In exercise
of the powers conferred under section 9(B), section 15 and section 23(c) of
Mines and Minerals (Development and Regulation) Act 1957 (No. 67 of 1957),
State Government makes following Rules, namely:- CHAPTER I PRELIMINARY (1)
These rules may be called the Madhya Pradesh
Sand Rule, 2018. (2)
They shall extend to whole State of Madhya
Pradesh. (3)
They shall come into force from the date of
publication of this notification in the official gazette. (1)
In these rules unless the context otherwise
requires,- (a)
"Act" means the Mines and Minerals
(Development and Regulation) Act, 1957 (No. 67 of 1957); (b)
"Chairman, Nagar Palika/Nagar
Parishad" and "Chief Municipal Officer" shall have the same
meaning respectively as assigned to them in the Madhya Pradesh Municipalities
Act, 1961 (No. 37 of 1961); (c)
"District Mineral Foundation" shall
have the same meaning as assigned to it in the Madhya Pradesh District Mineral
Foundation Rule, 2016; (d)
"Form" means the forms appended to
these rules; (e)
"Government" means the Government
of Madhya Pradesh; (f)
"Gram Panchayat", "Janpad
Panchayat", "Zila Panchayat" and "Gram Sabha" shall
have the same meanings respectively as assigned to them in the Madhya Pradesh
Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (No, 1 of 1994); (g)
"Licensee" means holder of storage
cum trading license or trading license or storage license granted under these
rules; (h)
"Licensing Officer" means such
officer who has been authorised to grant license under these rules; (i)
"Mayor"/"Commissioner,
Municipal Corporation" shall have the same meaning respectively as
assigned to them in the Madhya Pradesh Municipal Corporation Act, 1956; (j)
"Nagar Nigam" shall have the same
meaning as assigned to them in the Madhya Pradesh Municipal Corporation Act,
1956; (k)
"Nagar Palika", "Nagar
Parishad" shall have the same meanings respectively as assigned to them in
the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961); (l)
"Prescribed" means instructions
issued by the State Government in the form of circular which shall be published
in the State Gazette; (m)
"Sale - Memo" means "Sale -
Memo" issue under Rule 19(1)(viii); (n)
"Sand Mineral" means Ordinary
Sand/Bajri as mentioned in Clause 3(e) of Mines and Minerals (Development and
Regulation) Act 1957; (o)
"Storage cum Trading License or Trading
License" means license granted under rule 17 for storage and trading of
sand or for trading without storing it; (p)
"Storage License" means license
granted under rule 18 for storage of sand mineral; (q)
"Storage Place" means such place
where sand is stored; (r)
"Urban Local Body" means Nagar
Nigam, Nagar Palika, Nagar Parishad as the conditions may be; (s)
"Water User Association" shall have
the same meaning as assigned to it in Madhya Pradesh SinchaiPrabandh me
Krishakon ki BhagidariAdhiniyam, 1999; (2)
The words and expressions used but not
defined in these rules shall have the same meaning as assigned to them in Act
or rules made there under. The following restrictions shall be
applied in regard of sand:- (1)
No vehicle shall enter in the declared sand
quarry without the entry letter as prescribed and nor shall take the sand in
excess of quantity, permitted in entry letter from the quarry area. (2)
No person shall store, sand mineral for
commercial purpose or own use without license granted under these rules: Provided that license shall not be
required for storing sand for self use, upto 50 cubic meters in own land. Clarification:- self use means uses in
own construction. In which storing of sand used by colonizer or construction
contractor for colony/construction works, shall not be included. (3)
No contract shall be given for the sand
quarry allotted to Gram Panchayat/Local Body for operation. (4)
Entry of vehicle, without mounting of
instrument of G.P.S or of equivalent technique as prescribed, in stockyard and
quarry shall be prohibited, after the date notified by the State Government. (5)
Extraction/Removal of sand from the following
areas shall be prohibited and shall not be extracted or removed,- (i)
within 200 meter from any bridge. (ii)
within 200 meter upstream and downstream
areas of any water supply scheme or water resources scheme (iii)
within 100 meters from the edge of national
highway and railway line, (iv)
within 50 meter from any reservoir, canal or
building. (v)
within 50 meters from the edge of the state
highway and 10 meters from the edge of other roads. (vi)
within a fixed distance from any area which
has been built to control the flood, (vii)
within 200 meter distances or the distance
provided in rule/act, from the places of cultural, religious, historical and
archaeological importance places, (viii)
Such areas which have been declared
prohibited by the collector due to environmental or other reason. Provided that prior to commencement of
these Rules the sand quarry declared under Madhya Pradesh Minor Mineral Rule,
1996 shall deem to be declared under these rules. (6)
Machine shall not be used for mining of sand
in the sand quarry sanctioned in the bank of Narmada River. (1)
The Gram Panchayats, Janpad Panchayats, Zila
Panchayats and Water user associations may take sand without depositing royalty
and administrative charges for the works being done by themselves, as per the
prescribed procedure. Provided that if the work for the Gram
Panchayats, Janpad Panchayats, Zila Panchayat, sand Water user associations is
done by the contractor this exemption will not applied (2)
The collector will declare open area to, such
