In exercise of the
powers conferred by Section 23(C) of the Mines and Minerals (Development and
Regulation) Act, 1957 (Act 67 of 1957), the Governor of Andhra Pradesh hereby
makes the following rules to regulate the possession, storage, trading and
transport of minerals and mineral products and to check the evasion of royalty
or seigniorage fee, stopping of illegal mining and quarrying and transportation
in the State of Andhra Pradesh and for the purposes connected therewith. (1)
These
rules may be called "The Andhra Pradesh Mineral Dealer's Rules,
2000". (2)
It
extends to the entire state of Andhra Pradesh. (3)
It
shall come into force on such date as the State Government may by notification
in the Official Gazette notify. (1)
In
these rules, unless the context otherwise requires:-- (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)
[1][""Dealer"
means any person who carries on the business of buying, selling, supplying,
transporting, distributing or delivering for sale of minerals and mineral
products and includes. (a)
Person
who buy and process mineral or mineral products for sale or for utilisation for
their own purposes. (b)
Any
person who holds a mining lease or a quarry lease granted under the Mineral
Concession Rules, 1960 or the A.P. Minor Mineral Concession Rules, 1966 issued
by the Government. framed under the Mines and Minerals (Development and
Regulation Act, 1957)"]. (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)
[2]["Mineral" means, minerals of all types and
varieties including precious and Semi-precious and un-cut stones and
minor minerals as specified in Section 3(e) of the Mines and Minerals (Development
and Regulation) Act, 1957 (Central Act 67 of 1957) for the purposes of these
rules. Explanation:- Minerals shall not cease to be
minerals by reason of being subjected to any process like crushing burning,
breaking, drying, cutting, polishing, pulverising or any other procedure
intended to make the mineral fit or suitable for sale or consumption"]. (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 test 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 thereunder by a carrier which is
issued to a Mineral Dealer; and (s) "Year" means financial year from
1st April to 31st March; (2)
Terms
not defined in these rules will have the meaning assigned to them under the Act
or the rules framed thereunder. (1)
[3]["A11 dealers
shall register themselves as dealers with the Mines and Geology Department of
the Government of Andhra Pradesh as per the procedure indicated in the
following Rules. (2)
No
person other than a dealer or a mining lease holder shall buy or sell or offer
for sale or engage in any transaction of buying and selling any mineral at any
place or transport mineral for purposes of sale or consumption without being
registered as dealer. Provided that no person purchasing and
transporting minerals for use or consumption by himself, (where such user or
consumption does not involve any commercial activity) and any holder of a
mining lease or a quarry lease in respect of the minerals for which he holds a
lease, shall be required to register himself as a dealer"]. (1)
[4]["Any person
desirous of being registered as a dealer shall apply in Form "A" to
the Deputy Director of Mines & Geology of the region or any other
authority, nominated for this purpose from time to time by the State
Government. The application may be submitted in quaduplicate in the Office of
the Assistant Director of Mines & Geology of the concerned area"]. (2)
Every
application made under sub-rule (1) shall be accompanied by (a)
A
fee of Rs. 1000/- (Rupees one thousand only) payable through treasury challan
under the following head of account: "0853 - Non-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. (3)
On
receipt of application for Registration, the Deputy Director of Mines and
Geology shall acknowledge the receipt within five (5) days in Form 'B'.
Acknowledgement shall be sent to the applicant by Registered Post. (1)
The
Dy. Director of Mines and Geology shall maintain a register in his office in
Form-C wherein he will make necessary entries about the application immediately
after its receipt and its disposal in due course. (2)
The
Deputy Director of Mines and Geology shall grant a dealers registration in
Form-D for a period of five (5) years within thirty (30) days from the date of
receipt of the application. In case of refusal or rejection of the application,
the reasons shall be recorded in writing and communicate to the applicant
within thirty (30) days from the date of receipt of the application. (3)
Application
for renewal shall be made to the Dy. Director of Mines and Geology ninety (90)
days prior to the date of expiry of the existing registration. If orders of
renewal are not passed before the expiry, it is deemed to have been renewed for
a period of one year. (1)
No
person shall transport or otherwise remove or carry away any mineral from any
place without obtaining a transit pass from the Deputy Director of Mines &
Geology concerned. Persons desiring such passes should file an application
before the Deputy Director of Mines & Geology in Form - "E" duly
specifying all the particulars prescribed therein"). (2)
[6]["The
application shall be accompanied by a copy of the permit showing payment of
royalty/seigniorage on such mineral or other adequate proof of such
payment"). (3)
On
receipt of an application under sub-rule (1), the Dy. Director of Mines and
Geology may grant Transit Pass in Form-G for such period and subject to such
terms and conditions as prescribed by him or may refuse to grant Transit Pass
for reasons to be recorded in writing and communicated to the applicant. (4)
Any
person who transports the mineral and who is required to carry a Transit Pass
shall on demand produce such pass to any officer authorised in this behalf. The registration shall be granted in Form-D
subject to the following conditions:-- (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 [7][x
