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Karnataka Minor Mineral Concession (Amendment) Rules, 2024 (1)

Karnataka Minor Mineral Concession (Amendment) Rules, 2024 (1)

Karnataka Minor Mineral Concession (Amendment) Rules, 2024

[30th December 2024]

PREAMBLE

In exercise of the powers conferred by section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957), the Government of Karnataka, hereby makes the following rules further to amend the Karnataka Minor Mineral Concession Rules, 1994, namely:-

Rule 1. Title and commencement.

(1)     These rules may be called the Karnataka Minor Mineral Concession (Amendment) Rules, 2024.

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

Rule 2. Amendment of rule 2.

In the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as said rules), in rule 2, in sub-rule (1),-

(i)       clause (g-1) shall be omitted;

(ii)      for clause (m-7), the following shall be substituted, namely:-

"(m-7) "Tenderer" means a person, persons or Registered Societies or Firm or Company submitting tender against the invitation of tender;"

Rule 3. Amendment of rule 3-A.

In the said rules, in rule 3-A,-

(i)       after the words "Chapter II-A", the words, figures, brackets and punctuations, "except sand, specified minor mineral and 31 transfer minerals as specified vide notification No. S.O. 423 (E) dated:10.02.2015" shall be inserted;

(ii)      in clause (a),-

(a)      for sub-clause (iv) the following shall be substituted, namely:-

"(iv) leveling of any lands by a land owner within his own land and disposal of the minor mineral (except sand, specified minor mineral and 31 transfer minerals as specified vide notification No. S.O. 423 (E) dated:10.02.2015) extracted there of:"

(b)      after sub-clause (iv) so substituted, the following proviso shall be inserted at the end, namely:-

"Provided that, except sub-clause (i) and (ii), prior working permission shall be obtained from the jurisdictional Deputy Director or Senior Geologist before commencement of extraction of minor mineral and the working permission period shall be twelve months from the date of granting permission.

Provided further that, the concerned Department shall intimate in writing to the jurisdictional Deputy Director or Senior Geologist, Department of Mines and Geology, about works undertaking which are covered under sub-clause (iii), request to grant working permission to project proponent if the extracted minor mineral is sold or disposed by the project proponent to other purpose with valid mineral dispatch permit.

Provided also that, no royalty or Additional Payment and District Mineral Foundation Trust Fund shall be charged for the minor mineral extracted by land owner from his own land for meeting bona-fide requirements. If the minor mineral is the remains after self-consumption for bonafide usage by the land owner with his own land and if he intends to sell or dispose excess minor mineral, he shall pay in advance the royalty, Additional Payment and District Mineral Foundation Trust Fund and transport of the minor mineral shall be undertaken only with a valid Mineral Dispatch Permit within the working permission period."

(iii)     for clause (b), the following shall be substituted, namely:-

"(b)  Removal of fullers earth or murram or laterite brick extraction from the agricultural land for betterment purpose by the occupant himself, subject to certification by the agriculture department to the effect and subject to the condition that such activity shall not render the land less fit for cultivation than before and also the mineral shall be removed in a manner that does not pose danger to the neighboring lands."

(iv)    in sub-clause (c), for the first and second proviso, the following shall be substituted, namely:-

"Provided that, except sub-clause (ii) and (iii) of clause (a) above, prior working permission shall be obtained from the jurisdictional Deputy Director or Senior Geologist before commencement of extraction of minor mineral and that removal of minor mineral shall be done within a period of twelve months of date of grant of permission.

Provided further that, the royalty, fee and District Mineral Foundation Trust Fund shall not be charged for the minor mineral extracted by land owner from his own land for meeting self-consumption. If the minor mineral is the remains after self-consumption or bonafide usage by the land owner with his own land or projects proponents from project sites and if he intends to sell the excess mineral, he shall pay royalty, fee for the mineral as specified in Schedule-II-D, notified by the Government and District Mineral Foundation Trust Fund and transportation of the minor mineral shall be undertaken only with a valid Mineral Dispatch Permit within the working permission period.

