G.R. dt. 21st May, 2015- Department of Revenue and Forest –Sub- Sand Mining Policy and Navigation Routes
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Sand Mining Policy facilitating Navigational Routes
through Coastal Regulation Zone
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- GauKhaNI-10/1014/Pra.Kra.500/Kha
Mantralaya, Mumbai-400 032
Date:- 21st May, 2015
Vide:-
1] Government Resolution in the Department of Revenue and Forest, bearing No:-GauKhaNi10/0512/Pra.Kra.300/Kha, Dated 12th March, 2013.
2] Order dated 29.05.2014 in Petition No. 34 (THC)/2013/(WZ) passed by the Hon’ble National Green Tribunal, Western Zone, Bench-Pune,
3] Order dt.14.10.2014 passed by Hon’ble Bombay High Court in Public Interest Petition Nos.79/2014, 82/2014 and 202/2013.
4] Government Resolution in the Department of Revenue and Forest, bearing No:-GauKhaNi-10/1014/Pra.Kra.498/Kha, Dated 26th December, 2014.
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Preface:-
After comprehensive deliberation over the order dated 27/02/2012 passed by the Hon’ble Supreme Court in Special Leave Petition Nos. 19628-19629/2009, the orders passed by the Hon’ble High Court of Bombay in Public Interest Petition No.01/2011 and Public Interest Petition No.116/2012 and the difficulties experienced in the implementation of Sand Extraction Policy etc, a revised Sand Mining Policy came to be framed by the Government, vide its above referred Government Resolution dt.12th March, 2013, which contemplated the maintenance of environmental balance and equitable and sustainable development, participation of public therein, protection of interests of persons traditionally engaged in the occupation of sand excavation, introduction of transparency in the process of auction of sand groups and the augmentation of state revenue along with checking incidents of illegal extraction and trafficking. Furthermore, with a view to checking illegal extraction and trafficking of sand, an ease oriented Mobile based “SMATS” (Sand Mining Approval and Tracking System) developed by the Maha-online, a government promoted company has been extended in the state under the above referred Government Resolution dt.26th December, 2014.
On 29.05.2014, orders were passed by the Hon’ble National Green Tribunal, West Zone, Bench-Pune in Petition No.34(THC)/2013(WZ) regarding Sand Mining policy to facilitate Navigational Routes through Coastal Regulation Zone in the Konkan Division. Moreover, on 14.10.2014, Hon’ble High Court of Bombay passed orders in Public Interest Petition No.79/2014, 82/2014 and 202/2013, directing State Government to create a separate mechanism for the Redressal of complaints regarding illegal excavation of sand.
After a comprehensive deliberation over the aforesaid order of the Hon’ble High Court of Bombay, the aforesaid orders of the Hon’ble National Green Tribunal, the need for facilitating Navigational Routes through Coastal Regulation Zone, the coordinated action to be taken by agencies for achieving sustainable development by avoiding environmental damage, the vital role of the Maharashtra Maritime Board in the facilitation of the Navigational Routes, the monitoring responsibility of the Maharashtra Coastal Zone Management Authority in this process, as well as the need for prohibiting/checking illegal excavation, the Government has contemplated the matter of framing a Policy for extraction of sand to facilitate Navigational Routes through Coastal Regulation Zone.
GOVERNMENT RESOLUTION:-
After taking into consideration the factual scenario set out in the preface, the Government has resolved to prescribe the following Procedure and Guidelines regarding Extraction of Sand to facilitate Navigational Routes through the Coastal Zone in the Konkan Division.
A 1. Survey and Fixation of Sand Groups for the facilitation of Navigational Routes through Coastal areas of Maharashtra:-
(a) Since timely excavation of sand is essential for facilitating the Navigational Routes through the Coastal areas of Maharashtra, the Maharashtra Maritime Board should fix Sand Groups for the excavation of sand from such places by the month of September, each year on the basis of available survey data. Furthermore, the Maharashtra Maritime Board should also fix such matters as the estimated availability of sand from the concerned sand groups, the probable depth of excavation, advisability of mechanized implements for such excavation and the number of dredgers to be employed in such areas in the event of use of mechanized implements.
(b) Once Sand Groups for the excavation of sand to facilitate Navigational Routes though Coastal areas, their geographic location, estimated stock of sand and the extent of excavation for facilitating Navigational Routes etc. are fixed by the Chief Executive Officer of the Maharashtra Maritime Board, the concerned District Collectors should be authorised on behalf of the Maharashtra Maritime Board to look after the arrangement of excavation of sand from the sand groups so fixed as well as to monitor such system; District Collectors/Additional Collectors should fix access routes for the excavation from such sand groups.
(c) For the local persons traditionally engaged in the occupation of excavating sand from the Maharashtra coastal areas by means of dip/hand basket, the concerned District Collectors/Additional District Collectors, at the behest of the Chief Executive Officer of the Maharashtra Maritime Board should designate such groups as “Groups reserved for excavation of sand by means of dip/hand basket by way of Unauctioned Permit.”
