearly financial investments during the course of quarry construction and aggregate investment upto the stage of commencement of commercial production.
(xix) The application form should be accompanied by a statement of the salient features of the scheme of quarrying. This should be generally on the lines of the Project at a Glance given in a quarrying feasibility report including features relating to the protection of environment.
I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details including accurate plans and security deposit as may be required by you. Place :Yours faithfully,
Signature of the Applicant.
Note: - 1. If the application is signed by any Authorized Agent of the applicant, then the Power of Attorney should be attached.
2. The application should relate to one compact area only except when the application for Q.L. is for an area already held under P.L. by the applicant.
Model Form Q
Application for Renewal of Quarry Lease for [Granite and Marble]
[See Rule 12(5)(h)(xi)]
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Dated the ..... day of ........ 20 ...
To(i) Name of the application with complete address.
(ii) Is the applicant a private individual/private company/public company/firm or association.
(iii) In case applicant is:
(a) An individual, his Nationality
(b) A company, an attested copy of Certificate of registration of the company shall be enclosed.
(c) A firm or association, the Nationality of all the Partners of the firm or members of the Association.
(iv) Profession or nature of business of applicant
(v) Number and date of valid clearance of payment of Mining and Quarrying dues.
(vi)(a) Particulars of the Quarry lease of which renewal is desired.
(b) Details of previous renewal granted if any.
(vii) Period for which the renewal of lease is required.
(viii) Whether renewal is applied for the whole or part of the lease hold?
(ix) A. (a) Does the applicant continue to have surface rights over the Area of the land for which he required renewal of the Quarry Lease
(b) If not, has he obtained the consent of the owner, and the occupier for undertaking quarry operations. If so the consent of the owner and the occupier of the land obtained in writing be filed.
B. Particulars of the areas mineral wise in the State duly supported by affidavit for which the applicant or any person join in interest with him.
(a) already holds under quarry lease.
(b) has already applied for but not granted, or
(c) being applied for simultaneously.
C. A mining plan which shall include:
(a) the plan of the area showing the nature and extent of the mineral body spot or spots where the excavation is to be done in the first year and its extent, a detailed plan of spot(s) of excavation based on prospecting data gathered by the applicant, a tentative scheme of quarrying, for the first five years of the lease.
(b) the details of geology and lithology of the area, the extent of manual quarrying and through machines.
(c) annual programme and plant for excavation for five years and
(d) the plan, the area showing natural water courses, limit of reserved and other forest areas and density of trees, assessment of impact of quarrying activity of forest, land surface and environment including air and water pollution, and details of the scheme for afforestation, land reclamation, use of pollution control devices.
D. Is the mineral going to be used in his own industry?
If so give details.x. In case the renewal applied for is only part of the leasehold:
(a) the area applied for renewal.
(b) description of the area applied for renewal (description should be adequate for the purpose of demarcating the plot)
(c) particulars of map of the lease hold with area applied for renewal clearly marked on it (attached)
(d) particulars of existing or created dumps of ones, if any
(xi) Means by which the mineral is to be raised i.e., by hand labour or mechanical or electric power.
(a) manufacture in India.
(b) for exports to foreign countries.
(c) in the former case the industries in connection with which it is required, should be specified. In the latter case, the countries to which the mineral will be exported and whether the mineral is to be exported after processing or in raw form should be stated.
(xii) Details of output during the last three years and phase programme For production during the next three years along with a layout plan for development if any.
(xiii) Any other particulars which the applicant wishes to furnish.
I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details, including accurate plans as required by you before the grant of renewal. Place:Yours faithfully,
Signature of the Applicant.
Model Form - R
Application for Transfer of Licence/Lease for [Granite and Marble]
[See Rules 12(5)(h)(viii)]
Dated the.......... day of....... 20....
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2. A sum of Rs. 5000/- (Rupees Five Thousand only) being the fee in respect of this transfer application has been deposited (Vide Receipt Challan No. ........... Dated ....... of the State Bank of India/Treasury...........)
3. The required particulars are given below:
(i) Name and address of the Transferor (Original Licencee/Lessee)
(ii) Location of the area proposed for transfer.
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iii. Extent of the area proposed for Transfer Sy.No. Extent
iv. No. and date of Grant of the Licence/lease
v. Date and Execution and period of the Licence/Lease
vi. Name and Address of the Transferee to whom the Licence/lease is proposed for transfer
vii. Whether valid MRCC of the Transferor And transferee are filed.
viii. Whether consent of both the parties for The transfer in the form of an affidavit is Filed.
ix. Reasons for Transfer
x. Whether any financial Consideration is Involved in the Transaction, If so the details Thereon.
Place:Signature of the Transferor
Signature of the Transferee.
Note: - 1. Sketch of the area delay indicating the area granted in favour of the Transferor with signature of the Transferor are to be attached in Triplicate.
2. Sketch of the area duly indicating the area intended for Transfer duly signed by Transferor and Transferee is to be attached in Triplicate.
3. The application should relate to One compact area only.
(x) Brief description of the area with particular reference to the following: -
(a) Does the applicant have surface rights over the area for which he is making an application for grant of a quarry Lease.
(b) If not, has he obtained the consent of the owner, and the occupier of the land for undertaking quarrying operation. If so, the consent of the owner and occupier of the land be obtained in writing and be filed.
(xi) (a) A copy of Village Map which is not in less scale than village map showing the area applied for the situation of the area in respect of natural features such as streams or lakes.
