ASSAM MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2021

PREAMBLE

In exercise of the powers conferred by the sub-section (1) of section 15 and section 23C of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957), the Governor of Assam is hereby pleased to make the following rules further to amend the Assam Minor Mineral Concession Rules, 2013, hereinafter referred to as the principal Rules, in the manner hereinafter appearing, namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Assam Minor Mineral Concession (Amendment) Rules, 2021.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Amendment of rule 5.

in the principal Rules, in Rule 5, for the existing the sub-rule (3), the following shall be substituted, namely:-

"(3) (i) The minor minerals, when shall be used or consumed by Government Departments, the rates of Royalties shall be paid as per the rates prescribed in the Third Schedule appended to these rules and other Ancillary Charges as shall be notified by Government, shall be deducted by the Government Departments through the Treasury in proportionate rate to the percentage of the total cost of project excluding taxes as GST, IT etc.

The minor minerals, when shall be used or consumed by Government Agencies the rates of Royalties shall be deducted as per the rates prescribed in the Third Schedule appended to these rules and other Ancillary Charges as shall be notified by Government, at the time of payment of bills of contractors or suppliers in proportionate rate to the percentage of the total cost of project excluding taxes as GST, IT etc. and thereafter shall deposit in the appropriate Head of Account or Bank Account as shall be notified by Government for the said purpose..

(ii) The minor minerals, when shall be used or consumed by Central Government Departments or any of their Agencies, the rates of Royalties shall be paid as per the rates prescribed in the Third Schedule appended to these rules and other Ancillary Charges as shall be notified by Government. Such Departments or Agencies shall ensure that prescribed Royalties and ancillary charges have been paid by the Contractors/Suppliers/Agencies before making final payment against their bills.

(iii) urban local bodies shall collect Royalty as prescribed in the Third Schedule in 4 (four) equal instalments. The first instalment shall be collected at the time of granting of building construction permission, the next two instalments during construction and the final instalment on completion of the construction works. The Royalties as collected by the Urban Local Bodies shall be deposited the Head of Account or Bank account as shall be notified by the Government.

In rural areas, the existing procedure of making payments of Royalties shall continue.

(iv) The rates as appended in the Third Schedule and process as prescribed above shall be applicable to fresh tenders only."

Rule - 3. Amendment of rule 8.

In the principal Rules, in rule 8, in sub-rule (6), in between the punctuation mark and figure "(6)" and the word "The lessee" the punctuation mark and figure "(i)" shall be inserted and thereafter at the end of clause (i) the following new clauses shall be inserted, namely:-

"(ii) The minor minerals, when shall be used or consumed by Government Departments, the rates of Royalties shall be paid as per the rates prescribed in the Third Schedule appended to these rules and other Ancillary Charges as shall be notified by Government, shall be deducted by the Government Departments through the Treasury in proportionate rate to the percentage of the total cost of project excluding taxes as GST, IT etc.

The minor minerals, when shall be used or consumed by Government Agencies the rates of Royalties shall be deducted as per the rates prescribed in the Third Schedule appended to these rules and other Ancillary Charges as shall be notified by Government, at the time of payment of bills of contractors or suppliers in proportionate rate to the percentage of the total cost of project excluding taxes as GST, IT etc. and thereafter shall deposit in the appropriate Head of Account or Bank Account as shall be notified by Government for the said purpose.

(iii)   The minor minerals, when shall be used or consumed by Central Government Departments or any of their Agencies, the rates of Royalties shall be paid as per the rates prescribed in the Third Schedule appended to these rules and other Ancillary Charges as shall be notified by Government. Such Departments or Agencies shall ensure that prescribed Royalties and ancillary charges have been paid by the Contractors/Suppliers/Agencies before making final payment against their bills.

(iv)   Urban local bodies shall collect Royalty as prescribed in the Third Schedule in 4 (four) equal instalments. The first instalment shall be collected at the time of granting of building construction permission, the next two instalments during construction and the final instalment on completion of the construction works. The Royalties as collected by the Urban Local Bodies shall be deposited the Head of Account or Bank account as shall be notified by the Government.

In rural areas, the existing procedure of making payments of Royalties shall continue.

(v)  The rates as appended in the Third Schedule and process as prescribed above shall be applicable to fresh tenders only."

Rule - 4. Amendment of rule 27.

In the principal Rules, in rule 27, in sub-rule (4), in between the punctuation mark and figure "(4)" and the word "The Royalty", the punctuation mark and figure "(i)" shall be inserted and thereafter at the end of clause (i) the following new clauses shall be inserted, namely:-

"(ii)  Ordinary Earth/Clay, when shall be used or consumed by Government Departments, the rates of Royalties shall be paid as per the rates prescribed in the Third Schedule appended to these rules and other Ancillary Charges as shall be notified by Government, shall be deducted by the Government Departments through the Treasury in proportionate rate to the percentage of the total cost of project excluding taxes as GST, IT etc.

The minor minerals, when shall be used or consumed by Government Agencies the rates of Royalties shall be deducted as per the rates prescribed in the Third Schedule appended to these rules and other Ancillary Charges as shall be notified by Government, at the time of payment of bills of contractors or suppliers in proportionate rate to the percentage of the total cost of project excluding taxes as GST, IT etc. and thereafter shall deposit in the appropriate Head of Account or Bank Account as shall be notified by Government for the said purpose.

(iii) The minor minerals, when shall be used or consumed by Central Government Departments or any of their Agencies, the rates of Royalties shall be paid as per the rates prescribed in the Third Schedule appended to these rules and other Ancillary Charges as shall be notified by Government. Such Departments or Agencies shall ensure that prescribed Royalties and ancillary charges have been paid by the Contractors/Suppliers/Agencies before making final payment against their bills.

(iv)  Urban local bodies shall collect Royalty as prescribed in the Third schedule in 4 (four) equal instalments. The first instalment shall be collected at the time of granting of building construction permission, the next two instalments during construction and the final instalment on completion of the construction works. The Royalties as collected by the Urban Local Bodies shall be deposited in the Head of Account or Bank account as shall be notified by the Government.

In rural areas, the existing procedure of making payments of Royalties shall continue.

(v)   The rates as appended in the Third Schedule and process as prescribed above shall be applicable to fresh tenders only."

Rule - 5.

In the principal Rules, after the Second Schedule, the following new Schedule shall be inserted, namely:-

"THIRD SCHEDULE

Appropriate amount of Royalty to be deducted by Government user agencies (See Rule 5(3), 8(6) and 27(4))