(d) Those Groups where use of mechanized implements such as dredgers is necessary for facilitating Navigational Routes, the concerned District Collectors/Additional District Collectors at the behest of the Chief Executive Officer of the Maharashtra Maritime Board should designate such groups as “Groups reserved for the excavation of sand by mechanized implements.”
A.2. Environmental Sanction for the Excavation of Sand:-
As per the order dated 27/02/2012 passed by the Hon’ble Supreme Court in Special Leave Petition (C) No:-19628-19629/2009 and the order dated 29.05.2014 of the Hon’ble National Green Tribunal, West Zone, Bench-Pune in Application No:-34(THC)/2013 (WZ), the Chief Executive Officer of the Maharashtra Maritime Board would be required to initiate procedure for seeking environmental sanction as per the provisions of EIA Notification-2006, dt.14th September, 2006 in the Union Ministry of Environment and Forest, before carrying out excavation of sand.
(a) For local persons or their societies, traditionally engaged in the occupation of excavation of sand, it would not be necessary to seek environmental sanction for the grant of permit for the exaction of sand from “Groups reserved for excavation of sand by means of dip/hand basket by way of Unauthorised Permit.” However, in such cases the concerned District Collectors would be required to initiate action as per Office Memorandum in the Union Ministry of Environment and Forest, bearing No:-11-83/2005-1A-III (Vol.III), dated 08.11.2011.
(b) For excavation of sand from the “Groups reserved for excavation of sand by mechanized implements” it is would be necessary to seek environmental sanction before auction of such sand group. For this purpose, an Accredited Environmental Consultant” should be appointed as per the provisions of the Environment Notification in the Union Ministry of Environment and Forest, dated 14th September, 2006. The expenditure thereof can be met from the environmental subsidy available from the Mineral Development Fund payable to the District, as per the provisions of Paragraph 3(c)(4) of the Government Resolution in the Department of Industries, Energy and Labour dated 1st August, 2012, bearing No:MDF/1010/Pra.Kra.1037/Industry-9. The Chief Executive Officer of the Maharashtra Maritime Board should submit a proposal regarding funds required for the environmental sanction to the Managing Director of the Maharashtra State Mining Corporation, Nagpur.
(c) The Chief Executive Officer o the Maharashtra Maritime Board would be required to seek prior sanction of the Maharashtra Coastal Zone Management Authority before carrying out excavation of sand from the Coastal Regulation Zone.
B.1. General Procedure to be followed by the District Collector vis-à-vis Excavation of sand to facilitate Navigational Routes:-
(a) Sand excavation for facilitating Navigational Routes through coastal areas of the Konkan Division should be disposed of by means of auction/E-Tender/E-Auction.
(b) However, sand from the “Groups reserved for excavation of sand by means of dip/hand basket by way of Unauthorised Permit” should be disposed of by issuing permits for excavation of sand to the local persons or their societies traditionally engaged in such occupations.
(c) Even for excavation from the coastal areas the use of ease oriented Mobile based SMATS System (Sand Mining Approval and Tracking System) developed by Maha-online, a Government promoted company, shall be mandatory.
B.2. Fixation of Upset Price of Sand Group to be excavated:-
(a) Fixation of Upset Price of the Sand Group offered for Auction for facilitating Navigational Routes:-
(ONE) For the fixation of upset price of the sand groups offered for action, the District Collector/Additional District Collector should take into account the stock of sand available for disposal from each sand group.
(TWO) In case of sand group which was auctioned off in previous year, the per brass amount should be computed by dividing the highest bid amount received in the auction of such sand group by the estimated stock of sand in such auction.
(THREE) The per brass amount should be computed by dividing the expenditure incurred on the Environment related Impact Assessment Studies for all sand groups in the district in the auction year by the estimated stock of sand of all sand groups in the district.
(FOUR) A 15% increment should be added to the amount computed under Serial No.2(a)(TWO) and 2(a)(THREE) above and after such increment, the per brass amount so arrived at should be multiplied by the estimated stock of sand to be disposed of in the auction year and the amount so computed should be fixed as the upset price.
(FIVE) In case of sand group which was not auctioned off in the previous year, the details of auction pertaining to an adjacent sand group in the same coastal area for the previous year should be taken into account.
(b) Fixation of Upset Price of the Sand Group Reserved for Dip/Hand Basket:-
(ONE) District Collector/Additional District Collector should take into account the stock of sand available for extraction from each sand group, vis-à-vis the fixation of upset price of sand groups reserved for hand basket and dip.
(TWO) While issuing permits for excavation of sand by means of hand basket and dip, the per brass amount for the concerned sand group should be computed by taking a mean average of the per brass rate charged for such sand group in the previous year from the local entrepreneurs traditionally engaged in the occupation by means of hand basket/dip, as well as the average per brass rate fetched in the auction in that district.
(THREE) A 15% increment should be added to the per brass amount under Serial No.2(b)(TWO) and the per brass amount so worked out should be multiplied by the estimated stock of sand available for extraction in the auction year and the amount so arrived at should be fixed as the Upset Price.
