Admin to grant sand, slit extraction permits to Hanjis, Khanias, Muleteers
The Jammu and Kashmir government has amended the Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016.
As per the amendments made short-term permits/disposal permits shall also be granted for manual customary extraction of sand, silt and clay by local Hanjis, Khanias, Muleteers etc.
“S.O. 599 In exercise of the powers conferred by section 15 read with section 23C of the Mines & Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957), the Government hereby makes the following amendments in the Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016; namely:”, reads the notification issued by Amit Sharma, Secretary to the Government, Mining Department.
As per the notification in rule 13- after clause (b) to the first proviso, the following proviso shall be added as the second proviso; namely:- “Provided further that the cases as listed in Appendix-IX of notification S.0 1224 (E) dated 28th March 2020 issued by the Ministry of Environment, Forest & Climate Change, Gol, shall be exempted from the requirement of Environmental Clearances.”
The second proviso shall be re-numbered as the third proviso and substituted by the following; namely: “Provided also the manual customary extraction of sand, silt and clay by local Hanjis, Khanias, Muleteers etc. shall be exempted from the requirement of Environmental Clearances.’
In rule 56, in clause (vi) of sub-rule(l), the following shall be added as a second proviso; namely:-“Provided further that short-term permits/disposal permits shall also be granted for manual customary extraction of sand, silt, clay by local Hanjis, Khanias, Muleteers etc.”
In rule 58, the following shall be added as the second proviso; namely: “Provided further that the cases as listed in Appendix-IX of notification S.0 1224 (E) dated 28th March 2020 issued by the Ministry of Environment, Forest & Climate Change, Gol, shall be exempted from the requirement of Environmental Clearances.”
In rule 94, after clause (iii) of sub-rule (2), the following clause shall be added; namely:- “(iv) River bed material shall not be extracted up to a distance of five times of the span (x) of a bridge / public civil structure (including water intake points) on up-stream side and ten times (10) the span of such bridge on the down-stream side, subject to a minimum of 250 meters on the upstream side and 500 meters on the downstream side.”
Rule-95 shall be substituted by the following; namely:- “95. Simple Interest at the rate of 15% shall be charged per annum on any rent, royalty or other sum due to the Government under the Act and rules made there under or terms and conditions of any mineral concession from the sixteenth (60) day of the expiry of the date fixed by the Government for payment of such royalty, rent, fee or other sum and until payment of such royalty, rent, fee or other sum is made.”
In rule 107, after sub-rule (2), the following sub-rule shall be added; namely:- “Notwithstanding anything contained in these rules, extraction or digging of ordinary earth/clay used for filling, levelling or embankment of roads or railways, cement plants up to depth of two (02) meters, removal of overburden, free-flowing material shall not be treated as mining operations. Provided that such operations shall be carried out under proper short term/disposal permit with payment of royalty and other applicable charges.”
