THE TAMIL NADU MINOR MINERAL CONCESSION RULES, 1959
rules · Year unknown · State unknown
Parent: LIST OF AMENDING ACTS (78e24b780847b2c0a18a0967f50764d57c915875)
Text
Rule TOC
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2 · Substituted by G.O.Ms.No.166 Industries 16.6.94 We.f: 22.6.94 Substituted vide G.O.Ms No.86 Industries 22.2.2001.
3 · substituted by G.O.Ms No.166 Industries dated 16.6.94 W.e.f.22.6.94 Substituted vide G.O.Ms.No.35 Industries dated 24.1.2000 Omitted vide G.O.Ms.No.35 Industries 24.1.2000 11
44 · Removal of sand from port limits:-
5 · Quarrying in Reserve Forest:-
8 · substituted vide G.O.Ms No.166 Industries dated 16.6.94 w.e.f: 22.6.94 Inserted vide G.O.Ms No.104 Ind: dt 17.7.96 Inserted vide G.O.Ms No.635 Ind. dt: 3.8.99 Substituted vide G.O.Ms No.3 Industries 2.1.98 W.e.f.1.4.98, vide G.O.Ms.No.53 Industries 26.2.98 17
2 · [In case where the highest auction amount is found to be less than the highest tender amount and where the said highest tender amount has been quoted by two or more applicants or in case where the highest auction amount and the highest tender amount are the same, the District Collector or the officer authorised by the District Collector shall call such persons alone to make their further offers so as to enable the District Collector to declare the name of the successful person who is eligible to obtain the lease of the area, subject to the other provisions of this rule.
8A · was substituted vide G.O.Ms No.103 Industries dated 13.7.96 Substituted vide G.O.Ms No.86 Industries dated 22.2.2001 Substituted vide G.O.Ms No.86 Industries dated 22.2.2001 30
8D · Struck down by High Court, Madras and the order of the H.C, upheld by S.C in civil appeals 1655 etc, (AIR 1995-S.C_ pages 858 to 865) Rule 8E introduced in G.O.Ms.No.603 IND dated 17.9.1998 46
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14 · Removal of sand by and for the Railway Administration The Railway Administration may be allowed to remove sand free from the beds of rivers in place where it can be taken without objection and subject to such conditions as the District Collector may deem fit to impose: This concession extends to any contractor working for the Railway Administration provided that he obtains the Collector's permission and SO long as the Collector is satisfied that the sand is removed only for railway purposes.
15 · Quarrying or removal of sand in certain river beds
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17 · Quarrying by the Owner
18 · IQuarrying on a large scale or for commercial Purposes
19A · Substituted vide G.O.Ms.No. 86 Industries dated 22.2.2001 60
19 · B struck down by High Court, Madras and the order of the High Court upheld by Supreme Court in civil appeals 1655 etc (AIR 1995-SC pages 858 to 865) Substituted vide G.O.Ms.No.191 Industries dated 8.6.2000 64
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27 · .
28 · 5[Special Powers of the Collector : ]
29 · Lands rendered unfit for cultivation not eligible for remission
2 · [31.
2 · [32.
33 · Leasing out of Quarrying rights If the registered holder does not intend to carry on quarrying operations himself but leases out the right to do SO to another person, the registered holder and his lessee shall enter into an agreement with the Government binding themselves jointly and
34 · Agreement to be registered The agreements executed in the forms set out in Appendices IV and to these rules are compulsorily registerable under section 17(1) of the Indian Registration Act, 1908 the former at the cost of the registered holder and the latter at the cost of the registered holder and his lessee.
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36 · substituted in G.O.Ms No.166 Industries dated 16.6.94 W.e.f.22.6.94 Omitted in G.O.Ms.No.286 Industries dated 1.4.99 68
36A · introduced vide G.O.Ms.no.166 Industries dated 16.6.1994 Substituted vide G.O.Ms.No.49 Industries dated 28.2.1995 Substituted vide G.O.Ms.No.13 Industries dated 20.1.2003 Substituted vide G.O.Ms.No.253 Industries dated 26.6.2000 Inserted vide G.O.Ms.No.3 Industries dated 2.1.1998 Deleted vide G.O.Ms.no.49 Industries dated 28.2.1995 76
36 · C & 36D inserted vide G.O.Ms No.166 Industries dated 16.6.1994 79
36F · introduced vide G.OMs.No.215 Industries dated 14.8.1997 80
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2 · [38-D Import of sand for construction purposes:-(1) (a) No person, other than the Public Works Department of the State Government of Tamil Nadu shall have the right to sell sand which is imported from other countries or brought from other States or Union Territories for construction purposes (hereinafter referred to as "imported sand"), and such right shall vest only with the Public Works Department of the State Government:
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2 · The Assistant Director or Deputy Director of Geology and Mining, as the case may be of the district is vested with the
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3 · There are excepted from and reserved to the lessor out of this demise:-
10 · 11. 12
13 · 14
29 · 30. 31.