Provided also that, the minor mineral excavated in project sites like Airports, Railways, National highway, State highway and industrial developmental areas or sites and utilised for self-consumption or commercial development or sell or dispose excess minor mineral by the project proponent shall pay in advance the royalty, fee for the mineral specified in Schedule-II-D, notified by the Government and District Mineral Foundation Trust Fund for mineral so utilized or disposed within the working permission period."

Rule 4. Amendment of rule 3-B.

In the said rules, in rule 3-B, in sub-rule (1), for the words "recommendation of the District Task force and approval of the State Government", the words and brackets "recommendations of the District Task Force (Mines) Committee and approval of the Director" shall be substituted.

Rule 5. Amendment of rule 3-E.

In the said rules, in rule 3-E, in sub-rule (3), after clause (b), the following shall be inserted, namely:-

"(c)  Notwithstanding anything contained in these rules, the following applications may be consider by the competent authority for inclusion of new or different minor mineral discovered in quarry lease or licence area, namely:-

(i)       Cases where the application or request was made by the lessee or licensee within the expiry of such lease or licence period or in case of expiry of lease or licence during pending consideration of renewal application to the Competent Authority for the extraction of new or different minor mineral has been identified by him or the Jurisdictional Mines and Geology Officers in quarry lease or license granted prior to the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016:

Provided that if the validity of quarry lease or licence are in currency or has been expired and renewal applications of expired lease or licence has been pending before commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, in such cases new or different minor mineral may be included in the lease or licence deed in accordance with the provisions of these rules.

(ii)      Cases where the non-specified minor mineral renewal applications are pending due to discovery of specified minor mineral before the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, dated:12.08.2016 and the jurisdictional Deputy director or senior geologist given notice to the lessee or licensee make an application for obtaining lease or licence for extraction of specified minor mineral.

(iii)     Cases where the application filed for extraction of discovered new or different minor mineral in the quarry lease or licence under rule 30 that existed before commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, such applications may be considered for grant of quarry lease or license."

5. Amendment of rule 3-F

In the said rules, for rule 3-F, the following shall be substituted, namely:-

"3-F. Exemption of certain rules in case of ordinary building stone. -

(1)     Notwithstanding anything contrary contained in Chapter IV-A and schedule II-A of these rules, a quarry lease shall be granted for extraction of building stones manually, of extent two acres and below in case of individuals and five acres and below in case of Registered Societies having all the members belonging to schedule caste or schedule tribes or economically weaker section or schedule caste, schedule tribes, economically weaker section and whose livelihood is dependent on quarrying of building stone by tradition in the lands belonging to the State Government, in accordance with the provisions of these rules.

(2)     Every application for grant of quarry leases as specified in sub-rule (1) shall be made in Form-AQL along with the documents specified in the form to the jurisdictional Deputy Director or Senior Geologist of Department of Mines and Geology shall be accompanied by non-refundable application fee of rupees one thousand, in the form of treasury challan:

Provided that, the Tahsildar of the concerned taluk in which the person resides or where the registered society of such person is located shall be competent to certify with regard to the eligibility of person or registered society of such persons belongings to traditional quarry operators or economically weaker section.

Provided further that, no person or registered society shall be eligible for making application for quarrying lease to be granted under this rule, if he or a member of his family or if the concerned registered society, as the case may be, already holds another quarrying lease in the District or anywhere else in the State of Karnataka.

(3)     The application received as specified in sub-rule (1) and (2) shall be considered in the order of following priorities, namely:-

(i)       Registered Societies having all the members belonging to schedule caste or schedule tribes or economically weaker section or schedule caste, schedule tribes, economically weaker section and whose livelihood is dependent on quarrying for ordinary building stone by tradition and who are the nearest residence to the applied area seeking for grant of quarry lease;

Provided that, if more than one application is received for seeking grant of quarry lease under clause (i), the application filed by oldest registered society carrying quarry operation by tradition for livelihood will be prioritised.

(ii)      Individuals belonging to the schedule caste or schedule tribes or economically weaker section and whose livelihood is dependent on quarrying for ordinary building stone by tradition and who are the nearest residents to the applied area seeking for grant of quarry lease.

Provided that, if more than one application is received for seeking grant of quarry lease under clause (ii), the application filed by individuals carrying building stone quarry operation by tradition for livelihood shall be prioritised.