(FOUR) If large scale complaints regarding excessive average price per brass are received from the concerned parties upon grant of permits to local persons/their societies for excavation by means of hand basket and dip, the District Collectors/Additional District Collectors should submit a report in that regard to the Government so that the latter can take an appropriate decision thereon.
B3. Requisite Eligibility for the Auction Holder/Permit Holder:-
(a) Only those auction holder who can furnish proof regarding regular filing of Income Ta Returns and who hold PAN Number and TIN Number of the Sales Tax Department can participate in the auction of sand Groups in the Coastal Regulation Zone.
(b) The persons who wish to enter their bids in the auction will have to deposit in cash a sum of Rs. 5,000/- towards fees of Tender Form. However, in case of sand groups having an upset price of Rs.10 Lakh or less, a sum of Rs.2,000/- will have to be paid in cash on account of the fees of such Tender Form.
(c) The persons participating in auction will have to deposit in cash a sum of Rs.3,00,000/ (Rupees Three Lakh Only) or 20% of the upset price, whichever is more towards Earnest Money Deposit. However, in case of sand groups having an upset price of less than Rs. 10 Lakh, a sum equal to 20% of the upset price of such sand group will have to be deposited in cash by means of Earnest Money Deposit.
B4. Process of Auction in respect of Sand Groups in the Coastal Regulation Zone:-
(1) The term of auction/contract of the sand groups shall be for one year and it shall span the period between 1st October and 30th September and notwithstanding the date of auction the term of auction shall end on the 30th September of the given year.
(2) In case of all “Sand Groups reserved for excavation by mechanical implements” in a district, the District Collector/Additional Collector and in case of composite sand groups from two districts, the Divisional Commissioner should conduct the process of auction on behalf of the Chief Executive Officer of the Maharashtra Maritime Board on the same day at the headquarters of the concerned district/division. If auction proceedings of all sand groups are not completed on the day of auction, they should be resumed in the morning session of the office time on the next consecutive working day.
(3) Advertisements regarding auction of the sand groups should be published in two leading newspapers of the district a minimum 15 days prior to such auction. Advertisements of the sand groups having an upset price of more than Rs.10 Lakh should be published in two leading newspapers published from that Revenue Division or two leading newspapers at the state level. The copies thereof should be displayed on the Notice Board in all Tahsil Offices, sub-divisional offices, in the District, the District office, as well as the office of the Divisional Commissioner. Furthermore, the advertisement should be published on the website of the Government and the District Collector, as well as.
The advertisements of auction should conspicuously mention the terms of auction, survey number of the concerned sand group, number and name of the sand group, estimated stock of sand from such group, as well as the upset price thereof.
(4) Every person who desires to participate in the auction or to submit a Tender shall be required to deposit in cash the Earnest Money Deposit (EMD) one hour prior to the commencement of auction/at the time of submitting his Tender Form.
(5) The responsibility of verifying the availability of expected stock of sand in a given sand group offered for auction and the availability of necessary roads for transportation shall rest upon the concerned auction holder. Any complaint in that regard shall not be entertained subsequently.
(6) Auction of all sand groups in the coastal areas of a district should be conducted under the control and supervision of the District Collector/Additional District Collector. The District Collector/Additional District Collector cannot delegate this work to any other officer, under any circumstances, whatsoever.
Furthermore, the auction of composite sand groups in the coastal areas should be conducted under the control and supervision of the Divisional Commissioner. The Divisional Commissioner cannot delegate this work to any other officer under any circumstances, whatsoever.
(7) Auction should be commenced with a bid amount higher than the upset price fixed for the sand group.
(8) The decision as to acceptance or refusal of the highest bid offered in the auction/tender of the sand group in the district is to be taken by the District Collector/Additional District Collector, whereas for a composite sand group this decision is to be taken by the Divisional Commissioner and such decision must be conveyed to the concerned parties on the day of auction, itself.
(9) The action holder whose bid/tender is accepted will be required to deposit 1/4th of the auction bid amount on the same day at the end of auction, in the office of the District Collector/Divisional Commissioner, as the case may be. The Earnest Money Deposit (EMD) credited to the Government prior to auction will be adjusted from the 1/4th amount of the auction bid. Moreover, the balance 3/4th amount will have to be deposited as the case may be, in the office of the District Collector/Divisional Commissioner, within 15 days of the date of auction.
(10) Once the auction holder offering highest bid in the auction deposits the entire auction amount with the Government within the prescribed period, an agreement incorporating the prescribed terms and conditions should be executed with such person on a stamp paper of Rs.100/- to be purchased by the latter at self-expense. Upon execution of the agreement the auction holder should be handed over actual possession of the sand site latest by seven days. If the successful auction holder is not handed over possession of the sand site within seven days, disciplinary auction should be initiated against the officers/employees responsible therefor.
(11) 1/4th and 3/4th amount of the auction should not be accepted after the prescribed period under any circumstances, whatsoever. Furthermore, it should be made clear to the concerned parties that the liability for the loss occasioned to the concerned parties for non execution of the agreement within the prescribed period shall not rest upon the Government.