(b) in the case of Village area; the name of the village, the khasra number, the area in hectares of each field or part hereof applied for.
(c) In case the area applied for is under forest, then the following particulars be given: -
(xii) 1. Forest Division Block and Range
2. Legal status of the Forest (namely reserved, Protected, unclassified etc.)
(xiii) Particulars of the areas mineral-wise in each State duly supported by an affidavit for which the applicant or any person joint in interest with him.
A. Already holds under quarrying lease.
B. Has already applied for but not granted.
C. Being applied for simultaneously ;
(xiv) Nature of joint in interest if any.
(xv) (a) Does the applicant hold a prospecting licence over the area mentioned at (xi) above? If so, give its numbers and date of grant and the date when it is due to expire.
(b) Has the applicant carried out the prospecting operation over the area held under PL and sent his report to the State Government? If not, state reasons for not doing so.
(c) Nature of the land chosen for dumping overburden/waste and tailings (that is type of land whether agricultural, grazing land, barren, saline land etc.) and whether proposed site has been shown on the mine working plan. Give also the extent of area in hectares set apart for dumping of waste and tailings.
(xvi) A report giving the details of prospecting carried out in the area together with assessment of the ore reserves, geological plans, results of chemical analysis of the representative samples and bore holes and logs.
(xvii) Manner in which the mineral raised is to be utilized.
(a) (i) if for captive use, the location of plant and industry.
(ii) for sale for indigenous consumption.
(b) If for exports to foreign countries: -
(i) Names of the countries to which it is likely to be exported where the name is being set up on 100% export oriented or tied up basis.
(ii) Whether mineral will be exported in raw form or after processing. Also indicate the stage of prospecting, whether intermediate stage or final stage of the end product.
(c) If it is to be used within the country, indicate : -
the industry/industries in which it would be used. Whether it will be supplied in raw form or after processing. Application for changes in constitution/reconstitution of the firm/company holding Lease for Minor Minerals.(See Rules 12(5)(h)(viii) b to d and 31(ix) b to d)
Received At...(Place) On... (Date) To The Director of Mines Sc Geology/Deputy Director of Mines Sc Geology ______________________________ (Through the Assistant Director of Mines Sc Geology) Sir, I/We request for sanction of permission for change of lessee from individual to Partnership Firm/reconstitution of the firm/company by adding Partners/Directors into the firm company holding the I cease granted under Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. A sum of Rs.10,000/- (Rupees Ten Thousand only) being the fee in respect of this application has been deposited vide challan No._______________________ dated____________ of the State Bank of India/Treasury 3. Details of the Lease Holder:(i) Name;
(ii) Address;
(iii) Location of the Lease area;
(a) Sy. No;
(b) Village;
(c) Mandal;
(d) District;
(e) Extent in Hects;
(iv) Name of the Mineral/s;
(v) Number and date of grant order of the Lease;
(Please enclose copy of grant order);
(vi) Number and date of work order of the Lease;
(Please enclose copies of work order and lease deed); 4. Reasons for change of entity;
5. Details of partners to be added/or exiting;
S.No. |
Name of the New Entrant |
Address |
Aadhaar Number |
PAN |
Proposed % of share holding |
Self attested Photograph |
Declaration
I/we declare that the above information furnished by me/us is true to the best of my knowledge. Place: Date:Signature of the Lease Holder/
Authorized Signatory
Note: In case the application is signed by the authorized signatory, enclose the authorization.
[See Rule 9-D]
Notice inviting Sealed Tenders / Public Auction for leasing out the Right of Quarrying for the Sand Bearing Areas
.................. District
Notice is hereby given inviting sealed tenders and for Public auction to lease out the right of quarrying for sand in the sources described in the Schedule below for a period of two years. The sealed tenders shall be received till 5.00 p.m. on ................. in the office of the ............. and the auction shall be conducted on the date mentioned in the Schedule and subject to the provisions of the Andhra Pradesh Minor Mineral Concession Rules, 1966. The receipt of the applications for issue of Hall Tickets to participate in the public auction shall be closed at 5.00 p.m. on ................. by ......................Schedule
Sl. No. |
Description of the area (Reach/Mandal) |
Minimum Bid |
Maximum Sale Price |
Date of auction and time |
Signature of the Notifying Authority Note: - The annexure containing the auction conditions, application proforma etc., can be had from the Assistant Director of Mines & Geology by paying Rs. 1000/- per each Reach / Mandal in the form of D.D. drawn in favour of Assistant Director of Mines & Geology, .................... For additional Reach / Mandal Rs. 500/- shall be paid. |
Conditions of Auction
1. (a) Submission of Sealed Tender and accepting the Bid. - (i) Any person, who intend to obtain a lease for quarrying sand in a Reach or Mandal as notified under Rule 9-D shall submit Sealed Tender for the grant of the lease in the prescribed form so as to Reach the Assistant Director concerned two days before the date of conduct of auction (excluding the date of auction) before 5.00 PM and obtain proper acknowledgement.
(ii) Each bid document can be obtained by paying Rs. 1000/- in the form of DD drawn in favour of Assistant Director Mines & Geology concerned. For each additional Reach/Mandal an amount of Rs. 500/- shall be paid in similar manner. The said amount shall be credited towards user charge head of account within 7 days.
