Section 7 in Telangana State Sand Mining Rules, 2015
7. De-casting sand from Pattalands.
- In case of the sand cast in pattalands, the pattadar shall be allowed to de-cast sand to make the land fit for agriculture.To eliminate vested interests, no Agent/GPA/Lease holders other than the pattadar shall be involved in de-casting process.(1)De-casting in pattalands abutting the river course:(a)The pattadar shall apply to the Asst. Director of Mines & Geology concerned alongwith copy of pattadar pass book and Title deed book and location of the land on village map.(b)Asst. Director of Mines & Geology concerned shall take up joint inspection of the pattaland with the following:(i)Tahsildar shall identify the pattaland, possessor/ occupier and furnish attested sketch demarcating the area. The boundaries will then be fixed on ground.(ii)Mandal Agriculture Officer shall certify that without de-casting the pattaland is not fit for agriculture.(iii)The Ground Water Dept. shall record the geocoordinates of the pattaland as per boundaries fixed by the Tahsildar, assess the thickness, quantify the sand to be de-casted and give specific recommendation on the mode of de-casting i.e. manual or mechanized.(iv)Asst. Director of Mines & Geology shall certify the suitability of sand for construction.(v)Executive Engineer, Irrigation Dept., concerned shall report on the location of patta land with reference to river course/bed.(vi)[ The project officer/nominee of TSMDC shall also be part of joint inspection team for the patta land where the pattadar is giving willingness/consent for de-casting sand to TSMDC] [Inserted by Telangana Notification No. G.O.MS. No. 30, dated 6.5.2015 (w.e.f. 8.1.2015).](2)[ After receipt of joint inspection report, the Assistant Director of Mines and Geology concerned shall stipulate the period of de-casting and place the proposals for de-casting sand before the District Level Sand Committee. [Substituted by Telangana Notification No. G.O.MS. No. 30, dated 6.5.2015 (w.e.f. 8.1.2015).](3)The District Level Sand Committee (DLSC) shall examine the proposals on de-casting sand from patta lands and accord its approval.](4)[(a) After receipt of orders from the [District Level Sand Committee] [Substituted 'Sand extraction in I and II order streams' Notification No. G.O.MS.NO. 15, dated 19.2.2015 (w.e.f. 8.1.2015).] the District Collector shall issue necessary permission to the pattadar for de-casting sand.(b)The pattadar shall furnish refundable security deposit equivalent to 25% of seigniorage fee on the entire assessed quantity of sand in the form of Demand Draft in favour of Asst. Director of Mines & Geology concerned, enter into an agreement in Form-S4 as appended to this order, remit seigniorage fee on the quantity of sand proposed for decast in advance before issue of dispatch permits in transit form in Form-S3.](c)[ (i) The de-casting sand in any pattaland abutting river bed, to make the land suitable for cultivation shall be by M/s.Telangana State Mineral Development Corporation Limited. [Substituted by Telangana Notification No. G.O.MS. No. 54, dated 21.8.2015 (w.e.f. 8.1.2015).](ii)The District Level Sand Committee will hand over the pattaland to M/s.Telangana State Mineral Development Corporation Limited for de-casting of sand.(iii)M/s.Telangana State Mineral Development Corporation Limited will enter into agreement with the pattadar and comply with such other conditions as deemed fit as per the procedure involved to conduct de-casting sand from pattaland.(iv)The pattadar may get 35% of the share from the sale amount with a maximum ceiling of Rs.200/- per Cu. Mt. earned by M/s.Telangana State Mineral Development Corporation Limited due to sale of sand de-casted from his / her pattaland.](d)[ Upon according permission by the District Level Sand Committee being State PSU, Telangana State Mineral Development Corporation is exempted from payment of refundable security deposit equivalent to 25% of seigniorage fee on the entire assessed quantity of sand. M/s.Telangana State Mineral Development Corporation shall enter into an agreement in amended Form-S4(a) as appended to this order with the Asst. Director of Mines & Geology concerned, remit seigniorage fee on the quantity of sand proposed for de-cast in advance before issue of dispatch permit in transit form in amended Form-S3(a).] [Inserted by Telangana Notification No. G.O.MS. No. 30, dated 6.5.2015 (w.e.f. 8.1.2015).](5)Responsibilities of the pattadar:(a)[ Shall dispose the de-casted sand from the pattaland and dispatch alongwith transit form in Form-S3 issued by the Asst. Director of Mines & Geology concerned duly indicating the quantity, destination, date and time. Every vehicle carrying sand de-cast from pattaland shall carry Form-S3 at all times from source to end consumption point. [Substituted Notification No. G.O.MS.NO. 15, dated 19.2.2015 (w.e.f. 8.1.2015).](b)The de-casted sand shall be disposed from the pattaland as per the sale price fixed by the Government from time to time.(c)The loading of sand from the pattaland shall be as per the capacity of the vehicle permitted by the Transport Dept.(d)Any contravention by the pattadar during the de-casting, the Chairman, DLSC may order for collection of:(i)Rs.1,00,000/- or Rs.500/- per Cu. Mt. whichever is higher as penalty on de-casting sand beyond the specified extent or in excess of permitted depth.(ii)Repeated violations will result in cancellation of permission and forfeiture of security deposit.](e)[ M/s.Telangana State Mineral Development Corporation Limited shall generate on-line Transit Form {Form-S3(a)} instead of being issued by the Asst. Director of Mines & Geology concerned for dispatch of sand from de-casted area after payment of seigniorage fee and obtaining permit.] [Substituted by Telangana Notification No. G.O.MS. No. 54, dated 21.8.2015 (w.e.f. 8.1.2015).](f)[ M/s.Telangana State Mineral Development Corporation shall dispose de-casted sand from the pattaland as per the sale price fixed by the Government from time to time.] [Inserted by Telangana Notification No. G.O.MS. No. 30, dated 6.5.2015 (w.e.f. 8.1.2015).](6)To prevent indiscriminate removal of sand from pattalands abutting the Riverbed, more rigorous vigilance and inspections shall be taken up.(7)The District Level Sand Committee shall issue operational guidelines for de-casting sand from pattalands abutting river bed.(8)The pattalands located in the midst of the river course/bed:In case of pattalands located in the midst of the river bed/course, the pattadar shall enter into an agreement for removal of sand by Telangana State Mineral Development Corporation Ltd.The Chairman, District Level Sand Committee shall allot the pattalands located in the midst of the river course/bed to Telangana State Mineral Development Corporation Limited as per Rule 2(i) readwith Rule 4 (iv) (c).