areas where it is not possible to quarry sand commercially as prescribed, from
where the Members of Scheduled Castes/Scheduled Tribes, farmers, labours
engaged in agriculture works and the hereditary kumhars may carry sand for own
use, without entry letter or without paying royalty and contribution to
District Mineral Foundation. Sale of this shall be prohibited. CHAPTER – II IDENTIFICATION
OF SAND QUARRIES, DECLARATION AND ESTIMATION OF QUANTITY OF SAND IN GOVERNMENT
LAND (1)
The Identification of the Sand quarries shall
be made as prescribed. (2)
Declaring the sand quarries:- (i)
The sand quarry identified as per the sub
rule (1) above shall be declared by the Collector, on receipt of application or
receipt of proposal. Prior to declaring sand quarry, opinion from the concerned
Gram Panchayat/urban local body shall be obtained. The concerned Gram
Panchayats/Urban local bodies shall give their opinion within a period of 15
days otherwise it will be presumed that they have no objection. If any
objection is received then the collector shall take decision in context of
proposal on the basis of merit. (ii)
The Gram Panchayats and Urban local bodies
may also submit proposals before the Collector for declaring new quarries The
Collector on receipt of proposals shall take decision within a period of 15
days. (iii)
No Objection Certificate for Gram Sabha shall
be necessary in scheduled areas. (3)
Information regarding prohibited areas- For
information regarding prohibited areas as per sub-rule (6) of Rule 3 a notice
board shall be displayed, as prescribed, by concerned Gram Panchyat/Urban Local
Body. (4)
Annual Estimation of quantity of sand -The
Collector of the concerned district shall get estimate of the quantity of
available sand in the declared sand quarries as prescribed every year before
and after monsoon: Provided that, as per the requirement
on instruction of the Collector, estimation of sand may be done at any time. CHAPTER – III ALLOTMENT
OF SAND QUARRIES (1)
The Collector shall allot sand quarries
declared as per rule 5 to respective Gram Panchayat/urban local bodies for a
period of 5 years in Form-I. (2)
Gram Panchayat/urban local body shall submit
after complying the conditions of allotment, the undertaking in Form-II to the
Collector. After submission of undertaking, sand quarry will be
operationalised. The Gram Panchayats/Urban Local Bodies
shall quarry the sand under the following conditions:- (1)
A Mining plan shall be prepared and approved
as per rule 10. (2)
Prior environment clearance/air and water
consent shall be obtained as per prevailing rules. (3)
The extractable quantity of sand shall not be
more than the minimum permissible quantity approved in Mining Plan or other
statutory permissions. (4)
The conditions imposed in mining
plan/statutory permissions shall be complied. (5)
It shall be mandatory to comply the
instructions issued by Panchayat and Rural Development Department. (6)
No person shall be allowed to remove sand
without entry letter issued under rule 3(1). No separate transit pass shall be
issued for transportation of the mineral sand. (7)
No more sand (quantity) then mentioned in the
entry letter shall be removed. (8)
The vehicle, other than the vehicle mentioned
in the entry letter shall not enter in the quarry area nor shall carry sand by
it. (1)
The Sarpanch and Secretary of respective Gram
Panchayat shall be jointly and separately responsible for operation of sand
quarry allotted to the Gram Panchayat and compliance of the Rule 7. (2)
In case the Sarpanch or Secretary fails to
discharge their duties or violates the conditions of undertaking then action
against Sarpanch shall be taken under prevailing rule/act specially Madhya
Pradesh Panchayat Raj evam Gram Swaraj Adhiniyam, 1993 and under the relevant rule
against the Secretary. (3)
In case of violation of the allotment order
or conditions of the undertaking, the operation of quarry may be suspended by
the Collector. If the violation is not rectified then collector may handover
the quarry for operation to the nearest suitable gram panchayat for the maximum
period of six months. Prior to handing over the quarry for operation to nearest
gram panchayat and proposed action under sub rule (2), opportunity for
complying the conditions and opportunity of reasonable hearing shall be given
to Sarpanch and Secretary of concerned Gram Panchayat. (1)
The President/Mayor, Chief Executive
Officer/Commissioner as the case may be, of respective Urban Local Body shall
be jointly and separately responsible for operation of sand quarry allotted to
the urban body and compliance of the Rule 7. (2)
If the President/Mayor or Chief Municipal
Officer/Commissioner fails to discharge their duties or violates the conditions
of undertaking then action shall be taken against them under the prevailing
rules. (3)
In case of violation of the allotment order
or conditions of the undertaking, the operation of quarry may be suspended by
the Collector. If the violation is not rectified then collector may handover
the quarry for operation to the nearest suitable body for the maximum period of
six months. Prior to handing over the quarry for operation to nearest body and
action proposed under sub rule (2), opportunity of complying the conditions and
opportunity of reasonable hearing shall be given to President, Mayor, Chief
Municipal Officer and Commissioner, Urban Local Body as the case may be (1)
The Collector shall approve Mining Plan for
allotted period, on the recommendation of the Mining officer or Assistant