x x) to different destinations in Form-F. (3)
[8]["All Traders in
minerals should be registered as dealers. However, in the case of dealers who
deal exclusively with imported minerals of a variety not available in the
State, no inspection of the units outside the State from which the minerals are
secured will be done. The traders, however, should file quarterly statements of
their minerals imported into the State on produce proof of payment of any entry
tax or other tax leviable by the State of Andhra Pradesh whenever called upon
to do so]." (4)
The
dealer shall submit copies of the Form-E to the Dy. Director of Mines and
Geology 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 Dy. Director of Mines and Geology 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 Dy. Director of Mines and Geology by the 5th of succeeding month. (7)
[9][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. However,
such inspections are restricted to first conversion point. If any inspections
have to be made at the second conversion point, the prior permission of the
concerned Joint Director of Mines & Geology should be obtained"]. (8)
Every
dealer shall allow any officer authorised by the Director or his nominee
nominated by him to enter and 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. (10)
The
State Government shall be empowered to issue any executive instructions as and
when necessary for proper implementation of the Act and the rules made
thereunder". (1)
Any
person who contravenes any of the provisions of these rules, or buys or sells
or stores minerals except under and in accordance with the dealer's
registration or who transports the minerals except in his transit pass shall be
punishable with a fine of: (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. (3)
any
person who buys or sells minerals except under and in accordance with the
registration shall be punishable with a fine which may extend to Rs. 25,000/-
or imprisonment for a term which may extend to one year or with both. (4)
Any
person who transports minerals except according to the route specified in his
transit pass or permit except at a place specified in the pass shall be
punishable with an imprisonment for one year or fine which may extend to Rs.
25,000/- or with both. (5)
Whoever
intentionally obstructs the competent authority or any other officer in
performing his duties (is imposing penalties etc.,) under these rules shall be
punishable with an imprisonment for a term which may extend to 6 months or fine
which may extend to Rs. 10,000/- or with both. (1)
Every
dealer or person permitted to stock, sell or transport shall allow any officer
authorised by the Government or competent authority to enter and inspect any
premises where the mineral is kept or stored or transported. (2)
The
competent authority or authorised officer may search any place in which he has
a reason to believe that an offence under these rules is being committed and
seize any stock of mineral. (4)
Every
officer seizing mineral under these rules shall prepare a list of minerals so
seized and deliver a copy thereof signed by him to the person found in
possession of such minerals. He shall keep such property under his custody with
proper official seal and with detailed information in Form-I. (5)
When
any mineral or property seized is produced before the competent authority and
he is satisfied that under these rules an offence is committed, he may order
confiscation of mineral and other properties used in committing such offence
subject to the condition that:-- (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. The authorised officer shall keep the seized
material or properties under the custody of an institution belonging to Government
or any responsible official of the Government as far as possible. The
authorised officer may also in certain special circumstances at his own risk
and responsibility keep the seized property in the custody of a third party for
a period of one week or until the penalties are remitted whichever is earlier.
If the penalties are not paid within a week, the seized properties shall become
the Government property and the same will be auctioned as per the procedure. (1)
Any
person aggrieved by an order of the Deputy Director of Mines and Geology or
authorised officer for a particular action under these rules may within thirty
(30) days from the date of communication of the order prefer an appeal in Form
- J to the Director of Mines and Geology. (2)
Every
application for an appeal shall be accompanied with a fee of Rs. 200/- (Rupees
two hundred only) to be deposited under the Head of Account mentioned in
sub-rule (2) of Rule 4. The appeal shall be disposed off by the appellant
authority within a period of one month from the date of its receipt. (3)
The
appellant authority may for sufficient reason condone the delay in filing of
appeals. (1)
Any
person aggrieved by an order passed on an appeal under these rules may file an
application for revision before the State Government within thirty (30) days
from the date of communication of such order in Form - K. (2)
Every
Revision application shall be accompanied with a fee of Rs. 500/- (Rupees five
hundred only) to be deposited in Government. Treasury under Head of Account as
mentioned in sub-rule (2) of Rule 4. (3)
The
Government may for sufficient reasons condone the delay in submission of
revision application. [1] Subs. by G.O.Ms. No.
330, I & C (MI), 14-6-2001 [2] Subs. by G.O.Ms. No.
330, I & C (MI), 14-6-2001 [3] Subs. by G.O.Ms. No.
330, I & C (MI), 14-6-2001 [4] Subs. by G.O.Ms. No.
330, I & C (MI), 14-6-2001 [5] The word
"Daily" omitted by G.O.Ms. No. 330, I & C (MI), 14-6-2001 [6] The word
"Daily" omitted by G.O.Ms. No. 330, I & C (MI), 14-6-2001 [7] Subs. by G.O.Ms. No.
330, I & C (MI), 14-6-2001 [8] The word
"Daily" omitted by G.O.Ms. No. 330, I & C (MI), 14-6-2001 [9] The word
"Daily" omitted by G.O.Ms. No. 330, I & C (MI), 14-6-2001ANDHRA PRADESH MINERAL DEALERS
RULES, 2000
PREAMBLE