(iii)     Individuals or Registered Societies having all the members belonging to the schedule caste or schedule tribes or economically weaker section whose livelihood is dependent on quarrying for ordinary building stones by tradition and stone who are the residents of the concerned Taluk.

(4)     If more than one applications are eligible after providing priority as specified in sub-rule (3), quarrying lease shall be granted to eligible applicants by way of lottery.

(5)     If more than one application is received over the same area as specified in sub-rule (1) on the same day, preference shall be given to the applicant to the order.

(6)     The applications received seeking for grant of quarry lease under sub-rule (1) and (2) shall be placed before District Task Force (Mines) Committee in its monthly meeting, and obtain opinion from concerned Department Officers as specified in sub-rule (5) of rule 8, for grant of quarry lease and record in the proceedings of the meeting.

(7)     Based on the recommendations of the District Task Force (Mines) Committee the jurisdictional Deputy Director or Senior Geologist shall grant a quarry lease under rule 16.

(8)     After obtaining approved quarrying plan and Environmental Clearances quarry lease deed shall be executed in favour of grantee.

(9)     The period for which a quarrying lease may be granted under this rule for a period of thirty years and may be further extended for a period of ten years, subject to mineral availability and workability:

Provided that, if any application received for seeking grant of building stone quarry leases under the provisions of rule 31-ZC of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023, has been overlap to the areas which are feasible for extraction of building stone by traditional quarry operators manually, shall not be considered and in such cases areas shall be reserved for grant of quarry lease under rule 3-F by the District Task Force Committee."

Rule 6. Amendment of rule 6.

In the said rules, in rule 6,-

(i)       in sub-rule (2), the following proviso shall be inserted, namely:-

"Provided that, based on the recommendations of the Revenue Department as mentioned in sub-rule (5) of rule 8, foot or cart road or lane which are in village maps shall not be considered as public road if it is not in use by the public or if in use, alternate connectivity road exists and in both circumstances the concerned authority shall make an order for Extinction of rights of public and individuals inor over any foot or cart road or lane not required for use of public."

(ii)      for sub-rule (3), the following shall be substituted, namely:-

"(3) In case of breach by the lessee or licensee or his transferee or assignees of any of the conditions specified in these rules or in the quarrying lease deed or license, the Competent Authority shall require by notice in writing the lessee orlicensee to remedy the breach within thirty days from the date of notice and if the breach is not remedied within such period the Competent Authority may levy a fine of rupees twenty five thousand in the case of non-specified minor minerals and rupees fifty thousand in case of specified minor minerals."

Rule 7. Amendment of rule 8.

In the said rules, in rule 8,-

(i)       in sub-rule(5), for the words "the competent Authority shall before granting or renewing a lease or licence consult". the words "The Commissioner or Director or Jurisdictional Deputy Director or Senior Geologist shall issue a letter to the applicant before granting or renewing a lease or licence and then the applicant shall proceed to obtain the necessary no objection certificate and reports as specified below." shall be substituted.

(ii)      after sub-rule (5), the following proviso shall be inserted, namely:-

"Provided that, in case of applications received under rule 31-ZC of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023, the eligible applicant shall submit no objection certificate and reports within a period of three years from the date of issuing communication letter from the Director or Jurisdictional Deputy Director or Senior Geologist as the case may be. In case of applications received under rule 31-ZC of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, the eligible applicant shall submit no objection certificate and reports within a period of eighteen months from the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2024.

Provided further that, in case of applications, which are eligible for grant of quarry lease as per rule-8-B, the eligible applicant shall submit no objection certificate and reports to the Commissioner or Director or Jurisdictional Deputy Director or Senior Geologist within a period specified in sub-rule (2) of rule 8-B:

Provided also that, if the no objection certificates are not received to the Commissioner or Director or Jurisdictional Deputy Director or Senior Geologist within a period prescribed in the said provisos the application shall be deemed to have been rejected and the area shall be notified for grant of lease through auction.

Note: Nothing in the said provisos shall apply to applications which are received for seeking of quarrying licence under rule 32, however applicant shall submit no objection certificates and reports as specified in sub-rule (5) of rule 8."

