Himachal Pradesh Minor Minerals (Concession) And Minerals (Prevention Of Illegal Mining, Transportation And Storage) Fourth Amendment Rules, 2022

[10 February 2022]

No. Ind-II(F)6-14/2014-Vol-I.-In exercise of the power conferred by Section 15 read with Section 23 C of the Mines and Minerals (Development and Regulation) Act, 1957, the Governor, Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 notified vide this department's notification No. Ind-II(F)6-14/2014, dated 13-03-2015 and published in the Rajpatra, Himachal Pradesh dated 21-03-2015, namely.

Rule - 1. Short title and commencement.

(1)     These rules may be called the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Fourth Amendment Rules, 2022.

(2)     These rules shall come into force from the date of their publication in the Rajpatra (e-gazette), Himachal Pradesh.

Rule - 2. Amendment of rule 33.

In rule 33 of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 (hereinafter referred to as the said rules),

(a)      after sub-rule (1), the following shall be inserted, namely.

"(1A) In case of works relating to construction of roads by different departments/ agencies of State Government, the Mining Officer may grant permission for use of minor minerals generated during the construction of such works, exclusively for captive use (in-situ) in the same work i.e. construction of road including retaining walls, breast walls, soling etc., upto the extent of 10,000 MT per month at a time and not exceeding 20,000 MT per work on the report of Engineer-in-charge of the work not below the rank of Assistant Engineer."; and

(b)      for clause (iii) of sub -rule (2), the following shall be substituted, namely.

" (iii) the permission shall be granted only for lifting /transportation of such stock which has been assessed by the Committee or on the report of Engineer-in-charge of the work not below the rank of Assistant Engineer, as the case may be; and"

Rule - 3. Insertion of rule 81-A.

In the said rules, after rule 81, the following rule shall be inserted, namely.

"81-A, Any person, not being a mining lease holder and not in contravention of Rule 72,75,79 and 80, if could not produce transit pass after the stage of transit, shall be liable to pay royalty at the applicable rates and penalty @ 25% of the royalty.".

Rule - 4. Amendment of FOURTH SCHEDULE.

In the said rules, in the FOURTH SCHEDULE, for the provisions against Rule 33, the following shall be substituted, namely.