(iii) All persons intending to participate in the public auction shall simultaneously submit the sealed tender for any Reach or Mandal separately in Form 'S-4' in a Sealed Cover superscribing: -
(a) Notification Number;
(b) Name of the Tenderer; and
(c) The Reach / Mandal quoted for.
(iv) Every such Sealed Tender shall be accompanied by an application in prescribed Form 'S2' along with the enclosures as required thereunder.
(v) The amounts offered by way of sealed tender shall not be less than the minimum bid amount. Even if the less amounts are mentioned in the sealed tender, it will be read as equivalent to minimum bid amount.
(vi) Soon after the receipt of the Sealed Tenders from the Tenderers, necessary entry should be made in the register by the Assistant Director of Mines & Geology concerned while issuing acknowledgement to the Tenderer. Such Sealed Tenders so received shall be kept under the safe custody of Assistant Director of Mines & Geology. He has to ensure that all such Sealed Tenders and registers are kept safe under his personal custody duly observing the possible safety measures.
(vii) Every tenderer shall be eligible to participate in the auction after obtaining Hall tickets from Assistant Director of Mines & Geology.
(viii) The tenderer shall present by himself or through his authorized agent in the auction hall at the time of opening of the sealed tender. There shall be open auction and the bidding from different tenderers / bidders shall continue till the highest bid has been arrived at. The Sealed Tenders shall be opened after the bidding is over for each Reach or Mandal. The Auctioning Authority shall finalize the highest bid amount by taking the highest bid amount from open auction and sealed tenders whichever is higher.
(ix) 25% of the upset price should be fixed as Earnest Money Deposit in case of those participating in the auction. This amount shall be remitted through Demand Draft drawn in favour of Assistant Director of Mines & Geology concerned.
(x) The EMD is ordinarily, for a Reach / Mandal for which he has applied for. However he can opt for all Reaches / Mandals, simultaneously to participate, with the same EMD. The applicability of EMD for more than one Reach / Mandal as per the option of the applicant at the time of filing of applications is allowed. The moment he is the 1st or 2nd or 3rd bidder for a particular Reach / Mandal he ceases to participate for the next Reach / Mandal since the validity of the EMD gets exhausted. In order to participate for more than one Reach / Mandal with one EMD the applicant shall pay the highest EMD amount as applicable to a Reach/Mandal. With low amount of EMD, he will not be allowed to participate for the next Reach / Mandal for which the EMD is more than what is paid by the applicant. One is entitled to knock down one area only on one EMD. Persons who intend to acquire rights for more than one Reach/Mandal shall pay separate EMDs for each area.
(xi) It shall be at the discretion of the Auctioning Authority to accept or reject the tender or bid for the reasons to be recorded.
(xii) A Tender once submitted shall not be withdrawn before the bid is concluded.
(xiii) The Assistant Director, Mines & Geology concerned shall announce the names of person or persons who had submitted Sealed Tender and the Hall Ticket holders before commencement of the bidding for all Reaches/Mandals.
(xiv) The proceedings for the disposal of Reach or Mandal for quarrying sand shall be concluded on tenders or bids as the case may be by the Auctioning Authority. The tenders shall be opened only when it is ensured by the Auctioning Authority that there is no further bidding for the Reach or Mandal. The Auctioning Authority shall knock down the highest tender or bid provided he is satisfied with the same. In case the highest bid amount and one or more tendered amount remaining the same, of the Reach or Mandal shall be knocked down by drawing lots immediately.
(xv) The Auctioning authority concerned shall have the power to reject the highest tender or bid on substantial grounds to be recorded in writing at the time of auction and accept another next tender or bid.
(b) Issue of Hall Ticket. - (i) The applications will be issued by the ADMG from the date of publication of the notification and upto the date of closing for submission of filled-in applications. Filled-in applications shall be submitted two days before the date of auction [excluding the date of auction] before 5.00 PM to the Assistant Director of Mines & Geology concerned and obtain proper acknowledgement.
(ii) Hall tickets shall be issued one day before the date of conducting of auction and shall be closed by 5.00 PM. It is the responsibility of the applicant to collect the hall ticket either in person or by authorized representative in this behalf.
(iii) The auction conducting authority, on the day of auction is authorized to postpone the said date of auction to any other date for recorded reasons duly announcing the postponement in the auction hall and in such case no fresh notification is necessary and no fresh applications will be entertained.
(iv) After publication of the notification in the newspaper and upto one day before the closing date for receipt of application, for any eventuality to be recorded in writing, the Assistant Director, Mines & Geology concerned with the approval of the Auctioning Authority may postpone the auction and the date of postponement shall be notified in the newspapers.
(v) The venue of the auction due to any exigency may vary from the notified place in the notification and in such case same shall be informed while issuing hall tickets.
(c) Refund of Earnest Money Deposit. - (1) No person shall be admitted in the Auction Hall without the Hall Ticket issued by the Assistant Director of Mines & Geology concerned.
(2) The Earnest Money Deposit (EMD) of an unsuccessful bidder/tenderer except the first, second and third shall be refunded / returned by the Assistant Director, Mines & Geology concerned as early as possible i.e. within 15 days from the date of conducting of the auctions.
(3) In respect of the second highest bidder, the Earnest Money Deposit will be refunded only after the completion of the agreement with the first bidder. Similarly, in case of the 3rd bidder, it will be refunded only after completion of the agreement with either first or second highest bidders as the case may be.
(4) The right of quarrying shall be strictly subject to the confirmation or otherwise by the competent authority, who has the right to refuse to confirm the right of quarrying sand with the reasons recorded therein.
