Bihar Mineral (concession, prevention of illegal mining, Transportation & storage) Rules, 2019

Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019

Document available at ielrc.org/content/e1910.pdf for information purposes only, not an official version.

CHAPTER-I: PRELIMINARY

1. Short Title, Extent, and Commencement:
- These rules are called the BIHAR MINERALS (CONCESSION, PREVENTION OF ILLEGAL MINING, TRANSPORTATION & STORAGE) RULES, 2019.
- They extend to the whole State of Bihar.
- They come into force on the day of their publication in the Official Gazette.
2. Definitions:
- (i) Act: Means the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957).
- (ii) Collector: Means the Collector-cum-District Magistrate of a district or any person appointed by the Government to exercise the powers and perform the functions of the Collector-cum- District Magistrate.
- (iii) Competent Officer:
  - (a) For quarrying permits in reserved and protected forests where mining is merely surface removal or from a depth $\le 5$ feet, and to a limit of 10,000 cubic feet, the Divisional Forest Officer of the concerned areas.
  - (b) In all other cases, for all lands and sub-soil, including any right in mines and minerals, the Mining Officer of the District.
- (iv) Competent authority: Means the authority for exercise of such powers and carrying out of such functions as specified in these rules and shall include officer authorised by the Central Government as per the Environment Impact Assessment Notification and Environment Protection Act in case of granting Environmental Clearance.
- (v) Carrier: Means any mode or conveyance of facility by which Ore/mineral is transported from one place to another and it includes mechanized device, person, animal, Cart, Boats;
- (vi) Department: Means the Department of Mines and Geology, Government of Bihar.
- (vii) Divisional Commissioner: Means the Commissioner of a Division appointed as such by the State Government.
- (viii) Director of Mines: Means the Director of Mines appointed as such by the State Government.
- (ix) Export: Means to take out of the State of Bihar otherwise than across a customs frontier as defined by the Central Government.
- (x) Form: Means a form set out in Schedule I appended to these rules.
- (xi) Government: Means the State Government of Bihar.
- (xii) Import: Means to bring into the State of Bihar otherwise than across a customs frontier as defined by the Central Government.
- (xiii) Local Authority: Means a Municipal Committee, District Board, or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund.
- (xiv) Mines Commissioner: Means the Commissioner of Mines and Geology, Bihar, or any other Officer authorized in this behalf by the State Government to perform the duties of Commissioner under these rules.
- (xv) Minor Minerals: Means minor minerals as defined in clause(e) of Section 3 of the Mines and Minerals (Development and Regulation) Act, 1957 and includes such minor minerals as notified by the Ministry of Mines in their Notification No. SO 423(E) dated 10.02.2015.
- (xvi) Mineral Concession: Means a mining lease or settlement in respect of minor minerals and includes quarrying permits, permitting the mining of minor mineral(s) in accordance with the provisions of these rules.
- (xvii) Mineral Concession Holder/ Settlee/Lessee: Means a person(as defined in these rules) holding a valid Mineral Concession for quarrying/raising stone, sand and other minor minerals from the settled/ lease hold area and would also include the plural there of;
- (xviii) Mining Plan: Means a plan prepared by a Recognized Qualified Person (RQP) on behalf of Department /mineral concession holder of minor minerals and includes progressive and final mine closure plans.
- (xix) Mining Officer: Means the officer as mentioned under these rules.
- (xx) Person: Means an individual, a firm, a company, an association or body of individuals, an institution or department of the State Government or Central Government.
- (xxi) Prescribed: Means prescribed by these rules or guidelines.
- (xxii) Public Demand: Means public demand as defined under Bihar & Orissa Public Demands Recovery Act, 1914 (Act 4 of 1914).
- (xxiii) Quarrying Permit: Means a permit granted under chapter VII of these rules to extract and remove any minor minerals in specified quantities from the specified areas.
- (xxiv) Recognized Qualified Person: Means a person who has been notified/empanelled as such by the Department.
- (xxv) Sandghat: Means a sand bearing area from where sand may be extracted and transported by means of a carrier.
- (xxvi) Settlement: Means a mining right given on behalf of the Government to quarry, win, work and carry away sand and other minor mineral(s) specified therein through a competitive bidding process as notified by the State Government.