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70 · 400 80 80 75 70 20 400 75 30 110 100 30 100 130 170 30
2 · 3_
4 · 5_
6 · 7. 8_
11 · 12 13_ 14 15. 16. 17 . 18.
210 · 80 2,000 24 200 170 75 60 120 45 70
19 · 20. 21_ 22 23. 24. 25. 26. 27 . 28. 29. 30. 31_ XXtt+ttX
100 · per Carat 2,600 per Carat
150 · 00
300 · 00
200 · 00]
150 · 00].
3C · DEAD RENT
1 · Name and address of the applicant (Enclose 2 Attested copy of passport size photo) 2 Name of the user Department Local Body 3 Name of the public work under taken 4 Payment details of application fee Enclose Original remitted challan)
7 · The tentative date of commencement of
10 · Terms and conditions of the contract (enclose the copy of the contract attested by the recommending authority)
11 · Whether the contractor is willing to remit the cost of the mineral and the seigniorage fee in one lumpsum as per rules
12 · Whether the contractor is willing to remit the difference in the cost of proportionate Mineral after execution of the lease deed as And when such revision of cost of the mineral is notified
10 · If the registered holder does not intend to carry on mining operations himself, but intends to lease out the right to do so to another person the registered holder and his lessee shall enter into an agreement with Government binding themselves jointly and severally to accept the conditions and stipulations herein contained which agreement shall be in the form set out in Appendix V to the Tamil Nadu Minor Mineral Concession Rules, 1959.
11 · All land assessment, cess and seigniorage payable under these presents shall be recoverable under the provisions of the Madras Revenue Recovery Act, 1864, as if they were arrears of land revenue_
12 · In the event of any breach by the registered holder by any of the conditions of this agreement; it shall be lawful for the Government to levy enhanced seigniorage or for the Collector to give notice in writing to the registered holder of his intention to cancel these presents whereupon the same shall stand cancelled but without prejudice to any rights which the Government may have against the pattadar in respect of any antecedent claim or breach of covenant or condition.
13 · Any notice to be given to the registered holder may be addressed to his last known place of abode and where a notice has been so addressed it shall be deemed to have been duly served for the purpose of these presents. 14 Should any question or dispute arise regarding the agreement executed in pursuance of these rules or any matter or thing connected therewith or the powers of the registered holder thereunder; the amount or payment of the seigniorage fee or area assessment made payable thereby, the matter in issue shall be decided by the Director of Geology and Mining: In case the registered holder/registered holders, lessee/lesses islare not
15 · The registered holder shall abide by the conditions laid down in the payment of wages Act; 1936 (central Act Iv of 1936), the mines Act, 1952 (Central Act XXXV of 1952) and the Indian Explosives Act, 1884 (Central Act IV of 1884)
2 · IWe request that a quarrying permission for removal of brick earth from patta lands to which consent has been obtained, may be granted:
2 · The seal of the 1_
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11 · (a) Whether mining dues clearance certificate towards payment of quarrying dues, if any enclosed: If on the date of application the applicant does not hold any quarrying lease or mining lease whether an affidavit to this effect is furnished: 12. Any other particulars which the applicant wishes to furnish: IWe do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details and security deposit as may be required by the Government or District Collector or District Forest Officer: I hereby swear and state that I know very well about the provisions contained in the Tamil Nadu Minor Mineral Concession Rules, 1959, in respect of granting of quarry lease applied for and other conditions stipulated in connection with the quarrying operations. I also swear and state that on no circumstances I will produce any rough blocks or slabs or any other form of stone from the area applied for lease either for export purpose in the form of raw blocks, slab, etc or for using them in a cutting and polishing industry.