(d) (1) The following are the auctioning, confirming and appellate authority:
S. No. |
Minimum Bid Amount in Rupees |
Auctioning Authority |
Confirming Authority |
Appellate Authority |
1 |
Upto 5.00 lakhs |
Deputy Director of
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Zonal Joint Director
of |
Director of Mines |
2 |
Above 5.00 lakhs |
Joint Collector |
District Collector |
Government |
(2) The Auctioning authority shall have discretion to fix the minimum and maximum amounts of hike by the bidders in the Auction hall for each Reach.
(3) In case there is no hike of the bid for a particular Reach/Mandal both in the Public Auction and Sealed Tenders offered by all the participants:-
(i) The auction conducting authority may knock down the bid by drawing lots among the applicants in the Auction Hall. For all practical purposes, the bid knocked in favour of a bidder / tenderer in lots will be treated as highest bidder for that Reach / Mandal.
(ii) Similarly, 2nd and 3rd bidders will also be selected by way of lots and all the provisions are applicable to them as if they are 2nd and 3rd highest bidders to that area.
(4) The Auction Authority shall have the discretion to postpone the Auctions in case it is felt that more revenue will be realized if fresh auctions are conducted in all such cases where no hike takes place over and above minimum bid amount.
(5) In case, a single bid is received for any Reach / Mandal, the auction conducting authority at his discretion may knock down the bid in his favour. In such cases, he will be treated as highest bidder for the said Reach / Mandal.
(6) The concerned Assistant Director shall record the proceedings during auction in the proforma enclosed. Soon after the auctions are over on the same day the said proforma shall be made in triplicate and one shall be handed over in a sealed cover to the Auctioning Authority and one shall be sent to the Director of Mines & Geology. On the next working day of the completion of the auctions, he shall circulate the file to the confirming authority for obtaining orders by a special messenger. The confirmation authority shall pass orders within a maximum period of 7 days from the date of receipt of the proposals from the Assistant Director of Mines & Geology concerned.
(7) Any appeal or revision as the case may be against any order passed under sub-rule (1) of Rule 9-H can file appeal or revision application before the concerned in Form J-1 and the fee for such appeal / revision shall be made as per Rule 35-B of Andhra Pradesh Minor Mineral Concession Rules, 1966 within 15 days from the date of receipt of the order.
The Appellant / Revision Authority can condone the period of delay on valid grounds.2. (i) No person shall be permitted in the auction Hall without the Hall ticket in the prescribed form issued by the Assistant Director of Mines & Geology concerned. The Hall Ticket holder may be allowed to be assisted with one assistant during auctions to participate in the auction.
(ii) The hall ticket shall be issued by the Assistant Director of Mines & Geology concerned on submission of the filled in application in the prescribed form with the following documents:-
(a) A Notarized affidavit in the prescribed form on a non-judicial stamp paper worth Rs. 25/- for abiding the conditions and Rules of auction.
(b) Bank Draft/Banker's Cheque obtained only from any Scheduled Bank in Andhra Pradesh for an amount equivalent to 25% of the minimum bid of sand reach/mandal drawn in favour of the Assistant Director of Mines & Geology concerned.
(c) Mineral Revenue Clearance Certificate in Form-H to substantiate that he is not in debit to the Government in the Mines and Geology Department, provided that in case the bidder did not hold or not holding a licence or lease under any of the mineral concession rules, he shall submit declaration to this effect in the form of a notarized affidavit.
3. (a) Sealed Tenders shall be accepted for each Reach / Mandal separately in separate covers provided.
(b) Every such sealed tender will be separately accompanied with a filled in prescribed form along with the enclosures as required under item (2) above.
(c) Every sealed tender shall be taken into consideration if it is submitted to the Assistant Director of Mines & Geology before the due date as per the notification.
(d) No person shall bid for any person unless he holds a Registered Power of Attorney and presents an application signed by such person.
(e) Tenderers shall be present by himself or through his authorized agent in the auction hall at the time of opening of the sealed tenders. The sealed tenders shall be opened after the bidding is over for each Reach/Mandal. The Assistant Director of Mines & Geology shall maintain a register by duly mentioning all the particulars of all the participants who have submitted sealed tenders and the hall ticket holder. The person whose tender bid is knocked down shall sign and mention his name in block letters by duly affixing, his thumb impression in the register. At the end of the day of the auctions, the auction conducting authority shall announce that any one who is willing to sign at the end as a witness to the proceedings may sign in the Register.
4. On the oral promise of the auctioning authority, the participants shall have no claim to any right.
5. (i) The following persons shall not be entitled to participate in the auction: -
(a) Persons aged below 18 years.
(b) Persons who have been debarred from obtaining Quarry Leases.
(ii) If any person obtains the quarry lease for sand by sealed tenders/public auction on misrepresentation or hiding the facts, the quarry lease shall be cancelled on its coming to the notice of the Government and the amount paid by him shall be forfeited to the Government.
6. No person shall be admitted into Auction Hall without the Hall Ticket issued by the Assistant Director of Mines & Geology concerned. The right of quarrying sand will be ordinarily knocked down to the highest tenderer / bidder, but the right is reserved to the auctioning authority who is conducting the proceedings to reject any tender/bid without assigning any reasons thereof. The deposits made by the unsuccessful tenderers/bidders will be returned to them as early as possible i.e., within 15 days from the date of conducting of auctions. The leasehold right for quarrying sand shall be strictly subject to the confirmation or otherwise by the competent authority who has that right to refuse to confirm the right to quarrying sand by recording reasons thereof.