- (xxvii) Schedule: Means a schedule appended to these rules.
- (xxviii) Transport: Means to remove from one place to another within the State of Bihar.
- (xxix) Works Department: Means departments of the Central or State Government including Company, Corporation, Undertakings, Autonomous body of the Government engaging works contractors for any kind of construction on its behalf.
- (xxx) Works Contractor: Means an individual, a firm, a company, an association or body of individuals who under an agreement, with the Works Department work for the said Department.
- All words and expressions used but not defined in these Rules shall have the same meaning which is assigned to them in the Act.

CHAPTER-II: ESTABLISHMENT AND CONTROL

3. Appointment of Mines Commissioner:
- The State Government may appoint a Mines Commissioner who is responsible for the administration of these rules at the State level.
4. Appointment of Director Mines:
- The State Government may appoint a Director Mines who is responsible for the administration of these Rules in the field offices at the district level.
5. Role of the Collector:
- (1) The Collector of the district is responsible for the complete implementation of the provisions of the Act and these rules.
- (2) The Collector is also competent to exercise the powers of the Mining Officer under these rules.
- (3) The Collector shall exercise direct control and superintendence over all the Mining Officers of the district.
- (4) The State Government may confer the powers of the Collector to any Officer, not below the rank of Mineral Development Officer of the Mines Department or any Officer, not below the rank of Deputy Collector of the Revenue Department.
6. Role of the Superintendent of Police:
- (a) Assist the Collector in ensuring implementation of the provision of the Act and these rules.
- (b) Work under direct control and superintendence of the Collector.
- (c) Enforce and implement such lawful directions of the Collector or the Director Mines or the Mines Commissioner as issued under the Act and these rules.
- (d) Submit such reports and in such manner as the Collector or the Director Mines or the Mines Commissioner may desire.
7. Powers and functions of the Mines Commissioner:
- (a) Shall exercise overall control and superintendence over all Mining Officers in the State.
- (b) May require any Mineral Concession holder by notice to produce documents, accounts, or other evidence.
- (c) May examine records of proceedings and pass orders if any order is erroneous or prejudicial to the interest of revenue, mining rules, and environmental conditions.
- (d) Shall monitor the activities of the Mineral Concession holder and direct the Collector to take legal action if any condition of the lease/settlement is violated.
8. Power and function of Director Mines:
- (1) He shall head the Directorate of Mines and exercise administrative control over all Mining Officers of the Department.
- (2) Responsible for the security of all mining operations in the State and for ensuring that the interests of the State are protected.
- (3) Responsible for the collection of royalty and other revenues payable.
- (4) There may be a Directorate of Security under him which shall employ adequate personnel on either deputation or recruitment from Civil / Police Personnel or retired Defense/Para Military/ Police Personnel.
- (5) The Directorate of Security shall function under the control and supervision of Director and discharge duties assigned to it by the Director.
- (6) The structure of the Directorate of Security shall be approved by the State Government.
9. Mining Officers at the District Level:
- All districts of the State shall have a Mining Office headed by an appropriate Mining Officer appointed by the State Government.
10. Persons with Special Powers:
- The State Government may empower any Government functionary, not being a Mining Officer, with powers to perform the functions of a Mining Officer to implement the Act and these rules.

CHAPTER – III: GENERAL RESTRICTION ON UNDERTAKING MINING OPERATION

11. Prohibition of mining operation without permit or mining lease:
- (1) No person shall undertake any mining operation except under the terms and conditions of a quarrying permit or mining lease granted under these rules.
  - This does not affect mining operations undertaken before the commencement of these rules.
- (2) No quarrying permit or mining lease shall be granted otherwise than in accordance with the provisions of these rules.
12. Restriction on the grant of quarrying permit or mining lease:
- (1) No mineral concession shall be granted in respect of any land:
  - (a) To a non-Indian national without the previous approval of the Government.
  - (b) In respect of land notified by Government as reserved for government, local authorities, public, or special purposes, except with the previous approval of the Government.
  - (c) In reserved and protected forest area without consulting the Divisional Forest Officer concerned.