(12) If the auction holder does not execute agreement within the prescribed period and also does not pay the balance 3/4th amount of offer within 15 days period he should not be handed over possession of the sand group. Such sand group should be re-auctioned and the 1/4th amount paid by him should be forfeited.
If the re-auction fetches a lower price than the former auction the differential amount should be recovered from the former auction holder as the arrears of land revenue. However, if the re-auction fetches a price higher (excess) than the former price the former auction holder shall not have any claim thereon.
(13) As and when the auction holder whose sand group is fixed by highest bid deposits 1/4th amount of auction bid, such auction holder and the concerned parties should be imparted training by the District Collector so that use of SMATS System becomes easier.
(14) The person whose highest offer is accepted has to deposit with the Maharashtra Maritime Board, a bank draft drawn in favour of the “Hydrographer, Maharashtra Maritime Board” in the sum equal to 10% of the offer price towards hydrographic survey fees.
(15) The auction holder/permit holder will be obliged to pay the taxes/fees prescribed by the Zilla Parishad/Panchayat Samiti.
(16) The persons who have taken part in auction, but whose offer/tender is not accepted, should be refunded the Earnest Money Deposit (EMD) paid by them for taking part in the auction at the venue of auction itself, as soon as auction proceedings conclude.
(17) If any complaints/objections/suggestions are received vis-à-vis the auction Divisional Commissioners/District Collectors/Additional Collectors as the case may be, should conduct inspection/enquiry thereof. At the end of such inspection, if Divisional Commissioners, District Collectors/Additional Collectors are satisfied that there are cogent reasons for not proceeding with the auction then the auction process should be suspended.
(18)(One) If the bid amounts called out in the auction of a sand group or the offer prices recovered through Tender are less than the upset price, then such sand group shall be re-auctioned twice by recording detailed reasons thereof.
(Two) If despite two such re-auctions a bid is not received for such group, then sand group should be re-auctioned by recording detailed general reasons as well as reasoning therefor by reducing the upset price of such sand group up to a maximum of 25%. It should be ensured that such process will conclude in 15 days period.
(Three) If despite two such re-auctions and reduction of upset price up to 25%, the re-auction of a sand group is not successful, then the Divisional Commissioners in his capacity as the Competent Authority should call together the eligible contractors, as well as the contractors operating in the areas around the concerned district on a particular day, time and place and give them an opportunity of submitting their offer or making modification thereto. In such event, if the final offer price approximates to the upset price or even less than the upset price up to 25%, the same can be accepted.
(Four) If despite all the aforesaid efforts, a sand group cannot be auctioned then in exceptional circumstances and as a matter of last resort grant of permit for excavation from such sand group for government/semi-government works can be considered for facilitating Navigational Routes. In such cases, as far as possible the upset price stipulated in the advertisement should be considered and if the price is less than the upset price or the differential is only less than the upset price up to 25% or the differential exceeds 25% then the Additional District Collector/District Collector/Divisional Commissioner should recommend the proposal for grant of such permit to the Government.
(19) At the time of execution of agreement the auction holder/permit holder shall be required to deposit with the District Collector/Additional District Collector/Divisional Commissioner, a sum equal to Rs.3,00,000/- (Rs. Three Lakh Only) or 20% of the upset price, whichever being more, as Earnest Money Deposit for the observance of the terms and conditions of the auction. However, in case of a sand group having an upset price less than Rs.10 Lakh, a sum equal to 20% of the upset price should be accepted as the Earnest Money Deposit. This amount shall be refunded to the auction holder/permit holder upon end of term of the auction/permit, if he duly observes all terms and conditions of the auction/permit during its tenure. In case of non-observance of the terms and conditions the Earnest Deposit shall be forfeited.
B.5 Procedure for Grant of Permit from Groups Reserved for Hand Basket and Dip:-
(a) For the grant of permit for excavation of sand from the “Groups reserved for excavation of sand by means of dip/hand basket though Unauctioned permit” to local persons as well as their societies traditionally engaged in such occupation the concerned District Collectors/Additional District Collectors, at the behest of the Chief Executive Officer of the Maharashtra maritime Board should place advertisement in newspapers seeking applications. Upon scrutiny of the applications so received permits shall be issued to the eligible local persons, as well as their societies at the level of District Collectors/Additional District Collectors.
(b) Traditional implements ought to be used for excavation of sand from the “Groups reserved for excavation of sand by means of dip/hand basket through Unauctioned Permit”. It should be ensured that no mechanized implements shall be used in such groups, under any circumstances, whatsoever.
C-1 General Restrictions and Terms/Conditions pertaining to Excavation of Sand:-
General restrictions on the excavation of sand and terms and conditions thereof shall be as hereunder. These conditions should be incorporated in the Agreements to be executed with the concerned auction holders/permit holders, without fail.
(1) Auction holders/Permit holders shall be obliged to obey the provisions of environment related rules, as well as Coastal Regulation Zone Regulations.
(2) Excavation of sand can be carried out only between 6.00 A.M and 6.00 P.M. Excavation carried out beyond this period shall be treated as unlawful and action shall be initiated.
