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State of Telangana - Section

Section 4 in Telangana State Sand Mining Rules, 2015

4. Constitution of Sand Monitoring Committee (SMC).

- In partial modification to G.O.Ms.No.38, dated 12.12.2014, the District Collector & Magistrate shall be the Chairman of the District Level Sand Committee. There will be a State Level Committee with Chief Secretary of the State as Chairman.
(1)Constitution of District Level Sand Committee (DLSC)The identification of sand bearing areas in III, IV and above order streams/rivers for extraction shall be by the District Level Sand Committee. The District Collector shall be the Chairman of the District Level Sand Committee, other members will consist of the following officers:
(a) District Collector : Chairman
(b) Joint Collector : Vice-Chairman
(c) *Project Officer, ITDA concerned. : Member
(d) District Panchayat Officer : Member
(e) Dy. Director, Ground Water Dept. : Member
(f) Executive Engineer, Irrigation/RiverConservator. : Member
(g) Executive Engineer, Rural Water Supply : Member
(h) Environmental Engineer, TelanganaStatePollution Control Board. : Member
(i) Nominee of Telangana State MineralDevelopmentCorporation Ltd. (TSMDC) : Member
(j) Asst. Director of Mines & Geology concerned. : Member-Convenor
*In case of sand reaches falling partly or fully in Scheduled Areas.
(i)The District Collector may invite any other officer like the Superintendent of Police and District Transport Officer as deemed fit.
(ii)The Assistant Director of Mines & Geology concerned shall identify the potential sand bearing areas on regular basis and place proposals before District Level Sand Committee.
(iii)The Chairman, District Level Sand Committee shall order for joint inspection of identified sand bearing areas and obtain reports from the following:
(a)[ The Ground Water Dept. shall issue the feasibility report under Water, Land and Tree Rules, 2004 or any suitable subsequent rules/ amendments to be issued by the Govt. from time to time, record the geo-coordinates of the specified sand bearing area as marked on ground by the Revenue Dept., with two permanent reference points alongwith specific recommendations on the thickness and mode of sand extraction.] [Substituted Notification No. G.O.MS.NO. 15, dated 19.2.2015 (w.e.f. 8.1.2015).]
(b)The Executive Engineer/River Conservator shall issue clearance for the ramps with Geo-coordinates.
(c)[ The Revenue Department shall demarcate the specified sand bearing area as per the geo-coordinates recorded alongwith two permanent reference points and furnish sketch to be appended to the Agreement of Allotment in Form-S1. [Substituted Notification No. G.O.MS.NO. 15, dated 19.2.2015 (w.e.f. 8.1.2015).]
(d)Pay the seigniorage fee in advance and obtain Permit for Despatch for Sand in Form-S2 from the Asst. Director of Mines & Geology concerned and despatch sand from the specified sand bearing area to stockyard.]
(iv)
(a)The Collector & Chairman, District Level Sand Committee shall finalize the specified sand bearing areas as per sub-rule (iii) and issue in-principle allotment notice to Telangana State Mineral Development Corporation calling for Approved Mining Plan, Environmental Clearance and Consent for Operation within (3) months.
On application filed by the Telangana State Mineral Development Corporation, the Chairman DLSC may give a (3) months extension for submission of Statutory Clearances.
(b)Telangana State Mineral Development Corporation shall obtain the following statutory clearances:
(i)Approved mining plan from the Deputy Director of Mines & Geology of the Region concerned.
(ii)Environmental Clearance (EC) from State Environment Impact Assessment Authority.
(iii)Consent for Establishment (CFE)/Consent for Operation (CFO) from Telangana State Pollution Control Board.
(c)On submission of Statutory Clearances, the Chairman, District Level Sand Committee shall allot the specified sand bearing area to Telangana State Mineral Development Corporation Limited for extraction of sand.
(d)M/s Telangana State Mineral Development Corporation Limited shall execute a lease deed in Form-S1 with Assistant Director of Mines and Geology concerned within (15) days from the date of allotment order.
On application filed by M/s Telangana State Mineral Development Corporation Limited, the Chairman, District Level Sand Committee may condone the delay and extend the time for a period of (15) days for execution of lease deed.
(v)Extraction of sand from specified sand bearing areas: Telangana State Mineral Development Corporation after execution of lease deed shall:
(a)Extract sand by engaging a raising contractor from the specified sand bearing area to an approved stock yard. The raising contractor will be selected under strict competitive bidding process.
(b)The sand extraction shall be under electronic surveillance and electronic documentation linked to a central documentation monitoring facility to be developed by Telangana State Mineral Development Corporation.
(c)The extraction of sand shall be manual or mechanized as per the approved mining plan and Environment Clearance.
(d)The extracted sand shall be moved to stock yards and weighed or by volumetric analysis before unloading at the stockyard.
(e)The purchaser of the sand shall pay the sale price to Telangana State Mineral Development Corporation and obtain transit pass /way bill
(f)Loading of sand from the stockyard shall be as per the approved capacity of the vehicle through weighment [or Volumetric] [Added by Telangana Notification No. G.O.MS. No. 30, dated 6.5.2015 (w.e.f. 8.1.2015).].
(g)The transit pass shall have the security seal of Telangana State Mineral Development Corporation stamp with date, time and indicate the destination/route for tracking by way of GPS facility to be developed.
(vi)Telangana State Mineral Development Corporation shall dispose sand from the stockyard as per the sale price fixed by the Government from time to time.
(vii)The Member-Convenor shall convene the District Level Sand Committee (DLSC) meetings frequently to ensure sand availability in the District.
(viii)The period of allotment for extraction shall be for five (5) years from the date of agreement subject to:
(a)Assessment of annual replenishment of sand to sustain the extraction.
(b)Feasibility report by Ground Water, Irrigation Dept., with Approved Mining Plan and CFO from TSPCB every year.
(c)The period of sand extraction from the allotted area shall be as per the local conditions, reflected in the Approved Mining Plan and CFO.
(d)During the subsistence of allotment, the DLSC shall review the status before (30) days from the date of expiry of first year/subsequent year period or exhaustion of estimated quantity and order for joint inspection to explore continuation of extraction after fulfilment of Rule 4(viii)(b).
(e)If the specified sand bearing area is feasible for sand extraction, the Chairman-DLSC shall call for Mining Plan, CFO and approve for continuation of extraction.
(f)If the specified sand bearing area is not feasible for sand extraction, the Chairman-DLSC shall order for stoppage of sand extraction for a specified period and Telangana State Mineral Development Corporation shall safeguard the area.
(g)Due to any reason, the allottee can surrender the area allotted by making an application to the Chairman, DLSC through the Member-Convenor.
(2)Constitution of State Level Committee (SLC):The State Level Committee shall consists of the following Officers:
(a) Chief Secretary : Chairman
(b) Director General of Police : Member
(c) Spl. C.S. & CIP, Ind. & Com. Dept. : Member
(d) Prl.Secy., Revenue Dept. : Member
(e) Prl.Secy., Rural Development : Member
(f) Prl.Secy., I & CAD Dept. : Member
(g) VC & MD, TSMDC : Member
(h) Commissioner, Rural Development : Member
(i) Commissioner, Transport Dept. : Member
(j) Member-Secretary, TSPCB : Member
(k) Director, Ground Water Dept. : Member
(l) Engineer-in-Cheif, Irrigation Dept. : Member
(m) Director of Mines & Geology : Member-Secretary
The State Level Committee shall meet periodically to take up review of the performance, the matters referred by District Level Sand Committee for review of any statutory provisions and issue necessary guidelines for proper implementation of the Rules.