  - (d) Within 50 meters of any village, bridge, national highway, or reservoir, except with prior approval of the State Government.
  - (e) Falling within ‘forest’ as identified by the Environment & Forest Department, except after obtaining clearance under the Forest Conservation Act, 1980.
  - (f) Falling within protected areas, such as national parks, sanctuaries, community reserves, eco-sensitive zones, notified wetlands, and wildlife corridors.
  - (g) Falling within bio-diversity heritage sites as defined under the Biological Diversity Act, 2002 (Central Act No.18 of 2003).
  - (h) Notified by the State Government as a no mining zone.
- (2) No mining lease and quarry permit shall be granted for any such minor minerals as the State Government may notify in this behalf.
  - Such notification may be for the whole State or any part thereof.
13. Boundaries below the surface:
- Boundaries of the area covered by a mineral concession shall run vertically downwards below the surface towards the center of the earth.
14. Maximum and Minimum area for a Mining lease/ Settlement:
- (a) No person shall acquire in the State in respect of any minor mineral one or more mineral concessions covering a total area of more than 200 hectares.
  - This limit is applicable only for rivers mentioned in clause 5(i) of Bihar Sand Mining Policy, 2019.
- (b) The minimum area for grant of a mineral concession shall be 5 hectares.
15. Mineral concession to be in a compact block:
- No mineral concession shall be granted in respect of any area which is not compact and contiguous.
16. Duration of mineral concessions:
- The duration of the mineral concessions for minor minerals shall be 5 years.
17. Mining Plan:
- Each Mineral Concession Holder/Government/ Corporation shall submit a Mining Plan to the Department/Mining Officer before commencing the mining operation.
- The mining plan shall be prepared by any Recognized Qualified Person.
- (1) Essential Factors to be considered for the preparation of Mining Plan:
  - (i) Estimated level of production.
  - (ii) Estimated level of mechanization.
  - (iii) Type of machinery to be used.
  - (iv) Estimated quantity of diesel / fuel consumption.
  - (v) Estimated number of trees to be uprooted due to mining operation.
  - (vi) Previous level of the river-bed, quarry-bed to be ascertained by RQP and stated in the plan for calculation of mineable minerals.
  - (vii) Ascertaining water level at mine-site and stating same in mine plan to avoid mining below ground water level as well as for study of ground water level.
  - (viii) In case of mining of River-bed material calculation of Annual Rate of Replenishment for Sustainability of Sand Mining as per guidelines of MoEF & CC.
  - (ix) Study to show the Annual Replenishment of sand in mining lease area being sufficient to sustain mining operations at a level prescribed in the mining plan.
- (2) Important aspects of Mining Plan:
  - (i) The plan of the precise area showing the nature and extent of the minor mineral reserve.
  - (ii) Spot/ spots where the excavation is proposed and its extent.
  - (iii) A detailed cross section and detailed plan of spots of proposed excavation.
  - (iv) Details of the geology of the precise area including minor mineral reserves of the area.
  - (v) The extent of manual mining/ mechanised mining in the precise area.
  - (vi) Measures under Mine Closure plan -Progressive and Final Mine Closure plan.
  - (vii) Annual programme and plan for excavation in the precise area from year to year for the entire mineral concession period.
  - (viii) Tree/Plants conservation and development plan.
  - (ix) Any other matter which the State Government may require to be provided in the mining plan.
- (3) Qualification of Person Preparing Mining Plan:
  - (i) A degree in mining engineering or a post–graduate degree in geology granted by a University or any institution recognized by the University Grants Commission or any qualification equivalent thereto; and
  - (ii) Professional experience of five years of working in a supervisory capacity in the field of mining after obtaining the qualification as specified in clause (i).
    - The person is empanelled with State Government or other State Government or Central Government.
- (4) Approval and submission of Mining Plan:
  - All Mineral Concession Holders or the Government/Corporation shall submit a mining plan duly prepared by an RQP and approved by the Director or any officer / person/academic institution/Govt. agency authorized by the Department within three months from the date on which communication regarding grant of mineral concession is received.
  - In case mine plan is prepared by the department through agencies, the cost shall be realized from the concerned Mineral Concession holder/ settlee.