(3) It shall be mandatory for the auction holder/permit holder to display boards on the site of sand groups sanctioned to him and to erect poles indicating boundaries of the excavation area upon its fixation. Sand cannot be excavated from the areas outlying the prescribed area.
(4) Auction holder/Permit holder can excavate sand only up to such depths as may be fixed by the Chief Executive Officer of the Maharashtra Maritime Board.
(5) If any auction holder/permit holder is found to have carried out excavation beyond the prescribed depth the Earnest Money Deposit accepted from him shall be forfeited and the auction/permit shall be revoked. Moreover, action shall be initiated as per the Rules by treating such excavation as unlawful.
(6) Sand cannot be excavated within the distance of 600 Metres (2000 feet) on the either side of a Railway Bridge or Road Bridge.
(7) If during the course of excavation of sand or the removal thereof any loss/damage is caused to private property the liability of making such loss good shall rest upon the auction holder. Such loss/damage shall be computed by the District Collector/Additional District Collector and his decision in that regard shall be final; such amount shall be recovered from the concerned auction holder as arrears of land revenue.
(8) Under the ease oriented Mobile based SMATS (Sand Mining Approval and Tracking System) System developed by Maha-Online, the auction holder shall be duty bound to register 3 of his Mobile numbers.
(9) Upon excavation of sand from the determined sand group, the auction holder shall be duty bound to convey such details as the units of sand in each vehicle, vehicle number, name/number of the sand group, distance between two points to be traversed by the vehicle, etc. to the designated number from his Registered Mobile via SMS mode. Upon such request, the auction holder shall receive Token Number under SMATS System on his registered Mobile by SMS. Unless, such Token Number is received sand cannot be transported.
(10) Whether or not driver of a vehicle transporting sand has a valid Token Number will be checked by the concerned Revenue Machinery, a flying squad appointed in this behalf or by such persons, as may be nominated by the District Collector. If during such checking the concerned vehicle driver is not found to possess a valid Token Number or if the designated period of such Token Number has already lapsed, then such excavation of sand shall be treated as unlawful and action shall be initiated under Sections 48(7) and (8) of the Maharashtra Land Revenue Code, 1966.
(11) In order to check unlawful excavation more effectively the concerned District Collector shall have liberty to devise such additional measures which will not impose any financial burden upon the government. The concerned District Collector may incorporate Terms and Conditions vis-à-vis such additional measures in the agreements to be executed with the auction holders.
(12) Apart from this, other Terms and Conditions regarding excavation of sand have been set out in the Appendix-“A” herein and they shall be binding on the auction holders.
C-2 Submission of Monthly Reports regarding excavation of sand:-
Concerned District Collectors should submit Monthly Returns to the Divisional Commissioners and the Director of the Directorate of Geology and Mining, Nagpur, setting out such details as the Total Number of sand groups in the Coastal Regulation Zone from each district, total number of sand groups which are auctioned, Total number of sand groups which are not so auctioned, revenue fetched by the Government from such auctions, extent of sand excavated from each sand group etc.
C-3 Action to be taken vis-à-vis difficulties in the excavation of sand:-
(1) If the auction holder whose auction is finalised upon acceptance of the highest bid faces any impediments/difficulties in the excavation of sand he is requested to inform the concerned Tahsildar accordingly. Upon receipt of such complaint, the concerned Tahsildar should conduct an inquiry into the difficulties encountered in the excavation of sand from such sand group and submit his report in that behalf to the District Collector/Additional, and in furtherance of such complaint the District Collector/Additional District Collector is required to take a decision in 15 days, in consultation with the Chief Executive Officer of the Maharashtra Maritime Board.
(2) No auction holder under any circumstances can seek extension of the term of excavation of sand or the exchange of a sand group for any reason, whatsoever, after auction is finalised by acceptance of highest bid. District Collectors/Additional District Collectors or the Chief Executive Officers of the Maharashtra Maritime Board shall not have the power to extend the term of sand excavation or to exchange a sand group. In exceptional circumstances, though, the Government shall have the powers to take a final decision in that regard.
C-4. Committee for addressing complaints regarding excavation of sand and its Procedure:-
(a) In course of time, several persons and bodies very often make complaints regarding violation of terms and conditions of auction in respect of a sand group, which was auctioned off by following the procedure prescribed by the Government in the matter of excavation of sand from such sand group or regarding damage caused to farms/roads abutting creeks on account of unlawful/irregular excavation of sand or transportation thereof or such other complaints. The following Committee presided over by Divisional Commissioner and consisting of following officers is hereby constituted to address such complaints and to initiate appropriate action thereon on the basis of findings of the enquiry conducted by them:-
| 1] | Divisional Commissioner | President |
| 2] | District Collector | Member |
| 3] | Chief Executive Officer, Zilla Parishad | Member |
| 4] | Executive Engineer of the Public Works Department in the district | Member |
| 5] | Officer of the Maharashtra Pollution Control Board | Member |
| 6] | Concerned Port Officer | Member |
| 7] | District Mining Officer | Member Secretary |
(b) If auction holder/permit holder of a sand group which was auctioned off/permitted to him faces local opposition against carrying out excavation or if due to natural reasons or substantial reasons beyond the control of such auction holder/permit holder, it is not possible to carry out excavation from such sand group, then the auction holder/permit holder should make a complaint/application and bring such facts to the notice of the concerned District Collector/Additional District Collector. District Collectors/Additional District Collectors should conduct enquiry in that regard and place facts before the Committee presided over by the Divisional Commissioner for appropriate further action.