7. No Reach/Mandal partly or fully covered by scheduled areas shall be leased out to any person who is not a member of Scheduled Tribe.
8. Special Concessions to Boatsmen Co-op. Societies.
(1) The Reaches identified in Major Rivers where the sand is lifted and carried by means of boats, the Registered Boatsmen Co-operative Society registered under the Andhra Pradesh Co-operative Societies Act, 1964 shall be given preference by allowing 10% concession on the highest bid/tendered amount offered in the Auction Hall. The concessional knocked amount be paid by the successful Registered Boatsmen Co-operative Society in not more than four equal quarterly instalments and each such instalments shall be paid 15 days before commencement of each quarter. If there is more than one Boatsmen Co-operative Society participating in the Auction and claims for the same Reach, local registered Boatsmen Co-operative Society shall be given preference. However, if there is more than one local Registered Boatsmen Society participating in such auction and claims for the same Reach, the successful bidder / tenderer shall be decided by drawing lots. Where no local societies participate and if only non-local Societies participate and claim for the same Reach, the successful bidder / tenderer shall be declared by drawing lots among the said non-local registered Co-operative Societies. The Society claiming as local Society to any particular Reach shall submit a certificate from the Divisional Co-operative Officer to the effect that it is a local Society to a particular Reach. Such certificate shall be submitted at the time of filing application.
(2) In case of a Boatsmen Co-operative Society who can participate in the auction in respect of areas like River, water tanks, ponds and from where sand is to be lifted in Boats, such society shall submit genuinity certificate pertaining to the society from the concerned Divisional Co-operative Officer along with a Statement of Annual audited statement of accounts audited by the Co-operative Department of the preceding year or in its absence, the previous preceding year together with byelaws of the Society. These documents are to be submitted at the time of filing of application.
9. The auctioning authority may at his own discretion reject any persons tender/bid who. - (a) has been convicted for any offence under any lease for the time being in force or any offence under the Mines and Minerals (Development and Regulation) Act, 1957; or
(b) is a debtor to the Government of Andhra Pradesh in the Mines and Geology Department.
10. (a) When the tender/bid is knocked down by the Competent Authority, the successful tenderer/bidder shall deposit Bank Draft/Bankers Cheque obtained from any Scheduled Bank within two immediate working days a sum equivalent to 25% of the knocked down amount with the Assistant Director of Mines & Geology concerned.
(b) The successful tenderer/bidder on receipt of the orders of confirmation shall remit the remaining amount including Income Tax as referred in the confirmation order to the prescribed Head of Account in a Government Treasury and also a security of Deposit of 10% knock down amount subject to a minimum of Rs. 1,00,000/- (Rupees One Lakh only) or equivalent to bid amount whichever is less in the form of National Saving Certificate duly pledged to the Governor of Andhra Pradesh or Bank guarantee issued by any Nationalised Bank and submit the same before the date specified in the order of confirmation to Assistant Director of Mines & Geology concerned and execute the lease deed in Form-G1 on stamped paper as per Registration Act and Indian Stamp Act, 1899, as applicable to Andhra Pradesh within seven days of the order of confirmation.
11. If the successful bidder/tenderer fails to pay 25% of the knocked down amount and prevailing I.T. within two working days or the remaining 75% of the knocked-down amount and prevailing I.T. within the specified time in the confirmation order, the amount already paid by the successful tenderer/bidder shall be forfeited to the Government. The confirming authority is the competent authority to forfeit the deposits to the Government.
12. If the successful tenderer/bidder fails to pay 25% of the knocked down bid amount and prevailing I.T. on the next two working days or the remaining 75% of the knocked down amount and prevailing I.T. amount after the issue of confirmation orders and fails to execute the lease deed in the prescribed form within the stipulated time, the amounts paid by him shall be forfeited to the Government by the confirming authority.
13. Payment of Second year lease amounts. - (a) The lessee shall pay the knocked down amount along with 20% enhancement towards the second year lease amount. Out of the total amount, 95% shall be paid towards Zilla Parishad Head of Account and balance 5% amount towards State Head of Account and submit the challans to the Assistant Director of Mines & Geology concerned on or before 45 days of the expiry of the first year lease period. If no such payment is received, the lease period gets expired by the first year ending itself and the Security Deposit gets forfeited to the Government. The Assistant Director of Mines & Geology shall make necessary arrangement for leasing out the area through sealed tender-cum-public auction.
Provided, the Director of Mines & Geology may condone the delay in payment of second year lease amount on the request for the condonation of delay before the expiry of first year lease period. Provided further that the Government may condone the delay in payment of second year amount if the request is received after the expiry of the first year lease period but within 15 days from the date of expiry of the 1st year lease period in genuine cases.(b) In respect of the Reaches identified to the boatsmen co-operative societies, the society shall pay the second year amount along with 20% enhancement in not more than four equal quarterly instalments and each instalment shall be paid 15 days before commencement of each quarter.
If no such payment is received, the lease gets expired by the period ending for which the amount is due and the Security Deposit gets forfeited to the Government: Provided the Director of Mines & Geology may condone the delay in case the application is filed before the expiry of the due date. Provided further that the Government may condone the delay in payment even after the expiry of due date in genuine cases, on the request for such delay condonation is received within fifteen days from the expiry of due date.(c) The condonation of delay as stipulated under clauses (a) & (b) of Rule 9-P does not entitle the lessee for extension lease period.