- (5) Period of validity of Mining Plan:
  - The mining plan, once approved shall be valid for the entire mineral concession period unless revised/modified during the mineral concession period.
- (6) Modification of Mining Plan:
  - (i) The Director may require the holder of a mineral concession to make modifications or impose conditions considered necessary by an order in writing.
    - (a) In light of the experience of operation of mines.
    - (b) On account of change in the technological development.
    - (c) In light of any change in the legal provisions or the orders of any court.
  - (ii) A Mineral Concession Holder, desirous of seeking modifications in the approved mining plan, shall apply to the Department.
  - (iii) The Director may approve the modification or approve with such alterations as it may consider expedient within 60 days from the date of receipt of application.
  - (iv) Where no decision is communicated within 60 days, the mining plan shall be deemed to have been provisionally approved.
  - (v) In case of any increase in the lease area or production capacity, prior approval of competent authority of MoEF & CC has to be obtained.
(7) Mine Closure Plan:
- (i) Every mine shall have a Mine Closure Plan which shall be of two types – Progressive Mine Closure Plan; and Final Mine Closure Plan.
- (ii) Submission of Progressive Mine Closure Plan:
  - (a) The owner shall submit a progressive Mine Closure Plan as a component of mining plan to the officer authorized by the Department for approval within one year from the date of grant of mineral concession.
  - (b) The officer authorized by the Department must convey approval or refusal of the progressive mine closure plan within 90 days of the date of its receipt.
  - (c) If approval if the progressive mine closure plan is not conveyed within 90 days than it is deemed approved.
- (iii) Submission of Final Mine Closure Plan:
  - (a) The owner shall submit a final mine closure plan to the officer authorized by the Department one year prior to the proposed closure of the mine.
  - (b) The officer authorized by the Department must convey approval or refusal of the progressive mine closure plan within 90 days of the date of its receipt.
  - (c) If approval of the final mine closure plan is not conveyed within 90 days than it is deemed approved.
  - (d) The essential factors for preparation of mine plan, modified mine plan and submission of final mine closure plan shall be subject to guideline issued from time to time by the State Govt./ Central Govt.
18. Protection of Environment:
- (1) Every holder of a mineral concession shall take all possible precautions for the protection of the environment and control of pollution.
- (2) Environmental Clearance: All Mineral Concession Holders shall obtain prior environmental clearance as per the prevailing Environmental Impact Assessment notification and instructions issued by the Competent Authority.
  - The Mineral Concession Holder shall obey and comply with instructions regarding environmental protection issued by the Government of India, State Government, Central Pollution Control Board, State Pollution Control Board, and the Collector of the District.
- (3) All mining operations shall be in accordance with the terms and conditions laid under the environmental clearance.
19. Contribution to the District Mineral Foundation:
- (1) The mineral concession holder shall deposit payment to the District Mineral Foundation at the rate prescribed by the State Government.
- (2) The manner in which payment is required to be made and the mode of payment shall be prescribed by the State Government in the relevant rules.
20. Mining in the Forest Areas:
- (1) The minor minerals lying inside any forest area may be settled by the Collector with the condition that the prospective Settlee brings the due permission from the Forest Department under the Forest Conservation Act,1980.
- (2) The formal mining lease deed shall be executed only after the required clearance from the Forest Department is received.
21. Other Conditions:
- (1) The Department may require any Mineral Concession Holder to take up environmental friendly activities and set up modern facilities like weigh bridges, computers, and offices at the mining sites or his premises.
- (2) The Department may lay down other conditions to enforce the provision of the Act and these rules.

CHAPTER – IV: PROCEDURE FOR GRANT OF A MINING LEASE EXCEPT SAND

22. Public Auction Cum Tender: Settled by means of public auction cum tender only through e-bidding mode and as per the procedure laid in the latest notification issued by the State Government.
- (1) For the purpose of grant of mineral concession by public auction cum tender the Collector shall notify the following particulars of the area:
  - (a) Toposheet No., extent of the area and boundaries.
  - (b) Name of village, Circle, Plot No., Khata No. etc.
  - (c) The period of mineral concession.
  - (d) Date of auction shall be notified before one month from the date of auction.