(c) Upon receipt of written complaints of the above nature regarding any sand groups from the district the aforesaid Committee should pay actual visit to the sites of such sand group and get such sand groups re-surveyed. After conducting a local enquiry into other points raised in such complaints and after deliberation in the Committee meeting, the Committee should take appropriate decision on such complaints within 15 days and convey such decision to the concerned auction holders, permit holders, complainants and field revenue officers.
(d) A complainant aggrieved by the decision taken by the aforesaid Committee on his complaint may prefer an appeal therefrom to the Government. Accordingly, appropriate decision shall be taken at the level of the Government on the appeal, as well as the complaints received at the Government level.
(e) If the Government revokes the auction/permit during the term of agreement executed for the excavation of sand by means of auction/permit or if the auction holder/permit holder is banned from carrying out excavation or extracting sand from the areas sanctioned to him the latter cannot sue the Government.
If due to any valid reason such as opposition from the villagers, judicial decision, natural difficulties, opposition by the administrative machinery any auction holder/permit holder is obstructed in the excavation work or transportation or if he does not receive possession of the sand group and for these reasons auction contract/permit comes to be revoked, then the period for which contract/permit is revoked preceding the expiration of the term of auction/permit, the latter shall be refunded the amount which is proportionate to the price at which he procured the auction/permit. In the event of refund, the amount of refund shall be computed by taking into consideration the amount of auction offer/permit, the estimated stock of sand covered by such auction/permit, as well the extent of stock of sand actually excavated.
C-5 Action to be taken against the Auction Holder/Permit Holder for violation of Terms and Conditions:-
(a)(one) District Collectors/Additional District Collectors should ensure that there is no collusion amongst the auction holders in the auction of a sand group. District Collectors/Additional District Collectors shall have the powers to blacklist the auction holders who defraud the Government of its revenue by collusive action in the auction, as well as the auction holders who frequently involve the Government in litigation and further to prohibit them from taking part in the auction. Furthermore, for a composite sand group such powers shall vest in Divisional Commissioners.
(b)(two) An auction holder who does not pay the balance amount of auction within 15 days of the date of auction should be blacklisted for the whole of state and he should be disqualified from taking part in the auction in any district.
(b) If any auction holder/permit holder carries out excavation of sand outside the demarcated areas of a sanctioned sand group or carries out excavation beyond the depth fixed by the Maharashtra Maritime Board, as well as in the areas outlying the prescribed areas, such excavation should be treated as unlawful and action should be taken against him as per the prevailing Rules. Moreover, his contract/permit should be revoked and criminal prosecution should be initiated and the amount deposited with the Government should be forfeited.
(c) Wherever cases of unlawful excavation/transportation/storage of sand are detected, then in such cases the concerned contractors/auction holders/permit holders/owners of vehicles/ drivers of vehicles are found guilty, then action under Rule 48(7) and (8) of the Maharashtra Land Revenue Code, 1966 should be initiated. While taking action as per the prevailing Rules, action, inter-alia, in the nature of registration of offence under Section 379 of the Indian Penal Code, forfeiture of vehicle, forfeiture of the unlawfully excavated sand, recovery of royalty and penalty should be initiated. Moreover, while taking any penal action against unlawful excavation/transportation of sand, if it is ever noticed that revenue officers/staff are subjected to assault and incidents of organised crime are detected in such places, then action under an Anti-Organised Crime Law such as MCOC Act, too can be contemplated.
(d) Since sand is excavated for the purpose of facilitating Navigational Routes through the coastal areas, the auction holders/permit holders would be required to start carry out proportionate excavation within one week of the date of taking possession of the sand group following sanction of auction/permit. Concerned District Collectors would be required to monitor as to whether an auction holder/permit holder carries out proportionate excavation or not. If there are any complaints regarding proportionate excavation such complaints should be addressed by the aforesaid Committee. The decision of the Committee in this regard shall be final. In this regard, the Maharashtra Maritime Board should offer necessary technical assistance. If an auction holder/permit holder does not carry out proportionate excavation, then apart from the amount deposited by him with the government on account of auction, the amount of expenditure incurred for facilitating Navigational Routes or for prevention of flood-like situation, too would be recovered from such auction holder/permit holder as penalty. Furthermore, the auction would be revoked and the amount paid during auction would stand forfeited. .
C-6. Monitoring Excavation of Sand:-
(a) In order to exercise effective control over excavation/transportation of sand, District Collectors/Additional District Collectors should raise independent Flying Squads/Vigilance Teams at the level of Tahsil and District, which would comprise field employees of the Maharashtra Maritime Board, as well as officers/staff members drawn from Police, Coast Guard Police and Revenue Staff. These Squads shall be responsible for resisting unlawful excavation and transportation of sand, as well as.
