[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. (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. 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" 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.". In
the said rules, in the FOURTH SCHEDULE, for the provisions against Rule 33, the
following shall be substituted, namely. ?Rule
Limit
Authorized
officer Limit 33
Power
to grant permission for lifting/ transportation of mineral. Mining
Officer upto 10,000 Metric Tonnes per month at a time and not exceeding
20,000 MT per work. State
Geologist upto 30,000 Metric Tonnes per month. Director
of Industries more than 30,000 and up to 50,000 metric Tonnes per month and
above 50,000 Metric Tonnes by the Government. Within
the jurisdiction of concerned Mining office. Throughout
the State of Himachal Pradesh. Throughout
the State of Himachal Pradesh.? Himachal
Pradesh Minor Minerals (Concession) And Minerals (Prevention Of Illegal Mining,
Transportation And Storage) Fourth Amendment Rules, 2022