- (2) Every bidder of mineral concession shall file required documents before public auction cum tender as notified by the State Government including:
  - (a) Clearance Certificate in respect of mining dues, such as royalty or dead rent and surface rent as obtained from competent officer.
  - (b) An affidavit stating that the applicant has:
    - (i) Filed up-to-date income tax return.
    - (ii) Paid the income tax assessed on his total income.
  - (c) Amount equivalent to 10% of auction amount as security which shall be adjusted with the last installment of auction amount if the mining leaseholder is not otherwise defaulter in payment.
    - In case of unsuccessful bidder the security deposit shall be refunded by the Collector.
- (3) Payment of bid amount: The bid amount shall be deposited in yearly basis in equal installments and each installment shall be deposited sixty days before the completion of one year from the date of execution of the lease during the first year followed by the same procedure in the consecutive years.
  - Leases executed before the commencement of this rule shall continue to deposit yearly installments before 31st January of every year.
  - The settlee shall pay extra royalty for the quantity of mineral extracted and dispatched in excess of the quantity equivalent to the bid amount.
- (4) Default in payment: If any installment is not deposited before prescribed period, 24 percent simple interest shall be charged up to two months and after that action for cancellation shall be taken.
- (5) Fixation of Minimum Reserve Value: The fixation of minimum reserve value shall be as decided by the Department from time to time.
- (6) Failure on the part of the successful bidder: In case the successful bidder fails to deposit the required security deposit along with other payable taxes within the prescribed time limit, his security deposit shall be forfeited and a fresh settlement process through public auction shall be initiated.
23. All such minerals notified by the Central Government shall be settled through public auction-cum-tender through e-bidding mode or as decided by the State Government.
24. Application for grant of mining leases:
- (1) (a) A mining lease except of granite shall be granted by the Collector, (b) Mining lease of granite shall be granted by the State Government.
- (2) Every application for a mining lease shall be made in Form “A” to the competent officer or any other officer authorized by the Collector.
- (3) Every application for a mining lease shall be accompanied by a fee of Rs. 10,000/- and details of the land in respect of which the mining lease is applied for, and where so required, certified copy or copies of the relevant extracts of the record of rights.
- (4) Every application for mining lease shall be accompanied by a valid clearance certificate of payment of mining dues such as royalty or dead rent, surface rent and cess up to the end of last financial year in respect of all mineral concessions held in the State of Bihar.
- (5) Every application shall be accompanied by an affidavit stating that the applicants has:
  - (a) Filed Income-Tax returns up-to-date.
  - (b) Paid the Income- Tax assessed on him.
  - (c) Paid the Income-Tax on the basis of self assessment as provided in the Income-Tax Act, 1961.
- (6) Every application shall be accompanied by an affidavit showing particulars of areas mineral wise in such State, which the applicant or any person jointly with him:
  - (a) Already holds under a mining lease.
  - (b) Has applied for but has not been granted.
  - (c) Being applied for simultaneously.
- (7) Every application for grant of mining lease, where the land is not owned by the applicant shall be accompanied by a statement in writing that the applicant has obtained surface right over the area or has obtained the consent of the owners for starting mining operation.
  - No such statement shall be necessary where the land is owned by the State Govt.
  - Consent of the raiyats/owners of the land for starting mining operations in the area or part thereof shall be furnished after execution of the lease deed but before entry into said area.
- When an application for a mining lease is not accompanied by the papers specified in sub rules (2) to (7), it shall be rejected by the Competent Officer within a period of 15 days from the date of its receipt.
25. Survey of the area:
- Survey and demarcation of the area under a mineral concession shall be done by the mineral concession holder and verification of the same shall be done by the competent authority.
- No mining or quarrying operation shall commence before verification of the boundaries of the applied area for grant of mining lease or quarry permit.
26. Conditions:
- (1) (a) Every mining lease shall be in Form 'B' or in a Form as near thereto as circumstances in each case may require.
  - (b) The conditions embodied in Form 'B' shall be deemed to be conditions imposed under this Rule and shall be binding upon the lessee.
- (2) The mineral concession holder shall erect boundary pillars at regular intervals (not exceeding twenty meters in any case) at the boundary of the lease hold area.