Mining officer or Mining inspector, who are duly authorised by the collector
and who possesses post graduate degree in Geology/Applied geology or graduate
degree/diploma in Mining engineering.. (2)
An application in Form-Ill shall be
submitted, for approval of Mining Plan, in which following information shall be
included:- (a)
Nature and extent of allotted sand quarry,
details of co-ordinates, (b)
Quantity of available and minable sand in the
financial year of sanction and year wise anticipated quantity of available and
minable sand in the remaining allotment period. (c)
Mining method and details of procedure. (d)
Any other matter which is directed to include
in mining plan. (3)
After the preparation of mining plan, the
application submitted in FORM-III shall be disposed off within 30 days. (4)
Minable quantity:- (a)
The extractable quantity of sand shall not be
more than the minimum permissible quantity approved in Mining Plan and other
statutory permissions. (b)
Mining plan shall be deemed to have been
amended up to the limit of quantity estimated as per sub rule (4) of Rule 5
after monsoon in the concerned year. (c)
If in any year after monsoon, the minable
quantity estimated is more than the quantity fixed in sub rule (1) then for the
excess quantity, if required, prior environment clearance and water and air
consent is required to be taken again. (5)
Compliance of conditions of mining plan:-It
shall be the responsibility of the concerned Gram Panchayat/Urban Local Body to
comply with the conditions laid down in the mining plan. (6)
Mining operation to be in accordance with
mining plan:- Every sand quarry shall operate in accordance with the conditions
laid down in approved mining plan. If the mining operation is not carried out
in accordance with the mining plan, the Collector after making such enquiry as
he may deem fit, may by order suspend the mining operations and may permit
continuance of mining operation after fulfillment of the conditions as
envisaged in the said mining plan. (1)
After the commencement of these rules, from
the sand quarry operated by Gram Panchayat/urban local body in the government
land the royalty of sand at the rate of Rs. 75/- per cubic meter shall be
payable and in addition of that at the rate of Rs. 50/- per cubic meter payable
to the concerned District Mineral Foundation. Out of royalty so received at the
rate of Rs. 50/- per cubic meter to the concerned Gram Panchayat/urban local
body and at the rate of Rs. 25/- per cubic meter to Madhya Pradesh State Mining
Corporation, towards administrative charges, shall be given as grant. (2)
The sand quarry auctioned/leased before
commencement of these rules shall continue to pay contract amount/royalty as
per the agreement. Out of the amount received from these quarries shall be
paid, at the rate of Rs. 25/- per cubic meter to the Madhya Pradesh State
Mining Corporation as a grant. Out of the rest of amount 50% to the Gram
Pachayat/Urban Local Body as a grant and 50% payable to District Mineral
Foundation. Provided that no administrative
charges shall be payable to Madhya Pradesh State Mining Corporation, out of the
royalty received to the Government from quarry operated by the Madhya Pradesh
State Mining Corporation separately. (1)
Use of amount received to the Gram
Panchayats/Urban Local Body (a)
The amount received by Gram Panchayat/Urban
Local Body shall be used as per the direction of Pachayat and Rural Development
Department and Urban Development and Housing Department, as the case may be. (b)
The accounts of the amount received shall be
maintained as per the instructions of Pachayat and Rural Development Department
and Urban Development and Housing Department, as the case may be. (2)
Use of amount received to District Mineral
Foundation- (a)
Amount received in District Mineral
Foundation shall be used in following items:- (i)
Construction of roads and its maintenance. (ii)
Conservation of river. (iii)
Plantation. (iv)
Work related to environment protection. (v)
The expenses to be incurred for taking action
for prevention of illegal mining and other irregular activity. (vi)
Any other work assigned by State Government. (b)
Account of amount received in the District
Mineral Foundation under these rules shall be maintained as prescribed. (c)
The Separate account in scheduled bank shall
be opened for District Mineral Foundation. (d)
5 percent amount of the amount received in
District Mineral Foundation shall be kept reserved for administrative
expenditure. Out of which amount of 3 percent at district level and amount of 2
percent at state level shall be for their use. The amount prescribed for
administrative expenditure shall be used in the head decided by State
Government. (3)
Use of amount received to Madhya Pradesh
State Mining Corporation-Amount received under these rules, by Madhya Pradesh
State Mining Corporation may be spent in preparation of mining plans and
acquiring statuary permissions for mines, in the head of establishment,
contingency and administration of the corporation and for providing salary and
other expenses of the establishment of district sand manager. The accounts
shall be maintained, as prescribed, by the Madhya Pradesh State Mining
Corporation. (1)
Trade quarries granted and in operation shall
remain in operation till their agreement period. (2)
Quarry Lease of Sand granted in favour of
Madhya Pradesh State Mining Corporation shall
remain in operation till the contract period of the sub contracts given by the
Corporation. (3)
After completion of agreement period the sand
