G.R. dated 07.01.2010-– Sub- Condonation of Royalty on minor minerals extracted from MIDC and Co-operative Industrial estate areas*
Regarding condonation of Royalty chargeable on minor minerals extracted from the plots sanctioned by the Maharashtra Industrial Development Corporation, as well as the areas of the Maharashtra Industrial Development Corporation and Co-operative Industrial Estates
Government of Maharashtra
Department of Revenue & Forest
Government Resolution No. Gau.Kha.Ni-10/0307/Pra.Kra.57/Kha.
Mantralaya, Mumbai-400 032
Government Resolution in the Department of Revenue & Forest, bearing No.Gau.Kha.Ni.1088/433/3592/Kha. Dt.18th October, 2001.
By the above referred Government Resolution, all existing orders regarding grant of minor minerals without charging any royalty for the works of Government, Zilla Parishads, CIDCO and Maharashtra Road Development Corporation were superseded and a decision was taken to charge royalty on the minor minerals required for the works of Government, Zilla Parishads, CIDCO and the Maharashtra State Road Development Corporation as per the provisions of the prevailing Minor Minerals Extraction Rules.
With a view to resolving the difficulties encountered in setting up industry on the plots sanctioned to entrepreneurs by the Maharashtra Industrial Development Corporation, the Cabinet has sanctioned a proposal from the Department of Industries to the effect that exemption be granted in the payment of Royalty chargeable under section 48 of the Maharashtra Land Revenue Code, 1966 and the above referred Government Resolution and if so necessary the relevant statute and Government Resolutions be amended accordingly; further that where industrial units have already been served with notices for the recovery of Royalty and the penal amount thereon and such notices are still pending, such industrial units be exempted from the payment of Royalty and the penal amount, Moreover, 100% exemption be granted in the payment of royalty chargeable on the extraction of minor minerals while carrying out construction in the areas of the Maharashtra Industrial Development Corporation and Co-operative Industrial Estates. The Cabinet has sanctioned a proposal from the Department of Industries, to that effect.
Against the above background, the Government, in partial modification of the Government Resolution No.Gau.Kha.Ni-1088/433/3592/Kha, Dt.18th October, 2001, has resolved as hereunder:-
1] If some digging work is warranted while carrying out development of leased plots sanctioned for industries by the Maharashtra Industrial Development Corporation, on as it is where it is basis, the concerned plot holder shall be granted 100% exemption in the payment of Royalty, if the minor mineral extracted from such digging work is used for construction or some other development work on the same plot. However, if the minor mineral extracted from digging work on the said plot is used elsewhere other than such area or if it is sold, Royalty as per Rules shall be payable.
2] The Field Revenue Officers shall have the power to dispose off by auction or permit the minor minerals so extracted, but which are not utilised for construction or some other development work.
3] This Resolution shall be applicable to those cases where extraction was carried out after 01/11/2006, but penal action against the concerned parties by way of notice was initiated before the date of this Government Resolution; however, penal amount has not been recovered, as yet.
4] Apart from Maharashtra Industrial Development Corporation, 100% exemption in the payment of Royalty to be charged on the extraction of minor minerals for construction work in the areas of co-operative industrial estates shall be given.
5] Entrepreneurs cannot sell/make commercial use of the minor minerals extracted from such area.
6] The office of District Collector should exercise due caution so that minor minerals are not misused.
7] It will be incumbent to seek permission of the District Collector to carry out extraction of the minor minerals as well as for the use of minor minerals so extracted. The District Collector shall be required to take decision on the application within 15 days of the receipt of such application for permission.
2. This Resolution shall be applicable since the New Industrial Policy came into effect, i.e. after 01/11/2006.
By the order and in the name of the Governor of Maharashtra.
Department of Revenue & Forest
All Divisional Commissioners,
All District Collectors,
The Director, Directorate of Geology & Mining, Nagpur,
Chief Executive Officers, all Zilla Parishads,
The Managing Director, Maharashtra Industrial Development Corporation, Mumbai,
All Departments in Mantralaya,
The Accountant-General-1, Maharashtra State, Mumbai,
The Accountant-General-2, Maharashtra State, Nagpur,
The Director, Accounts & Treasury, Maharashtra State,
Department of Finance, Expenditure (Vyaya)-9, Mantralaya, Mumbai,
B-1, Work-Desk, Department of Revenue & Forest
“Kha” Work-Desk, Department of Revenue & Forest (Select File)
*[Translated by Adv. Prakash Manohar Chalke,