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Panaji, 2nd December, 2022 (Agrahayana 11, 1944)

SERIES I No. 35

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

GOVERNMENT OF GOA

Department of Mines & Geology

Directorate of Mines & Geology

Notification

34/10/2012-Mines(Part)/2370

In exercise of the powers conferred by

section 15 of the Mines and Minerals

(Development and Regulation) Act, 1957

(Central Act 67 of 1957) and all other powers

enabling it in this behalf, the Government of

Goa hereby makes the following rules so as

to further amend the Goa Minor Mineral

Concession Rules, 1985, namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa Minor

Mineral Concession (Amendment) Rules,

2022.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Amendment of rule 2.— In rule 2 of the

Goa Minor Mineral Concession Rules, 1985

(hereinafter referred to as the “principal

Rules”), after clause (k), the following clause

shall be inserted, namely:—

“(ka) “traditional sand extractor” means

a person who belongs to a local community

in the State of Goa, whose livelihood is

dependent solely on extraction of sand by

manual means and who had been granted

EXTRAORDINARY

permission under sub-rule (1) of rule 7 for

extraction of ordinary sand in the State of

Goa at any point of time during the period

21-02-1974 to 31-12-2010 and includes a

legal heir of such person;”.

3. Insertion of new rules 68A, 68B and

68C.— In the principal Rules, after rule 68,

the following rules shall be inserted,

namely:—

“68A. Application for grant of permission

for sand extraction by manual means.—

(1) Any person who is born and whose

birth is registered, in the State of Goa, and

whose either of parents or grandparents’

is born in the State of Goa and who is

residing in the State of Goa atleast for a

period of fifteen years may make an

application for grant of permission in terms

of sub-rule (3) hereof for sand extraction

by manual means to the Competent Officer

in Form H1 hereto.

(2) Every application under sub-rule (1)

shall be accompanied with the following

documents, namely:—

(i) receipted challan of an amount of

Rs. 500/- (rupees five hundred only) paid

in the Government treasury towards the

fee for processing of application (which

shall be non-refundable);

(ii) 15 years Residence Certificate of

the applicant issued by concerned

Mamlatdar;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 35

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2ND DECEMBER, 2022

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(iii) copy of Certificate of Registration

of canoe proposed to be used for

extraction of sand, issued by Captain of

Ports with make and dimensions of

canoe;

(iv) NOC/Permission of the land owner

in whose land the extracted sand will

be unloaded and stacked before it is sold

and/or transported;

(v) Form I and XIV and survey plan of

the land on which the extracted sand

will be unloaded and/or stacked before

it is sold and/or transported;

(vi) Affidavit duly sworn by the

Applicant

before

the

Executive

Magistrate or a Notary on non-judicial

stamp paper of appropriate denomination

stating that whether the applicant is a

traditional sand extractor, he belongs to

the local community in the State of Goa

and his livelihood is dependent solely on

extraction of sand by manual means;

(vii) copy of order issued under sub-

-rule (1) of rule 7 granting to him or his

parent permission for extraction of

ordinary sand in the State of Goa at

any point of time during the period

21-02-1974 to 31-12-2010.

(viii) copy of Pan Card;

(ix) copy of election photo identity

card;

(x) copy of Aadhaar Card.

(3) Applications received under sub-rule

(1) shall be scrutinized by the Competent

Officer and permissions for sand extraction

by manual means shall be granted in the

ratio of 70:30 between the applicants who

are traditional sand extractors and the

remaining applicants who are not

traditional sand extractors. If the number

of such applications received are more than

the number of permissions for sand

extraction which can be granted, then

such permissions shall be granted in the

same ratio on the basis of draw of lots.

68B. Grant for permission for sand

extraction.— On receipt of an application

under sub-rule (1) of rule 68 A, the

Competent Officer may, after making

scrutiny of applications in terms of sub-

-rule (3) of rule 68 A and such enquiries as

he deems fit, grant a permission in terms

of said sub-rule (3) of rule 68A for sand

extraction by manual means to the

applicant in an area within the limits of

the zones so permitted by the State

Environment Impact Assessment Authority

or refuse to grant such permission.