1 · Name of the applicant industry in which the quarry lease is required to be granted with full address. (a) Is the applicant industry owned by an individual or private Company, firm or association? (b) If the applicant industry is owned by individuals, specify his name, nationality, and address. If the applicant industry is owned by private company, firm or association, specify name of Directors, Partners, Members and their Nationality (Documentary evidence should be produced)
11 · Maximum tender amount the applicant is willing to offer for getting quarrying lease (Specify both in figures and words)
12 · Particulars of areas already held under quarrying lease in Tamil Nadu (Enclose an affidavit showing the particulars of areas mineral wise in each District of the State which the applicant or any other person jointly with him already holds under a quarry lease; already applied for but not yet granted; or being applied for simultaneously.
13 · Any other particulars which the applicant wishes to furnish. IWe do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details and security
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7 · Has the applicant filed the latest Income Tax Clearance Certificate.
11 · Details of the area for which the quarrying lease or renewal of lease is required:
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16 · Any other particulars which the applicant desires to furnish:
10 · This despatch slip is issued subject to the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959 and any other conditions imposed by the authorities concerned from time to time:]
0853 · Non Ferrous Mining and Metallurgical Industries 102. Mineral Concession Fees, rent, royalties A Quarries and Minerals D.P Code No.0853-00-102-AA-0007
11 · Has the applicant furnished the approved mining plan/scheme valid at the time of applying for renewal. 12. Whether the applicant willing to remit the lease amount as fixed by the Government: 13_ A sworn in affidavit furnishing the particulars of areas already held under quarrying lease in Tamil Nadu for granite in each District which the applicant or any other person jointly with him already holds under a quarry lease; already applied for but not yet granted and for being applied for simultaneously:
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15 · Any other particulars which the applicant desires to furnish:
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16 · A In case of renewal, whether a report on the prospecting work carried out already is furnished.16.B Whether the copy of scheme of prospecting has been enclosed for the prospecting work to be carried out in the renewal period. 17 . Any other particulars which the applicant wishes to furnish.
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1 · Government order No. and date the District Collectors Proceedings No. and date in which sand quarry permit is granted. 2 Location of the Public Works Department sand quarrying point:
3 · Quantity of sand permitted for transportation
4 · (i) Details of value of sand (ii) Receipt Number (iii) Date and time of issue of permit (iv) Amount remitted
7 · Validity period of this permit From
8 · (i) Signature of the Driver (ii) Office seal
1 · Particulars upto Serial No 5 and signature in Serial No.6 should be first filled up and thereafter Serial No.7 and 8 should be filled up, then only the issuing authority should be signed.
2 · This office seal shall be imposed only in the space indicated in the permit:
3 · This permit is non transferable:
4 · This permit is valid for a maximum period of seven days only firm the date of issue: The licenses should maintain a Register containing the particulars on the quantity of sand purchased from the Public Works Department Quarry, the quantity of sand sold to the individual customers from the stockyard and the balance stock of sand available at the stockyard. The Register should be in the following format:-
6 · A copy of the permit should be kept in the quarry site with the permit holder:
7 · The first copy of this permit should be issued to the permit holder and the second copy shall be retained by the authority issuing the transport permit
2 · A sum of Rs. 5,000/- (Rupees five thousand only) being non- refundable application fee for Licence renewal of licence has been remitted under the following head of account_
0853 · Non Ferrous Mining and Metallurgical Industries 102. Mineral Concession Fees, Renet and Royalities-A Quarries and Minerals DP Code 0853-00-102-AA.0007.
3 · I
4 · I/ we submit that in the area furnished herein is the place where I we would keep the sand purchased from the Public Works Department
5 · If in chase of application of Renewal (details of previous licence granted, to be enclosed): 6_ I / We do hereby declare that the particulars furnished above are correct to the best of my our knowledge and ready to furnish any other details and ready to remit any other fees as may be required by the Government or District Collector: 1 We hereby swear and state that I we amf are aware of the provisions contained in the Tamil Nadu Minor Mineral Concession Rules, 1959, in respect of granting of licence applied for and other conditions stipulated in connection with the storage and transportation of sand purchased from Public Works Department: Yours faithfully, Place:
2 · The licence is non-transferable