Andhra Pradesh Minor Mineral Concession Rules,1966- Amendments

Andhra Pradesh Minor Mineral Concession Rules,1966- Amendments

The Government of Andhra Pradesh vide GO- MS No-13 dated 14.03.2022 has notified amendments in the Andhra Pradesh Minor mineral Concession Rules, 1966. The existing Rules 4, 7, 9, 10, 11, 12, 14, 15, 16, 18, 19, 28, 31 & 33 of the AP Minor Mineral Concession Rules, 1966 are affected by these amendments.

Saliant points of these amendments are as under:

§    Mining plan period shall commence from the date of execution of lease deed

§    The financial year in which the lease deed is executed shall be considered as 1st year

§    The Quarry Lease (QL) to be granted through E-Auction after 14.03.2022.

§    For grant of QL in Forest and Patta (Private) Land, the granting authority is Dy Director Mines and Geology.

§  In the case of mineral bearing areas considered for grant of quarry lease other than through e-auction, the Director shall take decision to grant area.

§    Bidder to offer premium for grant of QL

Ø  Premium amount is a sum equivalent to average auction premium amounts derived from the e-auctions conducted in the preceding 12 months, in the same district for the particular mineral as published by Director of Mines & Geology.

Ø  In the absence of  above average premium amount then it should be derived  from the e-auctions conducted in the State for that particular mineral in the preceding 12 months as published by Director of Mines & Geology shall be considered.

Ø  In case, no e-auctions are conducted in the State for that particular mineral, the premium would be an amount equivalent to reserve price as fixed by the Director, for the particular mineral.

Ø  In case of associated minerals, the highest premium amount available for one among the associated minerals shall be considered.

§    Letter of Intent validity:  

Ø  3 years to submit an approved Mining Plan, Environmental Clearances  and Consent  for Establishment

Ø  Extension of a further period of two years as may be allowed by the Deputy Director.

§    In case of Pattadar (Private land owner) is applying for grant of QL then he should own the land or has 51 percent equity/share in the company.

§    Ineligibility of Mineral Concessions:  

Ø   All mineral concession applications for minor minerals except for the mineral bearing areas covered under sub-rule 12 (l) received for grant prior to the date of commencement of the Andhra Pradesh Minor Mineral Auction Rules, 2022 shall become ineligible

Ø   Provided that the applications where notices (LOIs) were issued requesting for submission of Approved Mining Plan, Environmental Clearance and Consent for Establishment shall be disposed of in accordance with these rules. when the LOI holder fails to submit the AMP, EC and CFE within the stipulated time or in the extended period.

§    Renewal of QL fees is now Rs 5000.

§    Validity of QL granted before commencement of APMMAR,2022

Ø  20 years All quarry leases, for the minerals mentioned in Rule 12(5)(a)(i), granted before the commencement of Andhra Pradesh Minor Mineral Auction Rules 2022 (APMMAR 2022), shall be deemed to have been granted for period of twenty (20) years.

Ø  Non captive mines extended up to 31st march, 2023

Ø  Captive leases- 20 years with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, or, twenty (20) years from the date of initial grant of such lease, whichever is later.

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APMMCR,1966

1.       for sub rule 12 (1), the following shall be substituted, namely,-

         "(1) A Quarry Lease for the minerals except Ordinary Sand, Granite, Marble and 31 Minerals declared as minor minerals vide GSR No.423(E), dt:10.02.2015 issued by Ministry of Mines, Govt of India, New Delhi, where mineral bearing areas are falling in Forest land, Pattalands (wherever Pattadars intend to undertake quarrying themselves) and areas reserved in favour of State/ Central PSUs, shall be granted by the Deputy Director, on an application made to the Assistant Director of Mines and Geology concerned in Form B 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.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.

           Provided that such application may be filed by Pattadar individually or through a company/partnership firm/LLP/ Proprietorship firm where such pattadar shall hold more than 51% of equity/shares, as the case may be.

 

          The application for grant of Q.L. for mineral bearing areas falling in forest areas / lands owned by Other Government Institutions viz. Endowment lands, Waqf boards etc shall be disposed off by the Deputy Director concerned made in accordance with the procedure laid down in these rules.

 

-Rajesh Deoliya

17.03.2022

  

   

Comments

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