14. The successful tenderer/bidder shall have no claims for compensation due to floods or any other situation or extension of lease period for the delays in pending orders or the delay caused by himself in paying the required amounts and executing the agreement.
15. The successful bidder bound to observe all the statutory provisions of various State and Central enactments and instructions issued by the Government/Department of Mines & Geology, WALTA, 2002 and Ground Water Department from time to time.
16. Use of authorized Ramps. - The lessee should make use of authorized ramps and paths only for transport of sand from the quarry and not open any new ramps or paths. However any new ramps can be permitted by the concerned Assistant Director of Mines & Geology only with the consent of the concerned Mandal Revenue Officer in the case of Government Land and River Conservator where the River Conservation Act applies and in case of patta lands with the consent of the Pattadar duly verifying the claims supported by certification issued by the Mandal Revenue Officer concerned.
17. Powers of the State Government. - (1) The Government shall have the power to cancel the auction conducted and confirmation orders issued thereon by the competent authority duly recording its reasons thereof.
(2) The Government shall have the power to condone the delay in issue of confirmation orders, execution of lease deed, etc. for the valid reasons to be recorded.
(3) The Government shall have the power to issue orders/clarifications, if any not specifically mentioned in implementation of these rules.
18. If the auctioning authority notices that any person in the auction hall before or at the time of bidding behaves or acted in such a manner as to cause loss to Government or induces or forbids any person from bidding, he may suspend him from participating the auction and remove him from the auction hall.
19. The successful tenderer/bidder shall not be entitled to commence the quarrying on the privilege acquired before executing the lease deed and take out the right of quarrying. It shall be the responsibility of the successful bidder to execute the quarry lease deed within the stipulated time and obtain the right of quarrying sand. If the successful tenderer/bidder fails to comply with the above formalities or if the privilege acquired could not be functioned he shall not be absolved of the responsibility to pay the knocked down amount.
20. If the successful tenderer/bidder dies after the privilege is knocked down to him, his legal heirs shall be responsible to execute the lease deed and to carry out the business by remitting to the Government their dues. If the legal heirs do not want to continue the privilege, they should within thirty days from the date of death of the auction purchaser intimate the auctioning authority their intention in writing by Registered Post. In such cases the auctioning authority shall make alternative arrangement or re-auction the privilege, the amount deposited by the deceased bidder shall be refunded to the legal heirs.
21. The sale price at pit head before notification shall be fixed by the District Level Committee by considering the following points:
1. Seigniorage Fee, Sales Tax, Income Tax and other taxes if any applicable during the course of lease period.
2. Location, demand and supply.
3. Marginal profit to be collected by the knocked down bidder.
4. Loading and formation of laying of ramps or roads in the Reach or Mandal.
22. The lessee shall abide by all the conditions and statutory provisions under Mines and Minerals (Development and Regulation) Act, 1957, and rules made thereunder viz., Andhra Pradesh Minor Mineral Concession Rules, 1966, Andhra Pradesh Mineral Dealers Rules, 2000, Mines Act, 1952, Mines and Metalliferrous Regulations, 1961 and Andhra Pradesh Water Land and Trees Act, 2002 and other State and Central Acts and Rules and instructions which are applicable.
23. The bidders shall not use poclains or any other machinery for the purpose of digging / loading since as per the WALTA Act, 2002, the sand mining is restricted to one Metre only and use of machinery leads to extraction of sand beyond one metre.
24. Sand exempted from payment of Seigniorage Fee
(1) Sand used in the weaker sections housing programme shall be supplied free of cost at pit head by the bidder / tenderer including exemption of payment of Seigniorage Fee on a certificate issued by the District Collector or any authorized officer by him.
(2) Bullock carts and animals transporting sand are also exempted from payment of Seigniorage Fee.
25. No movement of sand shall be allowed across the border to the neighbouring State. In case any vehicle is found transporting to the neighbouring State even with permit it will be treated as violation of rules and the penal provisions as specified in Rule 9X will apply besides the lease shall be liable for cancellation.
26. Whenever the Ground Water effect is noticed and safety of structures is effected due to sand quarrying in any area, the Government/Director of Mines and Geology shall issue prohibitory orders in consultation with Ground Water Department. In case the Director of Mines and Geology issues such order, he shall obtain the approval of the Government as early as possible.
27. Leases granted for sand by Tender or by Public auction are not liable for transfer.
28. The successful bidder or tenderer shall charge the price for sand at the pit head as fixed in the tender notice.
29. The lessee should observe the conditions stipulated by the Conservator of Rivers and the Ground Water Department and Irrigation and Command Area Development.
30. Persons authorized to check unauthorized transportation of the sand.
(a) The District Collector shall take all precautionary measures to stop illegal mining of sand in the District. In case of any illegal mining of sand by any person from any quarry or Reach unauthorizedly and is transporting it thereof, the officers competent under Rule 26 of Andhra Pradesh Minor Mineral Concession Rules, 1966 are empowered to check the vehicles and take appropriate action as specified therein or compound as specified in sub-rule (b) hereunder whichever is higher. Besides the District Collector shall nominate any other officer as he thinks deemed fit to exercise these powers in addition to officials so specified.