(iii)     sub-rule (6) shall be omitted.

Rule 8. Amendment of rule 8-A.

In the said rules, in rule 8-A,-

(i)       in sub-rule (1),-

(a)      for the first proviso, the following shall be substituted, namely:-

"Provided that, notwithstanding anything contained in these rules any mineral which are classified as minor mineral by the Central Government vide notification No. S.O.423(E), dated: 10.02.2015 included in Major Mineral mining leases prior to this notification shall be continued as associated mineral of that mining lease and period shall be co-terminus with mining lease."

(b)      the second and third proviso shall be omitted.

(ii)      in sub-rule (2), after the words "complied by the lessee or licensee", the words "and also subject to the condition that renewal application for the expired lease had been made by the lessee within stipulated time" shall be inserted.

Rule 9. Amendment of rule 8-B.

In the said rules, in rule 8-B,-

(i)       for sub-rule (2), the following shall be substituted, namely:-

"(2) These applications shall be considered for the grant of quarry lease in Form-GL by the competent authority as per the provisions that existed before the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, and operational guidelines issued by the Government and dispose the application within thirty six months from the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023."

(ii)      after sub-rule (3), the following shall be inserted namely:-

"(3-a) Where before the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 a reconnaissance permit or prospecting license has been granted in respect of any land for any mineral, the permit holder or the licensee shall have a right for obtaining a prospecting license followed by quarrying lease, or license, as the case may be, in respect of that mineral in that land, if they have carried out the reconnaissance or prospecting in accordance with the terms and conditions stipulated in their permit or license."

Rule 10. Amendment of rule 8-E.

In the said rules, in rule 8-E, in sub-rule (1), for the letters and figures "Rs.10,000/-," the words "as notified by the Government from time to time" shall be substituted.

Rule 11. Amendment of rule 8-F.

In the said rules, in rule 8-F, in sub-rule (1), for the letters and figures "Rs.1,000/-," the words "as notified by the Government from time to time" shall be substituted.

Rule 12. Amendment of rule 8-G.

In the said rules, in rule 8-E, in sub-rule (1), for the letters and figures "Rs.10,000/-," the words "as notified by the Government from time to time" shall be substituted.

Rule 13. Amendment of rule 8-N.

In the said rules, in rule 8-N, in sub-rule (6), after the words "subject to submission of", the words "approved dump management plan and other necessary documents if necessary within a period of twenty-four months from the commencement of these rules" shall be inserted.

Rule 14. Amendment of rule 8-R.

In the said rules, in rule 8-R, for sub-rule (5), the following shall be substituted, namely:-

"(5) In the interest of systematic and scientific quarrying if the free land or area is available adjacent to the existing lease or licence having an extent of two acres or below such area shall be allotted to lessee or licence through non-auction route subject to submission of necessary clearances or documents as specified in these rules and as per guidelines issued by the State government from time to time:

Provided that, the considered area for grant shall not exceeding ten meters all along the periphery of the existing leased or licensed area.

Provided further that, the area so allotted shall be utilized only for the purpose of maintenance of margin land or buffer zone.

Provided also that, the lessee shall carry out quarrying operation after amalgamation as per rule19-B or common boundary working permission obtain from Director General Mines Safety."

Rule 15. Amendment of rule 15-A.

In the said rules, in rule 15-A, in sub-rule (1), the following proviso shall be substituted, namely:-

"Provided that in case of specified minor mineral the State Government and respective Additional Director or Joint Director of Department of Mines and Geology in case of non-specified minor mineral may, if it is satisfied on the basis of proposed production level, Geological or topographical conditions and if the area falling in cluster approach and reasons to be recorded in writing, grant a lease over an area less than minimum extent specified in Schedule II-A subject to implementation of common environment management plan."

Rule 16. Amendment of rule 15-B.

In the said rules, in rule 15-B, in sub-rule (2), in clause (b),-

(i)       for the words "a registration fee of rupees ten thousand in the form of Treasury Challan", the words "non-refundable registration fee as notified by the Government from time to time" shall be substituted.

(ii)      in the proviso for the words "a registration fee of rupees ten thousand in the form of Treasury Challan", the words "a non-refundable renewal fee as notified by the Government from time to time" shall be substituted.

