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Andhra Pradesh Mineral Dealer's Rules, 2000

Published vide Notification No. G.O. Ms. No. 537, dated 11.10.2000

Last Updated 26th October, 2019 [ap461]

(a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957);

(b) "Authorised Officer" means the officers of the Department of Mines and Geology as authorised by the Director of Mines and Geology;

(c) "Carrier" means any mode or conveyance of facility by which mineral is transported from one place to another and includes mechanized device, person, animal or cart:

(d) "Dealer" means the person who holds a Dealers Registration including the mining lease and or Quarry Lease to whom the leases have been sanctioned as per Mineral Concession Rules, 1960 and Andhra Pradesh Minor Mineral Concession Rules, 1966 respectively who intend to deal with minerals other than the minerals sanctioned;

(e) "Dealers Registration" means a registration granted under these rules authorising a person to whom it is granted to engage in the transaction to buy or sell and be in possession of minerals defined in clause (h) below;

(f) "Form" means form set out in Schedule to these rules:

(g) "Government" means State Government of Andhra Pradesh;

(h) "Mineral" means the minerals defined in clause (a) of Section 3 of the Mines and Minerals (Development and Regulation) Act and includes precious and semiprecious and uncut stones all minor minerals as specified in the Andhra Pradesh Minor Mineral Concession Rules, 1966 and also processed pulverised and finished products:

(i) "Mining Lease" means a lease granted for the purpose of undertaking mining operation and includes a sub-lease thereof;

(j) "Mineral Oil" means natural gas and petroleum;

(k) "Notification" means a notification published in the Andhra Pradesh Gazette and the word notified shall be construed accordingly;

(l) "Permit" means granted under the Mineral Concession Rules, 1960 or as the case may be under the Andhra Pradesh Minor Mineral Concession Rules, 1966;

(m) "Prescribed" means prescribed by these rules under the Mines and Minerals (Development and Regulation) Act, 1957;

(n) "Prospecting Licence" means 'a licence granted for the purpose of undertaking prospecting operations on Mineral Concession Rules, 1960 and Andhra Pradesh Minor Mineral Concession Rules, 1966;

(o) "Quarry Lease" means a lease granted for the purpose of undertaking quarrying operations under the Andhra Pradesh Minor Mineral Concession Rules, 1966;

(p) "Research Work" means any work done for beneficiation and upgradation of the mineral and for examining it's suitability for utilisation in the industry for the purpose of scientific study without any commercial motive;

(q) "Scientific Test" means any lest conducted for chemical of Mineralogical analysis of mineral and assessment of it's chemical and Mineralogical constituents and properties for the purpose of scientific study without any commercial motive;

(r) "Transit Pass" means a pass issued by the Officer authorised by the Director of Mines and Geology for lawful transportation of any mineral raised in accordance with the provisions of the Act and the rules made there under by a carrier which is issued to a Mineral Dealer: and

(s) "Year" means financial year 1st April to 31st. March;

(a) A fee of Rs. 1000/- (Rupees one thousand only) payable through treasury challan under the following head of account:

"0853 - None-Ferrous Mining and Metallurgical Industries.

102 - Mineral Concession Fees and Royalties.

81 - Other receipts".

(b) Income tax Clearance Certificate.

(c) Sales Tax Clearance Certificate.

(d) An affidavit to the effect that he had not been convicted in any case relating to smuggling of ores and minerals.

(e) A copy of the certificate issued by the industries Department or any other Department of Government for establishment of the factory or beneficiation plant or any industry, if any.

(a) The place from which the mineral has been removed:

(b) The quantity and the description of mineral along with a copy of the permit obtained on payment of royalty/seigniorage fee thereof: and

(c) The destination to which the mineral is to be transported.

(1) The dealer shall deposit an amount of Rs. 5,000/- as a security deposit duly pledged to the Dy. Director of Mines and Geology.

(2) The dealer shall maintain correct and intelligible accounts of ores and minerals procured, processed and transported daily to different destinations in Form-F.

(3) In case of beneficiation plant and factory the dealer shall maintain a separate daily account of ores and minerals procured and fed into the factory or plant and the processed mineral or ores recovered in Form-G.

(4) The dealer shall submit copies of the Form-E to the [Assistant Director of Mines and Geology concerned] by the 5th of the succeeding month.

(5) While removing the ore or minerals from the stones or factories the dealer shall obtain permission from the concerned [Assistant Director of Mines and Geology concerned] and transport the material under prescribed transit permit in Form-E obtaining from the concerned Dy. Director of Mines and Geology.

(6) The dealer shall maintain the details of stock and transit basis in Form-H and submit to the [Assistant Director of Mines and Geology concerned] by the 5th of succeeding month.

(7) The dealer shall allow any authorised officer by the director or his nominee authorised by him to inspect the stores and factories to verify the stocks of ores and minerals and take sample of the abstract from the records maintained by him.