  - The said boundary pillars should be made of reinforced concrete pillars of dimension of minimum one square feet and height of 1.5 meters, 1/3rd of which shall be erected below the ground.
  - The part of the pillar above the ground shall be painted in white and black colour alternately (in zebra style) so as to render it distinctly visible.
- (3) The Collector may impose other conditions regarding:
  - (a) The time limit, mode and place of payment of rents and royalties.
  - (b) The mineral concession holder shall pay compensation to the occupier of the surface of the land.
  - (c) The mineral concession holder shall plant at least twice the number of trees destroyed by mining operations.
  - (d) The restriction of surface operations in any area prohibited by any authority.
  - (e) The notice by mineral concession holder for surface occupation.
  - (f) The provision of proper weighing machines.
  - (g) The facilities to be given by the mineral concession holder for working other minerals in the lease area or adjacent area.
  - (h) The reporting of accidents.
  - (i) The securing of pits and shafts.
  - (j) The indemnity to Government against claims of third party.
  - (k) The delivery of possession of lands and mines on the surrender, expiration or determination of the lease.
  - (l) The forfeiture of properly left after determination of the lease.
  - (m) The power to take possession of plant, machinery, premises and mines in the event of war or emergency.
  - (n) The lessee shall pay a wage not lesser than the minimum wage prescribed by the Central or State Government.
- (4) The Collector may, with the previous approval of the Government, impose such further conditions as he thinks fit in the interest of mineral development.
27. Application for the transfer of mineral concession:
- (1) The transferor and transferee interested in the transfer shall produce valid clearance certificate of payment of mining dues such as settlement amount, royalty, dead rent, surface rent etc.
- (2) (a) The mineral concession holder shall not assign, sub-let, mortgage or in any other manner transfer the quarrying lease or any right, title or interest vested therein unless prior order of Collector has been obtained, to any other person.
  - (b) Every Mineral Concession Holder seeking prior order shall make an application to the Mining Officer which shall be accompanied by a letter of consent of the owner or occupant of the land to the effect that he has no objection for quarrying minor minerals by the transferee.
  - (c) Transfer of Mineral Concession shall require transfer of EC by competent authority of MoEF & CC from transferor to transferee.
28. Execution of lease:
- (1) Where a mineral concession is granted under the rules the formal lease deed shall be executed by the Collector in Form “B” within 180 days of the order sanctioning the lease and if the person to whom such mineral concession has been granted fails to submit the required documents for execution within the aforesaid period the order sanctioning the lease shall be deemed to have been revoked, and in that event the application fee and the security deposit shall be forfeited.
  - No lease shall be executed unless the person to whom such lease has been granted submits the mining plan and environment clearances as required under these rules.
  - Where the Collector is satisfied that the person to whom such lease has been granted is not responsible for the delay in execution of the formal lease, he may permit the execution of the formal lease even after the expiry of the aforesaid period of 180 days.
- (2) The date of the commencement of the period for which a mineral concession is granted shall be the date on which the mining lease deed is executed and the lessee shall be liable to pay rent/royalty from the date of the execution of the mining lease.
- (3) The lease dead has to be duly registered by paying proper stamp duty and registration fees.
- (4) No claim for extension of lease period shall be entertained for any delay.

CHAPTER – V: SETTLEMENT OF SAND

29 (A) Mode of Settlement: The settlement of sand shall be done by public auction-cum-tender through e-bidding mode in favor of the highest bidder by the Collector.
- (a) The State Government shall issue a notification regarding mode & detailed procedure for settlement of sandghats from time to time as and when required.
- (b) The highest bidder shall deposit 10% of the auction amount immediately after the auction, following which an in-principle sanction order shall be issued in his favor by the Collector.
- (c) The highest bidder shall submit the required documents within the prescribed time limit following which the work order shall be issued in his favor by the Collector.
- (d) The successful bidder shall submit a mining plan prepared for the respective sandghats and shall be approved by the Director.
- (e) The successful bidder shall obtain environmental clearance from the competent authority.