quarry shall be handed over to respective Gram Panchayat/Urban Local Body under
these rules. (4)
The un-operational sand quarry, declared
earlier and sanctioned to lease holder/contractor, shall be transferred to
concerned Gram Panchayat/Urban Local Body as per Rule 5. (5)
Any contractor desires to surrender the
contract, sanctioned by Collector or Madhya Pradesh State Mining Corporation,
then the whole security amount deposited by him shall be refunded by relaxing
the provisions of Madhya Pradesh Minor Mineral Rule, 1996 and conditions of
agreement by the Collector of concerned district or Madhya Pradesh State Mining
Corporation as the condition may be. Provided that the surrender shall only be
accepted if on the date of accepting surrender their shall be no dues against
the contract or no violation of any condition of contract is made. (6)
The quarry which is allotted as per the Sand
Mining Policy, 2015, in which approval of the contract or letter of intent has
been issued but not executed due to non receipt of statuary clearances, if the
application is received for refund of security amount then after relaxing the
provisions of rule or relaxing the conditions of tender and conditions of
letter of intent, by canceling the approval of contract or letter of intent so
issued, the deposited security amount shall be refunded by Collector of
concerned district or Madhya Pradesh State Mining Corporation as the case may
be, if there is no violation or dues of any amount is pending. CHAPTER – IV QUARRY
PERMIT FOR THE SAND AVAILABLE IN PRIVATE LAND Application for grant of quarry permit
of sand available in private land shall be submitted in Form-IV to the
Collector. Application shall contain following documents; (a)
Application fee with original challan of
Rupees Five thousand deposited in Head of account prescribed in Rule-21, shall
be enclosed. (b)
KhasraPanchsala and Map of the applied land. (c)
Consent of the land owner, if the applicant
is not land owner. (d)
An affidavit stating that no Mining Dues, Land
Revenue Dues, Value Added Tax (VAT), Goods and Service Tax (GST) is outstanding
against applicant or applied land. (1)
The Mining officer and Sub Divisional officer
(Revenue), shall submit their recommendation after due enquiry to grant or not
to grant quarry permit to the Collector. The Collector shall take the decision
for granting/refusal of quarry permit. (2)
The period of quarry permit shall be Two
years or period applied for, whichever is less. (3)
The permission to start mining operation
shall be given by the collector, on submission of approved mining plan as per
rule 10, pre environment clearance and consent to operate under the Air/Water
Act. (4)
The bank guarantee equivalent to amount of 10
percent of Royalty and Administrative charges of quantity given in Mining Plan
shall be obtained by collector as security in advance. This bank guarantee
shall be refunded within three months of the expiry of quarry permit if the
permit holder has complied of all the conditions/rules of license. (5)
If the land owner is not applicant itself,
then Collector, prior to sanction quarry permit, may summon the land owner in
front to confirm their consent. If the land owner is not capable to present
himself, then Collector can carry necessary enquiry or ask for any record for
their satisfaction. (1)
Mining operation in quarry permit area shall
be carried out in accordance with the approved mining plan. (2)
Conditions of environment clearance and
consent to operate as per Air (Prevention and Control of Pollution) Act,
1981/Water (Prevention and Control of Pollution) Act, 1974 shall be complied. (3)
Mining shall be permitted upto the least
quantity permissible in approved mining plan, environment clearance and
air/water consent, whichever is the less. (4)
Any other condition, prescribed by collector
or state government shall be complied. (5)
The Quarry Permit Holder shall before
removing sand from quarry permit area sanctioned in private land, get entry
letters as prescribed by depositing royalty at the rate of 75 rupees per cubic
meter and amount at the rate rupees 150 per cubic meter in the District Mineral
Foundation. (6)
Mining in excess of quantity permitted in
rule 16(3) shall be treated as illegal mining. (7)
In case of violation of conditions of quarry
permit collector may forfeit security deposit fully or partly or/and may cancel
the quarry permit. Provided that before forfeiting fully
or partially security deposit or/and canceling the quarry permit a reasonable
opportunity shall be given to correct the violation and hearing to the quarry
permit holder. (1)
Purpose - Storage cum trading license for
"storage of sand and their trading" and Trading License for
"supply of sand to the consumer from quarry area without storing"
shall be given. (2)
Licensing Officer:- The Collector shall be
licensing authority for storage cum trading license or trading license. (3)
Eligibility:- (a)
To be Indian citizen. (b)
Any company defined under Section 2 of clause
(20) of Companies Act, 2013 (No. 18 of 2013) or firm or association in which
all the members are Indian citizen. (c)
There should be no dues on applicant of
mineral revenue, land revenue, value added tax (VAT), goods and service tax
(GST). For this only the affidavit for such intension shall be submitted by
applicant. (d)
in case of Government Land should have no
objection certificate from tehsildar. In case of private land should be land
owner of the land for the storage or having consent of land owner. (4)
Application - Application shall be made in