(b) When incidents or cases of unlawful excavation/transportation are reported strict checks should be conducted to find out as to whether the officers/employees from whose jurisdictional area such cases are reported are responsible therefor. If during such checks such local officers/employees are found to be responsible for such unlawful excavation or if it is noticed that they have not exercised sufficient control over such unlawful excavation/transportation then Additional District Collectors/District Collectors should proceed to fix accountability upon such officers/employees and initiate disciplinary action against them as per the prevailing Rules.
(c) An Online System should be developed to take cognizance of complaints/anonymous complaints regarding excavation/transportation of sand. Such system should provide for the online registration and numbering of complaints/anonymous complaints. A Toll Free Number should be provided at the place of each district for receiving complaints regarding unlawful excavation/transportation of sand. Furthermore, the office of each District Collector/Sub-Divisional Officer/Tahsildar should maintain a Register regarding complaints/anonymous complaints in the matter of unlawful excavation/transportation of sand. Such Register should disclose complete information regarding the complaint and detailed information regarding action in furtherance of such complaint. Moreover, information regarding such complaints/anonymous complaints should be made available online.
(d) The Maharashtra Maritime Board, the Maharashtra Coastal Zone Management Authority and the Flying Squads should conduct frequent checks at the site where sand excavation is permitted for facilitating Navigational Routes with a view to finding out unlawful excavation of sand in the CRZ areas.
D. Procedure to be followed in the disposal of forfeited Sand Stock:-
(1) Auction of forfeited sand stock should be carried out as per the Upset Price fixed by District Collectors/Additional District Collectors.
(2) In the auction of forfeited sand stock, Upset Price should be fixed as per the average per brass price fetched by the auction in the district. Where no auction is conducted, Upset Price should be fixed as per the average per brass price fetched by the auction of sand in the preceding year.
(E) Funds for the concerned Village Panchayats from the Maharashtra Mineral Development Funds:-
From the proceeds accruing from the royalties of the Minor Minerals in the preceding year, a 10% sum is credited to the Maharashtra Mineral Development Funds. Of this sum, 1/3rd fund should be spent for defraying administrative expenditure of the Directorate of Geology and Mining, Nagpur and the Maharashtra State Mining Corporation, Nagpur; Of the balance 2/3rd amount, 50% share should be allotted to the Village Panchayats of the villages from whose sand groups sand is excavated for the purposes of development works in such village viz. health service, environment balance etc. and the balance amount should be utilised for the repairs of village roads, village link roads, as well as the roads leading to main roads on which sand is transported. District Collectors should take into consideration the demands raised by Village Panchayats and the Guidelines of the Department of Industries, Power and Labour issued in this regard, while preparing proposals in this regard and submit such proposals to the Department of Industries, Power and Labour. The Department of Industries, Power and Labour should disburse funds to the implementing agencies for carrying out works in the areas of the concerned Village Panchayats through the Maharashtra State Mining Corporation by following current procedure and having due regard to the provisions of the Government Resolution in the Department of Industries, Power and Labour, bearing No:-MDF-1010/Pra.Kra.1037/Udyog-9, Dt.01.08.2012.
(F) If any orders, instructions issued under any previously issued Government Resolutions, Government Memoranda, Government Circulars or Government Letters vis-à-vis mining of sand or such ancillary matters, are found to be inconsistent with any provisions of this Government Resolution, then in such case the provisions contained in this Government Resolution should be treated as final and action/implementation should be started accordingly.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 201505201734517519. This Resolution has been attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra,
Manukumar Srivastava – Digital Signature
[Manukumar Srivastava]
Principal Secretary to the Government
Copy:-
1] The Secretary to the Hon’ble Governor, Raj Bhawan, Malbar Hill, Mumbai (By Letter),
2] The Principal Secretary to the Hon’ble Chief Minister, Maharashtra State, Mantralaya, Mumbai,
3] Private Secretaries to all Hon’ble Ministers/Hon’ble Ministers of State, Mantralaya, Mumbai,
4] Additional Chief Secretaries/Principal Secretaries/Secretaries in all Mantralaya Departments,
5] All Divisional Commissioners,
6] The Chief Executive Officer, Maharashtra Maritime Board, Ballard Estate, Mumbai-01,
7] All District Collectors,
8] All Sub-Divisional Officers,
9] All Tahsildars,
10] The Director of the Directorate of Geology and Mining, Nagpur,
11] The Managing Director, the Maharashtra State Mining Corporation, Nagpur,
12] The Principal Chief Conservator of Forests, Nagpur,
13] The Accountant General-1, Maharashtra State (Accounts & Entitlement), (Audit), Mumbai,
14] The Accountant General-2, Maharashtra State (Accounts & Entitlement), (Audit), Nagpur,
15] All Desks in the Department of Revenue and Forest, Mantralaya, Mumbai-400 032,
16] Select File, “Kha” Desk, Department of Revenue and Forest, Mantralaya, Mumbai-400 032.
