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
|