Form-V as prescribed. (5)
Fee for Application - Every Application shall
be accompanied by challan of Rupees 10,000/- as application fee deposited in
the head prescribed in Rule-21: Provided that, if the applicant is
member of Scheduled Tribes/Scheduled Castes/Backward Classes then application
fee of Rupees 5,000/- shall be deposited. (6)
Required Document:- (a)
An affidavit in Form-VI. (b)
Certified map and copy of current year khasra
of that area, where the storage and trading of mineral is proposed. For trading
it will not require. (c)
In case of government land no objection
certificate from tehsildar. Or in case of private land and if not
land owner then consent of land owner. (7)
Sanction- (a)
On application of Storage cum Trading License
or Trading License submitted in Form-V along with documents after the seven
days from the date of acknowledgment issued in Form - VII, the acknowledgment
shall be deemed as licence. (b)
Within 3 months of grant of storage cum
trading license or Trading License the Collector or Officer authorised by him
shall carry out enquiry. On enquiry if it is found that license holder has got
sanction by furnishing wrong or false information then after giving reasonable
opportunity of hearing, to the license holder, Collector may cancel the license
and impose a penalty upto Rupees 50,000/-. (c)
If any arrears regarding mineral revenue,
land revenue, value added tax (VAT), goods and service tax (GST) is found on
the license holder on date of application, then the sanctioned license shall be
suspended, by Officer In charge, Mining Section immediately till the decision
of sub-rule (b) above. (d)
On cancellation of license, mineral available
at storage place on date of cancellation shall be forfeited The forfeited
mineral may be given to the construction department for the use in Government
works, by receiving appropriate value of mineral, by the Collector. If not
required by the construction department then it will disposed off in transparent
manner Amount so received shall be deposited in the head of the account
prescribed in rule -21. (1)
Purpose:- Storage license shall be
given for storage of sand mineral for to be used by its own: Own use means, use in such construction
work, in which sand is used. Provided that the permission for
transportation of mineral outside from storage place shall not be given. Provided further that no storage
license shall be required for storing sand less then 50 cubic meter. (2)
Licensing Officer:- The Officer-in-charge
Mining Section shall be licensing authority for storage license. (3)
Eligibility- The following person shall be
eligible for storage License:- (a)
An Indian citizen. (b)
Any company defined under Section 2 of clause
(20) of Company Act, 2013 (No. 18 of 2013) or association in which all the
members are Indian citizen. (c)
There should be no dues on applicant of
mineral revenue, land revenue, value added tax (VAT), goods and service tax
(GST). For this only the affidavit for such intension shall be submitted by
applicant. (d)
in case of Government Land should have no
objection certificate from tehsildar. or In case of private land should be land
owner of the land for the storage or having consent of land owner. (4)
Application:- An application shall be made In
Form-V as prescribed. (5)
Fee for Application- Every Application shall
be accompanied by challan of Rupees 5,000/- as application fee deposited in the
head prescribed in Rule 21: Provided that if the applicant is
member of Schedule Tribe/Schedule Caste/Backward Class then application fee of
Rupees 2500/- shall be deposited. (6)
Required Documents:- (a)
An affidavit in Form-VI; (b)
Certified map and copy of current year khasra
of that area, where the storage of mineral is proposed; (c)
In case of government land no objection
certificate from tehsildar. or in case of private land and if not
land owner then consent of land owner. (7)
Sanction- (a)
On application of Storage License submitted
in Form-V along with documents after the seven days from the date of acknowledgment
issued in Form - VII, the acknowledgment shall be deemed as licence. (b)
The Officer In charge of Mining Section shall
enquire within three months from the date of the grant of License and if it is
found in the enquiry that Licensee has got sanctioned the License by furnishing
wrong or false information then he may recommend the case to the Collector for
canceling the License and Imposing a penalty of up to Rupees 25,000/-. On
recommendation the collector may cancel and impose fine of Rupees 25,000/- after
giving reasonable opportunity of hearing to licensee. (c)
If any arrears of mineral revenue, land
revenue, value added tax (VAT), goods and service tax (GST) is found on the
licensee on the date of application, then the sanctioned license shall be
suspended by Officer Incharge, Mining Section immediately, till the decision of
sub-rule (b) above. (d)
On cancellation of license, mineral available
at storage place on date of cancellation shall be forfeited. The forfeited
mineral may be given to the construction department for the use in Government
works, by receiving appropriate value of mineral, by the Collector. If not
required by the construction department then it will disposed off in
transparent manner. Amount so received shall be deposited in the head of the account
prescribed in rule - 21. (1)
Every License granted under these rules
shall, in addition to any other conditions, that may be specified therein, be
subject to the following conditions, namely- (i)
The Storage cum Trading/Storage Licensee