68C. Conditions of sand extraction.—

The permission for sand extraction granted

under rule 68B shall be subject to the

following conditions, namely:—

(a) The extraction of sand shall not be

carried out by the licensee or any person

on his behalf by using any mechanical

device. If a licensee or any person on his

behalf is found using mechanical device

for carrying out extraction of sand, the

Competent Officer/Inspecting Officer or any

person authorized by him in this behalf

shall seize all tools, equipment and

machinery and the Competent Officer after

affording a reasonable opportunity of

hearing to the licencee, cancel permission

for sand extraction granted and no

application for grant of permission for sand

extraction of such person shall be

entertained in future.

(b) No licensee shall extract sand beyond

1000m3 in a year from the zones

demarcated by the Government. The site

of such zone shall be inspected by the

designated officers of the National Institute

Oceanography

(NIO)

through

Department of Environment annually to

study and verify the extent of sand

extracted by the licensee. If the NIO reports

that the licensee has extracted sand

beyond 1000m3, then the permission

granted to such licensee shall be cancelled

with immediate effect and he shall be

debarred for a period of three years from

submitting application for grant of such

permission.

giving prior notice at any time by a

OFFICIAL GAZETTE — GOVT. OF GOA

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2ND DECEMBER, 2022

1175

written order direct the stoppage of

extraction of ordinary sand and the

licensee shall not have any right for

compensation against such stoppage.

(d) The licensee shall undertake

adequate safety measures during sand

extraction by providing required safety

gadgets and health-care facilities to the

workers engaged by him for sand

extraction.

(e) The licensee shall ensure that the

activity of sand extraction is carried out

only between 6.00 a.m. to 6.00 p.m.

(f) The Government reserves the right

to restrict the sand extraction activities

especially during the monsoon season

uniformly which may be from 1st June

to 30th September of every year or

during such hours or the day as may be

decided by the Government. The

Government may reserve its right to

restrict any other day or days within the

State, District or within a cluster of any

river as it may deem fit and the licensee

shall not raise any grievance against

such restrictions.

(g) All sand extracted by the licensee

shall be stacked or stored close to the

bank of river on land belonging to the

Government or private land for the

purpose of ascertainment of the quantity

extracted and for the purpose of levy of

royalty.

(h) No sand extracted, stacked or

stored shall be transported or traded

unless royalty on the same is paid to the

Government and transport permit is

issued. For this purpose, hand held

devices could be put to use for

generation of trip sheet at site by the

licensee on real time basis”.

(4) Insertion of new Form H1:— In the

Principal Rules, after Form H, the following

Form shall be inserted, namely:—

FORM H1

Application for Grant of Permission for Sand Extraction by Manual Means

[(See rule 68A(1)]

From:-

_______________________________

Contact No.:

To,

The Director,

Directorate of Mines & Geology,

Institute Menezes Braganza,

Panaji-Goa.

Sir,

I/We submit an application with checklist of required documents, for grant of permission for sand

extraction for a term of one year in ________________ zone of ____________ River.

The Processing Fee of Rs. 500/- has been paid in the Government treasury at _____________(place)

and the receipted challan is enclosed.

The required particulars are given below:

(i) Name of the applicant:_____________________________________________________________

(ii) Nationality of the applicant:_________________________________________________________

(iii) Profession of the applicant:___________________________________________________________

Affix Photo

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(iv) Address of the applicant: _________________________________________________________

_________________________________________________________

(v) Details of the plan of the zone applied for to be enclosed.

(a) Has the applicant any previous experiences in sand extraction, Yes/No

If yes details thereof:____________________________________________________________

______________________________________________________________________________

(vi) Financial resources of the applicant:_________________________________________________

_________________________________________________________________________________

(vii) Total investment in the operations anticipated:________________________________________

(viii) Particulars of the receipted treasury challan for the fees: _______________________________

(ix) Any other particulars which the applicant wishes to furnish: ______________________________

_________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________________

Address of the Office:

____________________________________________________________

(x) Canoe Registration Details:

(a) Canoe No. 1:___________________________________________________

(b) Canoe No. 2:____________________________________________________

Yours faithfully

Place:

Signature of the applicant”

Date:

By order and in the name of the Governor of Goa.

Dr. Suresh Shanbhogue, Director & ex officio Joint Secretary.

Panaji, 1st December, 2022.

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