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APPENDIX- A
Accompanying Government Resolution No:-GauKhaNi-10/1014/Pra.Kra.500/Kha, Dt.21/05/2015
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Other Terms and Conditions concerning Auction of Sand
(1) While carrying out excavation of sand from the sanctioned areas auction holders/permit holders shall be obliged to take all precaution to ensure that no harm is caused to natural resources and environment.
(2) Auction holders/permit holders must not cause any prejudice to the easementary rights of villagers while carrying out excavation of sand.
(3) Auction holders/permit holder shall be required to maintain Daily Accounts Registers regarding excavation, sale and transportation of sand. It shall be mandatory to make available such Register and other documents for the inspection of District Mining Officers, Mining Inspectors, Revenue Officers and the Officers deputed for inspection from the office of Maharashtra Maritime Board and the Directorate of Geology and Mining at site of excavation, itself.
(4) If any auction holder is to be issued permit for the transportation of sand, he must give preference to co-operative society/societies.
(5)(One) It should be ensured that only registered boats and barges are used in the excavation or transportation of sand. If any unregistered boats, suction pumps, dredgers and barges are found to be used in the excavation or transportation of sand then penal action should be initiated in that regard. Furthermore, in diverting sand excavated from the CRZ areas to Mumbai, instead of transportation by road, the transportation thereof by waterways/rail road should be attempted on priority basis.
(TWO) District Collectors/Additional District Collectors should explore as to whether it is feasible to apply same type of colour to trucks transporting sand and accordingly, trucks bearing same type of colour shall be used in the transportation of sand, after consultation in this regard with the auction holders/permit holders.
(THREE) It shall be mandatory to cover the sand with plastic paper/tarpaulin during the course of its transportation by vehicle. Penal action shall be taken if it is not so transported.
(6) Auction holders/permit holders should only load the quantity of sand equal to carrying capacity of the vehicle transporting sand from the auction site. If any vehicle is found to carry quantity of sand exceeding the carrying capacity of the vehicle, the sand shall be forfeited by treating the entire sand load contained in the vehicle as unlawful and penal action shall be initiated as per Rules. Moreover, action shall be initiated under the Motor Vehicles Act for such transportation in excess of its capacity.
(7) if there is any accident during the course of excavation or transportation of sand the auction holder/permit holder should immediately inform the nearest Police Station regarding such accident.
(8) Auction holders/permit holders shall be obliged to obey the provisions of Terms and Conditions contained in the Agreement, as well as the provisions of the Minor Minerals Extraction Rules, besides the applicable provisions of the Maharashtra Land Revenue Code, 1966. Moreover, auction holders/permit holders must use sand as a minor mineral only.
(9) If during the course of excavation of sand any major minerals are found the concerned auction holders/permit holders shall be obliged to inform the Chief Executive Officer of the Maharashtra Maritime Board, Divisional Commissioner, as well as District Collector/Additional District Collector within seven days.
(10) If a sand group is found to contain excess sand stock than the estimated quantity, the auction holder/permit holder shall not be entitled to it and such auction holder/permit holder cannot be permitted to carry out excavation in excess of the estimated quantity.
(11) The responsibility of carrying out excavation of sand from the areas covered by auction/permit during the term stipulated in the Agreement and by the means of implements permitted thereunder shall rest upon the auction holder/permit holder. Under no circumstances such term shall be extended, or the sand group be exchanged for such reasons as non-availability of stock at sand site, non-availability of roads, besides reasons of manmade or natural calamities.
(12) The Chief Executive Officer of the Maharashtra Maritime Board may impose appropriate restrictions upon the use of dredgers for excavation of sand for removing obstacles from the Navigational Routes and in the interest of aquatic life and water resources.
(13) Sand excavated from a district shall be stored in the same district to which the auction/permit extends and the responsibility of acquiring necessary land with Non-Agricultural Permission shall rest upon the auction holder/permit holder. If stock of sand excavated prior to the lapse of contract/permit is not removed from the site of excavation within 10 days of the lapse of term, the same shall vest in the Government. In such event, the auction holder/permit holder shall not be able to stake his claim upon the price of such sand or the ownership thereof nor shall he be able to sue the Government in that regard.
After the lapse of aforestated period of 10 days upon efflux of auction/ permit period permission for storage of sand shall not be granted nor Subsidiary Transport Passes be issued for the transportation thereof, under any circumstances, whatsoever.
(14) Without prior permission of the Government an auction holder/permit holder cannot transfer his auction rights/contract/permit to any other person nor can he let out the same for operation nor can he induct a partner after the auction.
(15) It shall be mandatory for the auction holders/permit holders to submit returns regarding excavation carried out by them from their sanctioned sand groups to the Chief Executive Officer of the Maharashtra Maritime Board and District Collectors/Additional District Collectors by the 10th day of the following month. District Collectors/Additional District Collectors shall have the powers to initiate penal action and to revoke contract/permit of the auction holders/permit holders who do not file their returns within prescribed period.
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Copyright Reserved-©]
[Text Translated by Adv. Prakash Manohar Chalke-
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