(b) The minimum penalty for each truck carrying sand without valid permit issued by the concerned authority must be Rs. 10,000/- (Rupees Ten Thousand only) for each truck of 10 tonnes capacity and Rs. 5,000/- (Rupees Five Thousand only) in respect of Tractor. In case of repeated violations vehicle will be confiscated by the officer not below the rank to the Assistant Director of Mines and Geology. The powers delegated to various office under the existing provisions of Andhra Pradesh Minor Mineral Concession Rules, 1966 shall be extended to sand cases also.
(c) The Way bill for transporting sand shall be in the "Form-S-5". The way bills will be issued proportionate to the knocked down bid amount by calculating Seigniorage Fee as specified in the Schedule-1 of Rule 10 of Andhra Pradesh Minor Mineral Concession Rules, 1966. The bidder is liable to pay Seigniorage Fee additionally and obtain permits for the quantities exceeding the proportionate bid amount.
(d) The Municipalities concerned who are the approving authorities for Housing Plans or Shopping / Commercial Complexes are empowered to recover the component of Seigniorage Fee on sand at the rates specified under Schedule-1 of Rule 10 of Andhra Pradesh Minor Mineral Concession Rules, 1966 with one time penalty in case of procurement of sand by any builder without any valid permit in respect of constructions which are of the value of above Rs. 1.00 Crore. Any person aggrieved by the said deduction/orders passed by the Municipalities of Grade-I, II, III appeal lies to the Director of Mines and Geology and in respect of Special Grade, Selection Grade Municipalities and Municipal Corporations appeal lies to Government and the procedure as envisaged in sub-rule (7) of Rule 9-H shall apply.
31. (a) Removal of sand in patta lands. - It is the responsibility of the bidder to obtain the consent of the Pattadar in respect of any area on the land abutting the river, streams etc. which is classified as patta land. The Pattadar who is claiming the ownership of the land shall produce valid documents and also certificate issued by the concerned Mandal Revenue Officer.
(b) Recovery of Seigniorage fee
The sand consumed in all Government works by the contractors, normal Seigniorage Fee with one time penalty may be recovered from the work bills by the consuming department in case of procurement of sand is without valid permits issued by the concerned Assistant Director of Mines and Geology.32. The General provisions of Andhra Pradesh Minor Mineral Concession Rules, 1966 shall apply for cases which are not explicitly mentioned herein.
33. In case of any doubt as to the application or interpretation of the version of any of these conditions, the decision of the Government of Andhra Pradesh on the issue shall be final.
Form-S 2
Application for issue of Hall Ticket
(Under condition 2 of the Annexure)
(Under Rule-9E)
1. Name and present address of the applicant in Block Letters (proof of address such as attested copies of any ration card / telephone bill / Current Bill / Voter Identity Card / Driving Licence / PAN shall be enclosed). In the absence of the above, a certificate issued by the Mandal Revenue Officer concerned. |
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Note: - In case of partnership firm the partnership deed in case of Private Limited Company, the Articles of Association and in case of Registered Labour Contract Co-operative Society a certificate from the Divisional Co-operative Officer concerned should be produced for participating in the auction:
3. Date of Birth and Age of the applicant (persons of 18 years below not eligible):
4. Reach/Mandal for which he intends to participate in the auction/for submission of sealed tender:
5. Affidavit in the prescribed Form on a Non-Judicial Stamped paper worth Rs. 25/- enclosed or not:
6. No. and date of Bank Draft/Bankers Cheque obtained from any Scheduled Bank for an amount equivalent to 25% of the Minimum Bid:
7. Particulars of Leases if any under different mineral Concession:
8. Mineral Revenue Dues Clearance Certificate in Form 'H' enclosed or not:
9. (a) Has he been convicted for any penal offence or any offence under M and M (R and D) Act, 1957:
10. (b) Has he been debarred earlier in participating auctions or to obtain leases under different Mineral Concessions:
11. Whether agreed to pay a sum equivalent to 25% of the knocked down amount within two working days and the remaining 75% of the amount within the prescribed time in the confirmation order:
I declare that the particulars furnished above are true to the best of my knowledge. I hereby undertake that the deposit made by me may be forfeited to the Government if the information furnished above is proved to be incorrect. Place:Signature of the Applicant.
Affidavit
I, ............................... S/o. ......................... R/o. ...................... aged ...... years do hereby solemnly affirm and state as follows: That I have gone through the auction notice issued by the Assistant Director of Mines and Geology .................. and conditions laid down therein. I intend to obtain quarry lease through sealed tender/auction for the .................. Mandal / Reach as per the Notification No. ....................... If I am the highest tenderer / bidder and if it is knocked down in my favour, I declare and agree to abide.1. To pay the sum equivalent to 25% of knocked down amount along with prevailing IT there of in the form of demand draft, obtained from any scheduled Bank within two working days and to tender the same before the ADMG concerned.
2. To pay balance 75% of the knocked down amount along with prevailing IT there of and security deposit of 10% of the knocked down amount subject to the minimum amount of Rs. 1,00,000/- or equivalent to the bid amount whichever is less on or before to date mentioned in confirmation orders and to execute the lease deed with the Assistant Director of Mines and Geology concerned in Form 'G1' within 7 days from the date of confirmation.
3. In case of default in payment of 25% of the knocked down amount and I.T. thereon within two working days or the remaining 75% of the knocked down amount and I.T. thereon within the time specified in the confirmation order and executed the lease deed within 7 days from the date of confirmation.