(2) Restricted areas for sand quarrying:
- (i) Quarrying of sand shall be prohibited within 300 meters on both sides of any railway bridge or bridge falling under any National/State Highway and shall be prohibited within 100 meters of both sides of any other bridge.
  - The prohibited zone in respect of any particular bridge may be extended by the State Government through a notification if so required for reasons of safety.
- (ii) No quarrying shall be permitted within 50 meters of any public place i.e. Cremation ghat or any religious place etc.
- (iii) No quarrying shall be permitted within 5 meters from both banks of the river.
- (iv) Quarrying of sand shall be prohibited within 100 meters upstream and downstream from any dam/ weir or any other structure erected for irrigation purposes.
- (v) Sandghats should preferably be located on the river side of embankment. For low embankment less than 6 metres height, quarrying should not be done within 25 metre from toe/heel of the embankment and depth of mining should not be more than 1.00 metre. In case of higher embankments, the distance should not be less than 50 metre and depth of mining should be maximum 1.50 metre and at a distance of 75 metre or more mining depth should be maximum 2.00 metre.
  - In order to obviate the development of flow parallel to embankment, crossbars of width eight times the depth of mining pits spaced at 50 to 60 metres center to center should be left in the mining pits.
- (vi) The irrigation outlet shall be maintained at the same level as that of the riverbed and in no case the river bed level shall be permitted to be below the irrigation outlet level.
  - No quarrying shall be permitted around the infiltration well/ intake well up to a distance of 5 meters.
- (vii) Extraction of sand shall be permitted only after obtaining a No Objection Certificate from the Water Resources Department in the case of rivers where from irrigation channels are out flowing.
- (viii) No quarrying of sand shall be permitted in any private land owned by any person unless the settlee obtains the consent of the concerned land owner /raiyat.
- (ix) No quarrying of sand shall be permitted in any area which the State Government notifies as a restricted area.
(3) Maximum depth of Sand Mining: Maximum depth of mining in the river bed shall not exceed 3 meters measured from the unmined bed level at that point of time or the water level whichever is less.
- All such pits formed during the course of excavation shall be filled on a regular basis.
(4) Fixation of Minimum Reserve Value:
- (i) The minimum reserve value shall be fixed as decided by the Department.
- (ii) If no bidder turns up during the auction process on the fixed minimum reserve value, even after three attempts, the minimum reserve value shall be revised by the departmental technical committee.
  - A re-auction of the said reach/sand block/sand ghat shall be conducted on the basis of revised minimum reserve value after taking approval of the State Government.
(5) Failure on the part of the successful bidder: In case the successful bidder fails to deposit the required security deposit along with other payable taxes within the prescribed time limit, his security deposit shall be forfeited and a fresh settlement process for the concerned sandghats through public auction shall be initiated.
29 B Payment of Security Deposit: (1)Every settlee shall deposit 10% of the auctioned amount as security for observance of the regulations which shall be refunded after the expiry / adjusted with the last installment.
(2) Award of Concession and Signing of Deed: The successful bidder shall be awarded the concession for a period of 5 years. The successful bidder shall execute the settlement deed in form ‘B’ before starting work. In case the approval of mining plan and the environment clearance have not been obtained, successful bidder shall obtain the same before the execution of settlement deed.
(3) Mode of Payment of Royalty / Settlement Amount: This is to be done as laid down in the Tender Document.
- (ii) In case the royalty computed on annual basis for the mineral extracted exceeds the annual settlement amount, the settlee shall be liable for payment of excess royalty for the additional quantity as extracted in addition to the settlement amount.
(4) Default in Payment: Simple interest at the rate of 24 percent per annum shall be charged.
29 C. Observance of terms & conditions of mining plan/ environmental clearance: The settlee shall observe the terms and conditions of the mining plan as well as the terms and conditions laid in the Environmental Clearance pertaining to the concerned settlement.
29 D. Deployment of Machinery in sandghats: The settlee shall follow stipulations enumerated in Sustainable Sand Mining Management Guidelines, 2016/conditions specified in Environmental Clearance.
29 E. Online Sand Portal: The Settlee shall make sale of sand to all consumers (small, medium or large) either through online or offline mode. All transactions/payments, excavation, production / transportation, stocking details shall be captured