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No. 172 Poudouchéry Mardi 24 Novembre 2020 (3 Agrahayana 1942)
No. Puducherry Tuesday 24th November 2020
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
(G.O. Ms. No. 17, Puducherry, dated 20th November 2020)
ORDER
In order to permit the traditional communities of Yanam for removal of sand bars by manual methods, the following procedure shall be followed in consonance with the guidelines of the Ministry of Environment and Forests, and (1) The Puducherry Minor Minerals (Concession) Rules, 1977 and (2) The Office Memorandum No. 1l-83/2005-IA-III (Vol,III) dated 24-02-2011, 09-06-2011 and 08-11-2011 of the Ministry of Environment and Forests (IA-III Division).
[ 1025 ]LA GAZETTE DE L'ETAT [ PART-I 1026 1026
Identification of sand bar
As per the Office Memorandum dated 09-06-2011 of the Ministry of Environment and Forests, sand bars which pose danger to navigation of fishing boats and vessels shall be identified by the Public Wo r k s D e p a r t m e n t , Ya n a m a n d F i s h e r i e s D e p a r t m e n t , Ya n a m . F o r i d e n t i f i c a t i o n o f b a r s , e s t i m a t i o n o f q u a n t i t y o f s a n d a v a i l a b l e f o r r e m o v a l s h a l l b e d o n e w i t h t h e a s s i s t a n c e o f r e l e v a n t e x p e r t organization with the help of suitable imagery techniques, GPS or other technologies in vogue.
Approval from statutory bodies
As per the Office Memorandum dated 24-02-2011 of the Ministry of Environment and Forests, the proposal shall be examined by any of the six Institutions namely, (a) Central Water and Power Research Station, Pune (b) IIT, Chennai, IIT, Bombay (c) Department of Erosion Directorate, Ministry of Water Resources (d) Integrated Coastal and Marine Area Management, Chennai (e) National Centre for Sustainable Coastal Management, Chennai and (f) National Institute of Technology, Suratkal.
Based on the technical opinion, the proposal shall be examined by the Seven Member Committee, headed by the District Collector, Puducherry, as per the directions of the Ministry of Environment and Forests vide Memorandum dated 08-11-2011. Accordingly, the Committee with the following Members are constituted for r e m o v a l o f s a n d b a r s / c o l l e c t i o n o f s a n d b y t r a d i t i o n a l c o a s t a l c o m m u n i t i e s o n l y b y m a n u a l m e t h o d s , i.e., collection of sand by human beings in non-mechanized dinghies or sand boats by using baskets/buckets in Yanam region:
1 The District Collector, Puducherry.
.. Chairman 2 The Deputy Collector (Revenue), Yanam.
.. Member-Secretary 3 The Member-Secretary,Coastal Zone Management Authority or his .. Member representative.
4 The Executive Engineer, Public Works Department, Yanam.
.. Member 5 The Scientific Officer, Department of Science, Technology and .. Member Environment.
6 Thiru M.V. Satyanarayana Murthy, Valuer of Banks.
.. Member 7 Thiru Seru Krishna, President, Agnikula Kshatriya Seva Sangam. .. Member.
The term of the non-official Member shall be for a period of one year and same person shall not be nominated for more than two terms. The District Collector-cum-Chairman shall replace the non-official Members after expiry of their term.
Based on the suggestions/recommendations received from the Technical Institution and Seven Member Committee, the Deputy Collector (Revenue), Yanam, shall obtain necessary clearance from the Statutory Bodies namely, Puducherry Coastal Zone Management Authority (PCZMA) and State Level Impact Assessment Authority (SEIAA), Puducherry.
Short-term permit to the traditional community
The sand bars in river Gowthami-Godavari duly approved by the Statutory Bodies as said above shall alone be utilized for collection of sand by the traditional community. The boat holders (non-mechanized) registered with the Fisheries Department, Yanam, Puducherry, only are eligible to submit the prescribed application in Form MM.8 in triplicate to the Deputy Collector (Revenue), Yanam, along with required application fee of ` 25, which will be considered/rejected after scrutiny.
PART-I ] LA GAZETTE DE L'ETAT 1027The Deputy Collector (Revenue), Yanam, shall issue permits with a validity period of not more than six months to the registered boat owners with the condition that the permit holder should remove the sand in the notified area and unload them in the notified ramp for sales.