shall keep accurate and faithful account showing the quantity of sand received
and dispatched from the storage place in the register prescribe in Form-IX and
Trading License holder in Form-IX(a). (ii)
The Storage cum Trading/Storage Licensee
shall submit half yearly returns to the Licensing Authority in Form-X. Trading
License holder shall not require to submit any return. (iii)
The Licensee shall keep the record of the
name, nationality, age, sex and address of the persons employed; (iv)
The Licensee shall not pay wages less than
the minimum wages prescribed by the Central or State Government from time to
time under the Minimum Wages Act, 1948; (v)
The Licensee shall allow the person
authorized by the Collector or Officer in Charge, Mining Section to- (a)
Enter and inspect the storage place including
mineral Processing Unit, if any, building, office or any relevant premise; (b)
Survey, weigh, measure or take measurements
of the stocks of sand lying at the storage place; (c)
Examine any documents, books, registers or
relevant record in the possession of the Licensee or any other person having
the control there of or connected therewith and take extracts from or make
copies of such documents, books, register or record; (d)
Examine the Licensee or any person having the
control thereof or connected there with; (e)
Collect any other relevant information; (vi)
Every licensee shall geo map of storage place
as prescribed; (vii)
The Licensee shall display the license
prominently at the storage place. (viii)
Storage cum Trading or Trading Licensee shall
issue "Sale-Memo" for sale of sand as prescribed. (2)
Powers of the Licensing Authority.- In the case of breach by the licensee
of any conditions the licensing officer may take action impose fine up to
Rupees 50,000/- and/or cancel the license. Provided that, prior to imposition
fine and/or canceling of license, reasonable opportunity to comply the
violation of conditions and reasonable opportunity of hearing shall be given. (1)
The storage cum trading license/Trading
License/storage license shall be granted for Five years. If the license is
applied for less than this period, then license shall be granted for applied
period. (2)
The licensee may at any time during the sanctioned
period, after giving one month notice, surrender the sanctioned storage cum
trading license/Trading License/storage license. The prescribed fee for obtaining
Storage cum Trading License/Trading Licence/Storage License shall be deposited
in the following head, which shall not be refundable: - 0853- Mines and Minerals 102-C - Mineral concession fees, rent
and royalties. 800- Other receipts. 002- Receipts from minor minerals
including fines, forfeitures, The Officer In-charge of the mining
section, shall maintain a register of application as prescribed for grant of a
License in FORM-VIII which shall be displayed on the departmental website. CHAPTER – VI ILLEGAL
MINING AND STORAGE OF SAND (1)
Penalty for unauthorized mining/storage.- Where any person engages in mining or
storage of sand otherwise these rules, or where mining or storage is done on
behalf of other, he shall be presumed as a party for such illegal mining or
storage and the Collector or any officer authorised by him not below the rank
of Deputy Collector after giving an opportunity of being heard, decides that
such person has engaged in mining or storage in violation of the provisions of
said rules, he may- (a)
Impose a penalty of minimum 60 times royalty
of sand mined or stored or rupees 20,000.- whichever is more An amount equivalent
to the penalty imposed above shall also be imposed in addition to the penalty,
as compensation to environmental loss and this amount shall be deposited in
District Mineral Foundation. (b)
During the proceedings of illegal mining or
illegal storage cases, vehicle machinery tools or other materials or stored
minerals may be seized from the spot. Collector of concerned district may
handover the seized vehicle, machinery, tools or other material to the local
body or the government department. During the period of possession the local
body or government department, maintain, keep safe the seized vehicle, machinery
and tools and may use as per the condition prescribed by the Collector. During the proceeding of registered
case of illegal mining or illegal storage, Collector of concerned district on
the basis of satisfactory reason and on deposition of bank guarantee, fixed
deposit or amount equivalent to the market value of seized vehicle, machinery
and tool may handover to their owner. On being found guilty in the final
disposal of the case of illegal mining or illegal storage, a order shall be
issued regarding confiscation, in respect of seized vehicles, machinery, tools
etc. Confiscation shall not be mandatory if the case is proved first time but
if case is proved second time or more then the seized vehicle, machinery, tool
shall be confiscated mandatorily. Confiscated vehicle, machinery, tool etc
shall be disposed off in transparent manner. (c)
In such cases, where the illegal excavator
ran away leaving the vehicle/machine at the place of mining, in those cases and
other all cases of seizer the double amount of actual expenses incurred for
keeping the seized vehicle/machine in safe places, shall be imposed in addition
to penalty above and this amount shall be deposited in District Mineral
Foundation. The expenses, incurred to bring, keep and to look after the vehicle/machine
in safe place from the place of seizer, shall be reimbursed from this amount.
