THE HARYANA REGULATION AND CONTROL OF CRUSHERS RULES, 1992

PREAMBLE

In exercise of the powers conferred by Section 16 of the Haryana Regulation and Control of Crushers Act, 1991, (Haryana Act 15 of 1992), the Governor of Haryana hereby makes the following rules regulating the grant of renewal of licences to the owner of crushers, namely :-

CHAPTER I : PRELIMINARY

Rule - 1. Short title.--

These rules may be called the Haryana Regulation and Control of Crushers Rules, 1992.

Rule - 2. Definitions.--

In these rules, unless the context otherwise requires, -

(a)      "Act" means the Haryana Regulation and Control of Crushers Act, 1991;

(b)      "Form" means a form appended to these rules;

(c)      "section"-means a section of the Act.

CHAPTER II : PRELIMINARY

Rule - 3. Application for grant of a licence amijts renewal Section 4.--

(1)     An application for the grant of a licence and its renewal shall be made^to the Director in Form v

(2)     Every application for grant or renewal of a licence shall be accompanied by :-" 

(a)      a fee of Rs. 10,000/-(Rupees ten the Sus and only); %"

(b)      a site plan of and on which crusher is installed or is to be installed to the scale, showing the location of stone crusher with reference to National Highway, State Highway, towtt abadi, approved urban area, colony, village Abadi and tourist complex;

(c)      No objection certificate from Haryana State Board for the Prevention and Control of Water Pollution regarding the site of stone crusher specifying pollution control devices installed or to be installed by the crusher owner;

(d)      proof of ownership of land or a copy of the lease-deed' entered into with the owner of land, leasing the land to the crusher owner.

(3)     In case of renewal of the licence, the licensee shall apply for the renewal atleast six months before the expiry of the licence in Form A, documents referred to in Clause (b) of sub-rule (2) need not accompany with the renewal application.

Rule - 4. Power of grant, renewal or refusal of a licence. Section 4.--

(1)     The Director may grant a licence to the crusher owner in Form B for a period of three years.

(2)     The Director may renew the licence in Form C for a period of three years.

(3)     In case the Director is of the opinion that it is not expedient to grant a licence taking into consideration various factors relating to general health of public or crops or private or public properties or forest, nurseries and wildlife, he may after giving an opportunity of being heard and for reasons to be recorded in writing and communicated to the applicant, refuse to grant or renew a licence.

(4)     An application for grant or renewal of a licence made under Rule 3 shall not be refused by the Director only on the ground that Form A is not complete in all material particulars or is not accompanied by the documents referred to in Clauses (a), (b), (c) and (d) of sub-rule (2) of Rule 3.

(5)     Where it appears that the application is not complete in all material particulars and is not accompanied by the required documents, the Director shall, by notice, require the applicant to supply required information or documents, as the case may be without delay and in any case, not later than 15 days from the date of receipt of such notice by the applicant failing which his application shall be disposed of on its merit in accordance with sub-rule (3).

(6)     In case application for renewal submitted in term of sub-rule (3) of Rule 3 is not disposed of before the expiry of the period of licence, then it shall be deemed to have been refused.

Rule - 5. Terms and conditions of a licence. Section 3.--

(1)     Every licence shall be subject to the following terms and conditions :-

(a)      A licensee shall observe the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment JJ protection) Act, 1986 and the rules and notification framed or issued thereunder* ' t .

(b)      the licencee shall not pay wages less than the minimum wages prescribed by the Central or State Governments from time to time under the Minimum Wages Act, 1948, to the works employed in the crushing operations;

(c)      the licencee shall restore to the extent possible flora, if destroyed, by the crushing operations and shall plant trees around the periphery of the crusher to the satisfaction of the Director;

(d)      the licensee shall immediately report to the Deputy Commissioner and Assistant Mining Engineer or Mining Officer of the district concerned about any accident which may take place during the course of crushing operations resulting in serious bodily injury; and

(e)      the licensee shall indemnify the State Government against the claims of the third party.

(2)     The Director may impose any such further conditions as he may deem fit.

(3)     If the licensee commits a breach of any conditions, the Director shall give notice to the licensee requiring him to remedy to breach (es) within 30 days from the date of receipt of the notice and if the breach is not remedied within such period, the Director may without prejudice to any proceedings that may be taken against the licensee cancel the licence.

Rule - 6. Reports and returns of licensee. Section 7.--

The licensee shall submit a return in Form D by 10th of every month to the Director and also other officer (s) specified in that Form giving total quantity of minerals or minor minerals crushed pay day, electricity consumed, power generated in case of captive power generated run crusher, number of labour employed and wages paid.

Rule - 7. Maintenance of Registers and record. Section 8.--

The licensee shall maintain registers in Form E for inspection by the Director relating to electricity consumed, power generated in case of captive power generated run crusher, number of labourers employed and wages paid.

Rule - 8. Inspection of the Crusher. Section 6.--

The licensee shall allow the inspecting staff, access to the crusher and make available to them all the records relating to operation of crusher during an hour of a day viz., quantum of minerals or minor minerals crushed per day, electricity consumed, oil and lubricants used for captive generation of power, provisions of first aid facilities and arrangement for suppression of dust.

Rule - 9. Appeals. Section 10.--

(1)     Any person aggrieved by any order made by the Director or any officer authorised by him in this behalf or against the deemed refusal of renewal application of license under sub-rule (6) of Rule 4 may within a period of 60 days of the communication to him of such order, prefer an appeal to the State Government in duplicate for revision of the order. The application should be accompanied by a bank draft for five hundred rupees drawn on a Nationalised Bank in the name of Accounts Officer, Department of Mines and Geology payable at Chandigarh or through a treasury challan for five hundred rupees under Head of Accounts "853 - Non-Ferrous Mining and Metallurgical Industries - 102 - Mineral Concession Fees and Royalties".

(2)     Where the fee under sub-rule (1) has been deposited but no appeal is preferred, the fee shall be refunded to the person concerned on application being made by him in this behalf to the State Government.

(3)     Upon receipt of the appeal, the Government may call for the relevant record and other information and after giving the appellant an opportunity of being heard and considering any comments that might be offered by the Director or the officer, as the case may be, cancel or review the orders against which appeal has been preferred. The orders of the Government under this rule, shall be final.