4. To abide by the condition that I shall pay the knocked down amount along with 20% enhancement towards the second year lease amount in the Government Treasury and submit the challans to the concerned Assistant Director of Mines and Geology on or before forty five days of the expiry of the 1st year lease period. If no such payment is received by the ADM&G concerned, the Confirmation Authority shall make necessary arrangement for leasing out the quarry and forfeit, the security deposit paid by the original lessee.
5. In case of negligence on my part to pay the balance amount and to execute the lease deed in time, I accept for any action taken by concerned authority to cancel the auction or terminate the lease as the case may be and to forfeit all sums paid.
6. To abide by the additional conditions if any imposed by the authority competent to do so, and
7. To abide by the decision of the Government of Andhra Pradesh in case of any doubt as to the application or interpretation of the versions of any of the conditions or provisions of M&M (D&R) Act, 1957, APMMC Rules, 1966, Mines Act and the Rules made thereunder.
8. I declare that I hold/do not hold any licence or lease under any of the Mineral Concession Rules and not in debt to the Government.
Deponent.
Sworn and signed before .................... me on ................ day of .................
Notary
Attested
Form-S 3
Hall Ticket
[Under Rule 9-E]
Serial No.:Office of the ADM&G
Dated:
Signature of the Issuing Authority.
Form-S 4
[See Rule 9E]
Tender Form
1. |
Name in Block letter |
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2. |
Father's Name |
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3. |
Present Address |
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4. |
Permanent Address |
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5. |
Occupation |
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6. |
Details of sand bearing Reach/Mandal |
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8. |
(a) in figures |
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(b) in words |
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Signature
Name in Block letters.
Note:- 1. This tender is to be submitted in a sealed cover in person or by Reg. Post Ack. Due or through his Power of Attorney holder and acknowledgement obtained.
2. The Application shall reach on or before the date specified in the notification to the Assistant Director of Mines and Geology concerned in a properly sealed cover.
3. The Assistant Director concerned shall not be responsible for the loss in the postal transit or the delay in receipt of the sealed cover.
Form-S 5
Sand Way Bill Form
[See Rule 9-X(c)]
Way Bill No. .............Book No. ............
Date ..................
1. Name of the lessee
2. Name of the consumer and destination
3. Name of village / villages / reach / mandal
4. Date of issue of permit and validity
5. Date and time of issue of way bill
6. Quantity of sand under transportation
7. Sale Price of Sand for Cub. Mt at Pit Head
8. Vehicle No.
9. Date and time of departure of the vehicle from the village / reach / mandal.
Signature of the lessee / authorized representative.
Note: 1. No overwriting in any form in the way bills makes it invalid.
2. The driver shall carry the duplicate stamped copy of the way bill and hand over it to the consumer / purchaser of sand as evidence of payment of Seigniorage fee.
3. The original Transit Form shall be surrendered to the Assistant Director concerned within 15 days from the date of dispatch and the Triplicate shall be retained with the Lessee.
4. The transporter of the Sand shall produce the way bill as the token of paid the Seigniorage Fee to any checking authorities authorized by the Government or at the check post in operation by the Department of Mines and Geology or other authorized Officers of the Government.
5. The consumer shall properly retain this way bill as token of evidence for payment of Seigniorage Fee to any authorized persons who is authorized for counter checking or else will be liable to pay Normal Seigniorage Fee with one time penalty.
Form-S 6
For recording Auction Proceedings
[See Rule 9 H (6)]
Name of the District: |
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Place of Auction: |
Date: |
Description of the area Name of the Reach / Mandal: |
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Minimum bid amount: |
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Number of sealed / Bid / Tenders Received |
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I. Name of the Auction conducting Officer & Designation: |
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II. Other Officers present: |
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1. |
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2. |
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3. |
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4. |
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5. |
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III. List of the participants in the Auction (Enter the Status of Boatsmen Society wherever applicable) |
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Sl. No. |
Name |
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Signature |
The Auction proceedings commenced at .................. with Minimum bid amount of Rs. .................... |
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Name of the Bidder |
1st Hike Amount |
: Rs. |
2nd Hike Amount |
: Rs. |
3rd Hike Amount Etc., |
: Rs. |
Highest Bidding amount |
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Open Auction concluded at |
AM/PM with Highest Bidding amount |
Request of announcement of opening of Sealed Tenders |
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Name |
Amount Offered |
1. |
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2. |
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3. |
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4. |
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5. |
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IV. A. Highest amount quoted by the Sealed Tender |
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Name of the Tenderer |
Amount |
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1st Highest Tenderer |
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2nd Highest Tenderer |
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3rd Highest Tenderer |
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B. Knocked down Amount by way of Bidding |
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Name of the Bidder Amount |
1st Highest Bidder |
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2nd Highest Bidder |
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3rd Highest Bidder |
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Declaration of Closing of Auction |
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Highest of A & B = Amount Rs. |
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Name of the 1st Successful Tenderer / Bidder |
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Name of the 2nd Successful Tenderer / Bidder |
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Name of the 3rd Successful Tenderer / Bidder |
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Signature of the person in whose favour the tender/ bid is knocked down/ Thumb Impression. |
Signature of Auctioning Authority |
We have been present throughout the Auction Proceedings and witnessed the proceedings. |
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Signature of the Assistant Director concerned Signature of the Official Observer |
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1. |
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2. |
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3. |
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4. |
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Witness: |
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1. |
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2. |
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3. |