For use and keeping safe the seized vehicle and machine may be handed over by
the Collector to the local body or construction department as per the procedure
of these departments. (2)
Investigation in cases of un-authorized
excavation and storage:- Whenever any person extracts/stores
has extracted/stored or is found extracting/storing sand in contravention of
the provisions of these rules, the Collector/Additional Collector/Deputy
Collector/Chief Executive Officer of Jila Panchayat/Chief Executive Officer of
Janpad Panchayat/Deputy Director (Mining Administration/In charge officer
(Mining Section)/Assistant Mining Officer/Mining Inspector/officer in charge
(flying squad) Sub-Divisional Officer (Revenue)/Tehsildar/Naib Tehsildar and
any other officer authorised by the Collector who is not below the rank of
Class-Ill executive from time to time shall take action as the manner
prescribed below:- (a)
to initiate the case of un-authorized
excavation or storage by making panchnama on the spot; (b)
to collect necessary evidence, which includes
videography, relevant to un-authorized excavation or storage; (c)
to acquire all the tools, machine, vehicles
and other material used for un-authorized excavation or un-authorised storage
and all the materials so seized. The seized material shall be kept its own or
in custody of local body or government department or to give it to lessee for
protection or to the suitable person from whom the such material is seized
after execution of bond of satisfactory nature, so that It shall be produced
immediately at the time and place when such production is asked by
investigation officer or competent court: (d)
Officers mentioned above shall inform the
District Collector or the officer authorized by him not below the rank of
Deputy Collector within 48 hours of being informed of incident. (e)
The Officers mentioned above if necessary
shall seek for Police assistance from concerned police station and the Police
Officer In Charge of the concerned police station shall provide such help as
would be necessary for stopping illegal mining. (3)
The Power of Investigation officer.- The investigation officers during the
investigating in the case of illegal mining or illegal storage or of minerals
in contraventions of these rules shall have following powers, namely: - (a)
To call persons concerned for recording
statement; (b)
To seize the records and other articles
relating to the case; (c)
To enter the concerned spots and to conduct
spot inspection; (d)
All powers of in-charge officer of the Police
Station when investigation of a cognizable offence under Code of Criminal
Procedure is being made; and (e)
All powers under Code of Civil Procedure to
compel attendance or examination on oath of any person or to submit any document. (4)
Submission of application for compounding by
Excavator or Stock holder and its disposal.- During the investigation under sub
rule (2) are proceeding under sub rule (1) if the excavator or stock holder
wants to compound the case then he shall submit an application to the
Collector/Additional Collector/Deputy Collector/Sub-Divisional Officer
(Revenue)/Deputy Director (Mineral Administration)/Mining
Officer/Officer-In-Charge (Mineral Branch)/Assistant Mineral
Officer/Officer-in-Charge (Flying squad) and then he may decide to accept or
reject the application. Provided that before compounding the
case he shall deposit 60 times of royalty of minerals illegally excavated or
stored or Rs 20,000/-(Twenty thousand only) whichever is more, as fine. After
compounding, seized minerals, tools, machinery and other material shall be
released and case deemed to be closed: In case of compounding 50 percent of
the amount of penalty as above shall also be deposited in addition to the
penalty, as compensation to environmental loss, in District Mineral Foundation. CHAPTER – VII APPEAL
AND REVISION (1)
Any person aggrieved by an order passed under
these rules by collector or any competent authority, may within sixty days of
the date of Communication of the order to him/her, may file appeal to the
Divisional Commissioner in Form-XL The appellant shall deposit a fee of Rupees
1,000/-(Rupees One Thousand Only) in the head prescribed in Rule 21. Original
challan shall be attached with the appeal: Provided that if the appellant is a
member of Schedule Tribe/Scheduled Caste/Other Backward Classes, then he shall
have to deposit a fee of Rupees 500/-(Rupees Five Hundred Only): Provided further that, any application
for appeal may not be entertained by the appellate Authority after the said
period, until the appellant satisfies appellate authority that he/she has
sufficient reason for not filing the application for appeal in time. (2)
Where an appeal is made under these rules,
the Appellate Authority may confirm, modify or set aside the order passed under
these rules or pass such other order in relation thereto, as it may deem just
and proper: Provided that no order shall be passed
