CoMs amends mining rules; fix 25 pc Royalty in violation of minor mining

Nigh curfew also lifted

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Old photo used for indicative purpose only.

Shimla, Feb 9

Himachal Pradesh Council of Minsters decided to give exemption in minor mining during the construction work allowing captive use of construction materials beside a new rule to charge 25 percent royalty on construction materials also being proposed. CoMs called an emergency meeting here today to resolve the three days old strike of contractors who are demanding release of pending dues and exempting them from the minor mining rules  in the government construction work.

CoM approved an amendment in the HP Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 to ensure optimum use of minor minerals for use in construction of roads, retaining walls, breast wall soling etc. Spokesperson of state government said that this would facilitate easy availability of minerals such as stones and sand particularly in rural areas for construction purposes.

It was decided that in case of works related to construction of roads by different departments or agencies of the State Government, the Mining Officers would grant permission for use of minor minerals generated during the construction of such works, exclusively for captive use (in-situ) in the same work i.e. construction of roads including retaining walls, breast walls soling etc. upto the extent of 10,000 MT per month at a time and not exceeding 20,000 MT per work on the report of Engineer in Charge of the work not below the rank of Assistant Engineer.

The Cabinet also approved to insert a Rule providing that if any person not being a mining lease holder and not violated Rules and could not provide transit form, shall be liable to pay royalty at the applicable rates and penalty at the rate of 25 percent of royalty applicable.

Recently, The State Contractors Association had decided to go on undefined strike and stop all development works alleging that they are not being getting payment of construction work for last two years and Rs. 200 cr amount was withheld by the government by trapping them in above rules demanding resolution of the issue.

Going into the background of the matter a Division bench of Justice Tarlok Singh Chauhan and Justice Jyotsna Rewal Dua on Jan 5 had directed that concerned officers and the concerned departments should ensure compliance of Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention) of illegal mining Transportation and Storage Rule 2015 so that illegally extracted material does not get transported. Here the court had held that under the existing provisions of mining laws no minor mineral would be be allowed to be transported unless and until it is accompanied with transit pass, mandated under the Rules. In case of transport of minor mineral procured from outside the State, compliance of procedure mandated in 2015 Rules should be ensured. In case minor mineral generated at the worksite etc. is intended to be used at the worksite without transporting the mineral, then the concerned officials will ensure due compliance of Rule and other applicable provisions of 2015 Rules before allowing such use. The court had further added that in case the authorised officials detects transport of minor mineral in violation of 2015 Rules, prompt action in accordance with 2015 Rules shall be taken against the offenders. Responsibility and accountability of concerned officials shall also be fixed in case of omission to ensure compliance of the Rules.
No bill of the contractor for transport or supply of the minor mineral, which in terms of 2015 rules is required to be carried with transit passes etc. should  be cleared by any State department or authority unless it is accompanied by transit pass- Form W/X etc. duly issued by the competent authority, had stated the court. Read the detail https://himachalscape.com/a-bad-workman-quarrels-with-his-tools-hc-to-hp-govt/

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