(8) Every dealer shall allow any officer authorised by the Director or his nominee nominated by him to enter ana inspect the premises where the mineral is kept or stored.

(9) All officers mentioned in Section 23(B) of the Mines and Minerals (Development and Regulation) Act, 1957 are authorised to search any place in which there is reason to believe that an offence is being committed and seize any stock of minerals in respect of which the offence has been or is being committed.

(a) Rs. 10,000/- if the offence is committed first time.

(b) in the event of repeated offence. Rs. 25,000/-or imprisonment for a term which may extend to one year or with both.

(a) a notice shall be issued in writing in Form - L to the accused person informing him on the ground on which it is proposed to confiscate such property,

(b) an opportunity shall be given to the accused person for making a representation in writing within a period of three (3) days and a personal hearing against confiscation.

Form 'A'

(See Rule 4 (1))

(Application for Registration/renewal)

Form 'B'

(See Rule 4(3))

(Acknowledgement of receipt of application for Registrations)

Form 'C'

(see Rule 5(1))

(Register of application for grant of Registration and its renewal)

Form 'D'

(See Rule 5 (2))

Form of Registration

Form 'E'

(See Rule 6)

Transit pass

Department of Mines and Geology Government of Andhra Pradesh

Transit Pass Book No............... Transit Pass/S.No...................

1. Name and Address of consigner (holder of ML/Mineral dealer's licence)

2. Name and Address of consigner

4. Quantity (Weight/Volume)

5. Approximate value of Mineral being carried

6. Date and time of dispatch'

7. (I) Mode of Transport

   (II) Carrier registration No.

8. Name and address of Vehicle driver

Note. - (1) No overwriting should be done

(2) The original copy and the book has to be returned to the concerned authority after the book is exhausted

(3) The vehicle driver shall carry two copies of the transit pass during transit.

Form 'F'

(See Rule 7 (ii))

(Amount of ores/Minerals)

(To be maintained daily)

1. Name of the Dealer

2. Full Address

3. No. and date of Registration

4. Period of Registration

5. Name of Mineral Ore

6. Place of business

7. Name of circle Mining offices under whose jurisdiction the mineral/Ore is stored.

Form 'G'

(See Rule 7 (iii))

(Account of ores/minerals fed to plant and their recovery to be maintained daily)

1. Name of the Dealer

2. Full Address

3. No. and date of Registration

4. Period of Registration

5. Name of Mineral and Ore

6. Name of the plant/factory

7. Postal address of the factory

8. Name of circle mining office having jurisdiction over the factory plant.

Form 'H'

(See Rule 7 (vi))

1. Name of the permit holder

2. Full Address

3. Date of permit

4. Period of permit

5. Name of Mineral and Ore to be transported

6. Place from which ore/mineral is transported

7. Total amount of mineral/ore to be transported

8. Name of circle mining office having jurisdiction over the ore mineral.

Form 'I'

(See Rule 9 (3))

1. Name of Officer seizing the property:

2. Designation and address of the Officer:

3. Details of property seized:

(a) Place of seizure with date and time

(b) Description of each property

4. Rule under which property is seized.

5. Name and Address of person from whom the property is seized:

6. Name and Address of any other claimant for the seized property:

7. Details of 'Seal' given on the seized property:

8. Name and address of person under whose custody the seized property has been kept:

9. Signature of the custodian :

10. Approximate value of the seized property:

11. Remarks:

12. Name and address of witnesses with their signature:

(i)

(ii)

Form 'J'

(See Rule 11 (1))

Form of Appeal

1. Name of the applicant/Appellant in full

2. Address

3. Father's name (in case of firm name and addresses of the partners and persons holding power of attorney to act on behalf of the firm)

4. No. and date of order of competent authority' against which appeal is preferred

5. Ground of appeal

6. Evidence of payment of fee for appeal

7. In case of appeal preferred after 30 days of order the reasons of delay.

8. Whether the appellant desires to be heard in person or through pleader;

9. Any additional information the appellant desires to furnish

Date of filing the appeal petition

Form 'K'

(See Rule 12)

1. Name of applicant

2. Address

3. Father's name (in case of firm name and Address of the partners and persons holding power of attorney to act on behalf of the firm)

4. No. and date of order of appellant authority against which application is filed.

5. Ground of revision

6. Evidence of payment of fee for application.

7. No. and date of order by competent authority against which revision is preferred.

8. Any additional information the revisionist desires to furnish

Form 'L'

(See Rule 9 (4) (a))

To

M/s.

Address

Sir/Madam.

Take notice that the following properties which were involved in an offence committed under the Andhra Pradesh Mineral Dealers Rules 2000 on ......................... and sized by Sri........................... (Designation)........................at.........................will be confiscated by.....................(place occurrence of offence)........the undersigned.

You are hereby informed that you may, submit a written representation and request for a personal hearing, within 3 days from the date of issue of this notice, failing which the matter will be decided exparte.