against any person interested, unless he/she has been given an opportunity to
represent his/her case: Provided further that the Appellate
Authority may at any time direct that the execution of the order appealed
against be stayed for such time, as it may deem fit. Provided passing before such order
appellant has to deposit 50 percent of the penalty imposed in order under
appeal and in case of confiscation of vehicle etc. the 50 percent prevailing
market value of them either in the account head prescribed in Rule - 21 or has
to provide bank guarantee of equivalent amount. This bank guarantee shall be
deposited in the office of the Collector, in favor of Collector of concerned
district. Proof of submission of bank guarantee to the Collector shall be
furnished to the appellate authority after this only further action on appeal
application shall be taken. If amount or bank guarantee is not deposited then
appeal shall be cancelled after pending it for 30 days. The final decision to
refund bank guarantee or deposited amount shall be decided along with appeal
case. (1)
Any person aggrieved by an order passed in an
appeal under these rules, may file an application for revision before the State
Government within Sixty days of the date of Communication of the order in the
FORM-XL The revisionist shall deposit a fee of Rupees 1000/-(Rupees One Thousand
Only) in head prescribed in Rule 21. Original challan shall be attached with
the appeal: Provided that if the revisionist is a
member of Scheduled Tribe/Scheduled Caste/Other Backward Classes he/she shall
deposit fee of Rupees 500/-(Rupees Five Hundred Only): Provided further that, any application
for revision may not be entertained by the State Government after the said
period, until the revisionist satisfies State Government that he/she has
sufficient reason for not filing the application for revision in time. (2)
Where an application for revision is made
under these rules, the State Government may confirm, modify or set aside the
order passed by the Appellate Authority or pass such other order in relation
thereto, as it may deem just and proper: Provided that no order shall be passed
against any person interested, unless he/she has been given an opportunity to
represent his/her case: Provided further that the State
Government may at any time direct that the execution of the order passed by
Appellate Authority be stayed for such time, as it may deem fit. Provided passing before such order
revisionist has to deposit 50 percent of the penalty imposed in order under
revision and in case of confiscation of vehicle etc. the 50 percent prevailing
market value of them in the account head prescribed in Rule - 21 or has to
provide bank guarantee of equivalent amount. This bank guarantee shall be
deposited in the office of the Collector, in favor of Collector of concerned
district. Proof of submission of bank guarantee to the Collector shall be
furnished to the revision authority. The final decision to refund bank
guarantee or deposited amount shall be decided along with revision case. In general the revision authority
shall not consider the stay application without depositing the amount or bank
guarantee as above. In special condition the revision authority may consider
the stay application by showing reason to exempt to deposit the amount or bank
guarantee. (3)
State Government at any time may suo-moto
revise any order passed by his subordinate officer. CHAPTER-VIII MISCELLANEOUS The Officer may rectify the clerical
or substantial error within six months from the date of the order passed by him
under these rules: Provided that, if such amendment,
affect adversely to any party, will not be made, unless the concerned officer
has given the notice of its intent to do so to the concerned party and has
given the reasonable opportunity of hearing: Provided further that, in case of such
orders in which more than six months period has lapsed after date of order or
order passed by his predecessor, the officer may make amendment after taking
permission from the senior officer: Provided that, the orders under appeal
or revision shall not be amended by Collector, under these rules: Provided further that order under
appeal or revision may be amended by submitting a application before appellate
or revision authority: Provided further that the State
Government may amend the order at any time. If there is any difficulty found in
implementing the provisions of these rule, then the State Government may issue
such instruction, which is not inconsistent with the provisions of these Rule,
to remove difficulty and order issued in this regard shall be published in the
gazette. The provisions pertaining to the
mineral sand in Madhya Pradesh Minor Mineral Rule, 1996 and Madhya Pradesh
(Prevention of Illegal Mining, Transportation and Storage) Rules, 2006 shall be
applicable to the extent where it does not transgress to these Rules.MADHYA PRADESH SAND RULE, 2018
PREAMBLE