Rule 17. Amendment of rule 17.

In the said rules, in rule 17,-

(i)       in sub-rule (1), for the words "of rupees two thousand per acres of land", the words "as notified by the Government from time to time" shall be substituted.

(ii)      in sub-rule (3), the words "during the currency of lease or licence period" shall be omitted.

(iii)     After sub-rule (3), the following proviso shall be inserted, namely:-

"Provided that the discrepancy shall be corrected by the competent authority within a period of three years from the date commencement of the Karnataka Minor Mineral Concession (amendment) Rules, 2024."

Rule 18. Amendment of rule 18.

In the said rules, in rule 18, -

(i)       in sub-rule (1), for the provisos, the following shall be substituted, namely:-

"Provided that,-

(i)       on receipt of an revision application in Form-RV from the grantee of quarry lease or licence within a period of ninety days from the date of deemed revocation of grant notification to the Commissioner or Director in case of specified minor mineral and rule 31-ZC or Jurisdictional Additional Director or Joint Director in case of non-specified minor mineral (except rule-31-ZC) may extend the period for execution of quarry lease or licence deed on satisfaction that such delay is entirely for the reasons beyond the control of the grantee of quarry lease or licence;

(ii)      If the period of notification has expired before commencement of these rules the lessee or licence shall apply Revision Application as mentioned in clause (i) within ninety days from the commencement of these rules;

(iii)     If lease or licence not executed within a period prescribed in revision order the grant notification shall be deemed to have been rejected and competent authority shall proceed for fresh grant of lease through auction in case of Govt. lands and in patta lands grant of licence afresh under rule-32;

(iv)    the date of commencement of the period for which a quarry lease or quarry license or prospecting license or composite license is granted shall be the date on which the deed is duly executed;

(v)      the duly executed quarry lease or license deed or prospecting license deed or composite license deed shall be registered with payment of requisite stamp duty in accordance with the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) and a copy of the registered deed shall be furnished by the lessee or licence holder to the Competent Authority;

(vi)    if the lessee fails to register the lease or licence deed within the period prescribed in the Registration Act, 1908 (Central Act 16 of 1908), the competent Authority may condone the delay and for the reasons to be recorded in writing and shall re-execute the lease deed;

(vii)   the Competent Authority shall re-execute the lease or licence deed with effect from the date of execution of lease or licence deed last made;

(viii)  the lessee or licensee shall pay the dead rent, interest and other applicable taxes for the period with effect from the date of execution of lease or licence deed last made up to the date of re-execution of lease or licence deed;

(ix)    after re-execution of the lease deed, the lessee shall register the quarry lease deed within ninety days and submit the copy to the Competent Authority. If the lessee or licensee fails to register the deed within three months, after reexecution of the lease or licence deed the lease shall be considered as cancelled lease;

(x)      unless the deed is registered, no quarrying or prospecting operations shall be commenced, and that the Mineral Dispatch Permits shall not be issued. "

(ii)      sub-rule (3) shall be omitted.

Rule 19. Amendment of rule 19-A.

In the said rules, in rule 19-A, in sub-rule (2), in clause (i), for the words "of rupees twenty-five thousand for quarry lease and quarry licence", the words "as notified by the Government from time to time" shall be substituted.

Rule 20. Amendment of rule 19-B.

In the said rules, in rule 19-B, in sub-rule (1), for the words "of rupees five thousand" the words "a non-refundable fee as notified by the Government from time to time." shall be substituted.

Rule 21. Amendment of rule 19-D.

In the said rules, in rule 19-D, in sub-rule (2), for the words "of one lakh rupees" the words "as notified by the Government from time to time" shall be substituted.

Rule 22. Amendment of rule 31-A.

In the said rules, in rule 31-A, in sub-rule (1), the words and brackets "after obtaining no objection certificate from the concerned authorities prescribed under sub-rule (5) of rule 8" shall be omitted.

Rule 23. Amendment of rule 31-B.