Manner of Removal of Sand from sand bar
The permit holders shall use only non-mechanized boats, dinghies and shall not use any machinery for removal of sand. They shall travel to the notified area and remove the sand by standing in waist deep water, scoop the sand from the river using buckets and load it in the boats. Sand shall be removed only day time (06.00 a.m. to 06.00 p.m.). In order to safeguard the river banks and roads, sand removing/transportation along the river banks should be prohibited in monsoon season, i.e., June to September.
After loading the boats with river sand, they shall return to the notified ramp at Kursampeta and berth their boats only in the places allotted to them. The yard for unloading of sand from boats and loading in the trucks will be maintained by the Deputy Collector (Revenue), Yanam.
Fixation of market value and manner of disposal of sand from storage point
Depending up on the prevailing conditions of demand for sand, the Deputy Collector (Revenue), Yanam, in consultation with the Public Works Department, Yanam, shall fix the market value for sale of sand in consonance with rule 21 of the Puducherry Minor Mineral (Concession) Rules, 1977.
The Deputy Collector (Revenue), Yanam, shall collect the royalty at the rate of 12 ½ % of the market value of sand from the Yanam boat owners who are issued with permit to remove sand from the Gowthami - Godavari river. The royalty amount so collected shall be deposited on the same day into the Revenue Department's Head of Account. The Head of Account for depositing royalty collected is given below:-
"00 - 0853 Non-ferrous mining and metallurgical industries -
-00 - 102 - Mineral Concession fees, rents/royalty"
Sale and transportation of sand to end users and monitoring mechanism
The Deputy Collector (Revenue), Yanam, shall set up a check post on the river bank near the notified Kursampeta ramp to monitor loading and transportation of sand. The officials shall be deployed roster duty basis and Closed Circuit TVs (CCTVs) will be installed. All unauthorized entry to the ramp shall be restricted and the ramp area shall be properly fenced.
The Deputy Collector (Revenue), Yanam, shall maintain registers on movement of boats, movement of laden trucks from Kursampeta ramp and other relevant registers, records, books, etc., to maintain proper accounts of the sand unloaded and loaded amounts received and paid, etc. The Deputy Collector (Revenue), Yanam, shall issue pass in Form MM.11 for sale of sand and the sale shall be carried out by him in coordination with Yanam Municipality based on the records maintained and payment shall be made to the concerned fisherman proportionate to the sand removed by them. The Yanam Municipality shall meet out the operational cost for storage, monitoring and disposal of sand. Pass in Form MM11 shall be issued by mentioning– Ø The name of the purchaser with address of destination
Ø Quantity of sand purchased
Ø The name of the Driver of the vehicle
Ø The number and make of the vehicle
Ø Entry time of the vehicleLA GAZETTE DE L'ETAT [ PART-I 1028 1028 The Deputy Collector (Revenue), Yanam, shall maintain register regarding sale/purchase at the ramp facility. The priority in sale of sand shall be for Government Schemes, domestic purpose, commercial purpose and other purpose in that order. The sale of sand shall be within Yanam region only.
The Revenue, Public Works Department and Municipality Officials will conduct surprise checks. The Deputy Collector (Revenue), Yanam, shall be responsible to ensure that the sand is collected only from the notified areas and that the conditions of permit are not violated.
The sand transported without valid permit/transit pass shall be seized along with the vehicle and the same shall be handed over to the Station House Officer, for registering case or compounding the offence on the orders of the Deputy Collector (Revenue), Yanam.
The conditions laid down by the Ministry of Environment and Forests such as submission of report by the Environmental Officer, uploading of the agenda and minutes of the Committee, permits issued by the Deputy Collector (Revenue), Yanam, monitoring reports of removal of sand by Public Works Department/ Department of Science, Technology and Environment, etc., shall be duly complied with. The Deputy Collector (Revenue), Yanam, shall submit a report on the removal/disposal of sand, royalty collected, etc., to the District Collector, Puducherry, on monthly basis.
The Deputy Collector (Revenue), Yanam, shall ensure compliance or Rules/Law applicable including this Order, personally or through officers authorised by him.
(By order)
Dr. ARUN, T., I.A.S.,
Secretary to Government (Revenue).
ANNEXURE
PROJECT FLOW CHART
Identification of sand bar
↓
Approval from Statutory Bodies (Seven Member Committee, PCZMA, SEIAA)
↓
Short-term permit to the traditional community
↓
Removal of sand from sand bar
↓
Fixation of market value and disposal of sand from storage point
↓
Sale and transportation of sand to end users and Monitoring Mechanism
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