In the said rules, in rule 31-B,-

(i)       for sub-rule (2) and provisos, the following shall be substituted, namely:-

"(2) For the purpose of reservation, the concerned jurisdictional Deputy Director or Senior Geologist shall group the blocks of all the minor minerals specified in Part A and Part B of Schedule I-A separately for the entire district identified for grant of quarry lease through auction and follow the roster system, Similar method of grouping shall separately be adopted for the blocks proposed for grant of composite licence."

(ii)      for sub-rule (3) and the entries relating thereto, the following shall be substituted, namely:-

"(3) After grouping of the blocks as under sub-rule (2), concerned District Task Force Committee shall reserve the blocks so numbered, for auction by way of lottery to the following categories as per percentage mentioned below, namely:-

(i)       Person or registered societies or firm belonging to Scheduled Caste, Scheduled tribes, Person with disabilities (physically challenged) and Others as per the fixed percentage in the roaster points (under every cycle) and as specified by the State Government from time to time.

Provided that the Tahsildar of the concerned Taluk in which the persons reside or where the registered society of such persons is located shall be competent to certify with regard to eligibility of persons or registered society ofsuch persons for the purpose of these rules."

(ii)      Sub-rule (4) shall be omitted.

(iii)     Sub-rule (5) shall be omitted: and

(iv)    In sub-rule (6), after the word, brackets and letter, "clause (i)" the word, brackets and letters "and (ii)" shall be inserted.

Rule 24. Amendment of rule 31-C.

In the said rules, in rule 31-C,-

(i)       for sub-rule (11), the following shall be substituted, namely:-

"(11) On depositing of security amount as per sub-rule (10), letter of intent shall be issued to the successful bidder by the Deputy Director or Senior Geologist of the District requiring him to submit no objection certificate from the concerned authorities prescribed under sub-rule (5) of Rule-8, approved quarrying plan/ simplified quarry plan and such other documents within six months or further six months as Deputy Director or Senior Geologist may allow in this behalf for issue of grant notification."

(ii)      After sub-rule (12), the following proviso shall be inserted, namely:-

"Provided that if Revenue and Forest Department authorities refuses to give no- objection as per sub-rule (5) of rule 8, for blocks which have been auctioned, in such cases the Deputy Director or Senior Geologist of District take necessary action to cancel the auction process of the said block and to refund the security deposit amount to the successful bidder."

Rule 25. Amendment of rule 31-J.

In the said rules, in rule 31-J, in clause (ii), the proviso shall be substituted, namely:-

"Provided that no such lease deed has been executed within the aforesaid period, the Jurisdictional Deputy Director or Senior Geologist may condone the delay for the reasons to be recorded in writing after giving reasonable opportunity to the grantee or successful bidder of lease or composite licence upon the approval of the District Task Force (Mines) Committee."

Rule 26. Amendment of rule 31-R.

In the said rules, in rule 36-R, after sub-rule (7), the following shall be inserted, namely:-

"(7-a) Quarrying, processing, Production, Storage and Sale of Filter Sand in any land is prohibited."

Rule 27. Amendment of rule 31-U.

In the said rules in rule 31-U,-

(i)       for sub-rule (2), the following shall be substituted, namely:-

"(2) The joint inspection team shall submit joint inspection report with clear recommendations to the District sand committee for the purpose of reserving the area for extraction and sale of sand through the Government Department or Corporation or Board belonging to Government or sand blocks disposed through tender or auction."

(ii)      in sub-rule (3) the words, "or for the purpose of the Central Government or the State Government development work or reserving sand blocks for purpose of tender-cumauction" shall be omitted.

(iii)     after sub-rule (3), the following proviso shall be inserted, namely:-

"Provided that the District Sand Committee shall reserve and notify the sand blocks for the purpose of Central or State Government for own development works and for the purpose of sand blocks dispose through tender or auction"

Rule 28. Amendment of rule 31-X.

In the said rules, in rule 31-X, the following proviso shall be inserted at the end, namely:-

"Provided that before commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2021, where auction process has been completed and the quarry lease deed have not been executed so far for sand blocks, such cases may be disposed within twelve months from the date of commencement of these rules."

Rule 29. Amendment of rule 31-ZC.

In the said rules in rule 31-ZC, in sub-rule (1), after the words "established or", the words "existing M-sand unit produce and dispatch m-sand with valid mineral dispatch permit" shall be inserted.

Rule 30. Amendment of rule 36.

In the said rules, in rule 36, the Explanation and entries thereunder shall be omitted.

Rule 31. Amendment of rule 42.

In the said rules, in rule 42, after sub-rule (4) the following proviso shall be inserted namely:-

"Provided that,-

(i)       the Shahabad stone transporting vehicle shall be exempted from installation of Global Positioning System (GPS);

(ii)      the minor mineral transport vehicles shall be registered in integrated lease management system (ILMS) of Department of Mines and Geology for monitoring purpose; and

(iii)     If the mineral transporting vehicle transport mineral without Global Positioning System (GPS) or violations of the conditions as specified by the jurisdictional Deputy Director or Senior Geologist from time to time the owner or person in charge of the vehicle shall liable to pay a penalty as specified below namely:-

SL No

Type of violations

Penalty (in ?)

1

Without GPS

25,000/-

2

Destination not reached

10,000/-

3

Tampering or power Switch off of GPS

5,000/-

4

Any other violations

5,000/-

Rule 32. Amendment of rule 43-A.

In the said rules, in rule 43-A, after sub-rule (1), after the word "stored", the words "or transported or consumed" shall be inserted

Rule 33. Amendment of rule 44.

In the said rules, in rule 44, after sub-rule (5), the following shall be inserted, namely:-

"(6)  If any lessee or licence or his manager, employees, contractors or consumers dispatch or transport mineral exceeding the quantity mentioned in mineral dispatch permit shall be liable to pay a penalty equal to five times the royalty, additional payment or bid premium or additional periodic payment or rate fixed by the Government and District Mineral Foundation Trust Fund."

Rule 34. Amendment of rule 53.

In the said rules, in rule 53,-

(i)       in sub-rule (2), in the proviso, for the word "sixty", the word "ninety" shall be substituted;

(ii)      in sub-rule (2-A), for the word "sixty", the word "ninety" shall be substituted;

(iii)     in sub-rule (3), for the words "of rupees one thousand five hundred", the words "non-refundable fee as notified by the Government from time to time" shall be substituted.

Rule 35. Substitution of Schedule-I-B.

In the said rules, for schedule-I-B and the entries relating thereunder, the following shall be substituted, namely:-

"SCHEDULE I-B

(See sub-rule-2(1)(e-4) and Rule-15-B)

List of Mineral Based Industries

Sl. No.

Name of the Minor Mineral

Mineral Based Industry

1

Dolomite

Crushing and processing unit.

2

Feldspar and Kaolin (crude and processed)

Ceramic Industry

3

Ornamental and Decorative Stones

Granite Cutting and Polishing Units including 100% Export Orient Units

4

Silica Sand and quartz

Glass Industry and Ferro Foundries

5

Ordinary Building Stone and any other minor mineral used for aggregates and M-sand purpose

Stone crushers and M-sand manufacturing units

6

Aggregates and M-sand used in ready mixing concrete purpose

Ready mix concrete plants

7

Aggregates and M-sand used in Hollow blocks and cement blocks manufacturing purpose

Hollow blocks and cement blocks manufacturing industry

8

Clay used for manufacturing Bricks and Tiles

Bricks and Tiles industry

Rule 36. Amendment of Schedule-II-A.

In the said rules, in the schedule-II-A, in serial no. 6, in column 3, for the figure "2", the figure "1" shall be substituted.

Rule 37. Insertion of Schedule II-C and II-D.

In the said rules, after schedule II-B, the following shall be inserted, namely:-

"SCHEDULE II-C

(See Rule-2(1) (a-b) and Rule-36)

Additional payment

Sl. No.

Name of the Minor Mineral

Rate of Additional payment

1

For all minor mineral specified in part-A and part-B granted through non auction route in Government lands, except for leases granted under Rule-3-F

Forty percent of royalty specified in schedule-II

 

SCHEDULE II-D

(See Rule-3-A (a and b)

Fee for the minor mineral extracted under Rule-3-A

Sl. No.

Name of the Minor Mineral

Value of the minor mineral extracted under Rule-3-A

1

For all non-specified minor mineral except sand

Ten percent of the fee specified in schedule-I-C