In exercise of the powers conferred by Section 23(C) of the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957), the Governor of Andhra Pradesh hereby makes the following Rules to regulate the possession, storage, trading and transport of minerals and mineral products and to check the evasion of royalty or seigniorage fee, stopping of illegal mining and quarrying and transportation in the State of Andhra Pradesh and for the purposes connected therewith.

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R.2 Definitions

Definitions :-(1) In these Rules, unless the context otherwise requires,_

(a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957);

(b) "Authorised Officer" means the officers of the Department of Mines and Geology as authorised by the Director of Mines and Geology;

(c) "Carrier" means any mode or conveyance of facility by which mineral is transported from one place to another and includes mechanised device, person, animal or cart;

* [(d) "Dealer" means any person who carries on the business of buying, selling, supplying, transp

R.3 Prohibition

* [Prohibition :-(1) All dealers shall register themselves as dealers with the Mines and Geology Department of the Government of Andhra Pradesh as per the procedure indicated in the following Rules.

(2) No person other than a dealer or a mining lease holder shall buy or sell or offer for sale or engage in any transaction of buying and selling any mineral at any place or transport mineral for purposes of sale or consumption without being registered as a dealer :

Provided that no person purchasing and transporting minerals for use of consumption by himself, (where such user or consumption does not involve any commercial activity) and any holder of a mining lease or a

R.4 Grant of registration and its renewal

* Grant of registration and its renewal :- * [(1) Any person desirous of being registered as a dealer shall apply in Form "A" to the Deputy Director of Mines and Geology of the region or any other authority, nominated for this purpose from time to time by the State Government. The application may be submitted in quadruplicate in the Office of the Assistant Director of Mines and Geology of the concerned area.]

(2) Every application made under sub_rule (1) shall be accompanied by,_

(a) A fee of Rs.1,000/- (rupees one thousand only) payable through treasury challan under the following head of account:

R.5 Processing of application by Deputy Director of Mines and Geology

Processing of application by Deputy Director of Mines and Geology :-(1) The Deputy Director of Mines and Geology shall maintain a register in his office in Form-C wherein he will make necessary entries about the application immediately after its receipt and its disposal in due course.

(2) The Deputy Director of Mines and Geology shall grant a dealer's registration in Form-D for a period of five (5) years within thirty (30) days from the date of receipt of the application. In case of refusal or rejection of the application, the reasons shall be recorded in writing and communicated to the applicant within thirty (30) days from the date of receipt of the application.

(3) Application for renewal shall be made to the Dep

R.6 Transit pass

* [Transit pass:- (1) No person shall transport or otherwise remove or carry away any mineral from any place without obtaining a transit pass from the * [Assistant Director of Mines & Geology or the Assistant Geologist concerned in the absence of Assistant Director of Mines & Geology] concerned. Persons desiring such passes should file an application before the Deputy Director of Mines and Geology in Form - "E" duly specifying all the particulars prescribed therein.]

* [(2) The application shall be accompanied by a copy of the permit showing payment

R.7 Conditions

Conditions :-The registration shall be granted in Form-D subject to the following conditions :_

(i) The dealer shall deposit an amount of Rs.5,000/- as a security deposit * [x x x] pledged to the Deputy Director of Mines and Geology.

(ii) The dealer shall maintain correct and intelligible accounts of ores and minerals procured, processed and transported daily to different destinations in Form-F.

* [(iii) All Traders in minerals should be registered as dealers. However, in the case of dealers who deal exclusively with imported minerals of a variety not available in the

R.8 Penalties

Penalties :-(1) Any person who contravenes any of the provisions of these Rules, or buys or sells or stores minerals except under and in accordance with the dealer's registration or who transports the minerals except in his transit pass shall be punishable with a fine of :

(a) Rs.10,000/- if the offence is committed first time.

(b) In the event of repeated offence, Rs.25,000/- or imprisonment for a term which may extend to one year or with both.

(2) Any person who buys or sells minerals except under and in accordance with the registration shall be punishable with a fine which may extend to Rs.25,000/- or imprisonment for a term which may extend to one year or with both.

R.9 Seizure and confiscation

Seizure and confiscation :-(1) Every dealer or person permitted to stock, sell or transport shall allow any officer authorised by the Government or competent authority to enter and inspect any premises where the mineral is kept or stored or transported.

(2) The competent authority or authorised officer may search any place in which he has a reason to believe that an offence under these Rules is being committed and seize any stock of mineral.

(3) Every officer seizing mineral under these Rules shall prepare a list of minerals so seized and deliver a copy thereof signed by him to the person found in possession of such minerals. He shall keep such property under his custody with proper official seal and with detailed in

R.10 Custody of the seized property

Custody of the seized property :-The authorised officer shall keep the seized material or properties under the custody of an institution belonging to Government or any responsible official of the Government as far as possible. The authorised officer may also in certain special circumstances at his own risk and responsibility keep the seized property in the custody of a third party for a period of one week or until the penalties are remitted whichever is earlier. If the penalties are not paid within a week, the seized properties shall become the Government property and the same will be auctioned as per the procedure.

R.11 Appeals

Appeals :-(1) Any person aggrieved by an order of the * [Assistant Director of Mines & Geology concerned/Deputy Director of Mines and Geology concerned] or authorised officer for a particular action under these Rules may within thirty (30) days from the date of communication of the order prefer an appeal in Form-J to the Director of Mines and Geology.

(2) Every application for an appeal shall be accompanied with a fee of Rs.200/- (rupees two hundred only) to be deposited under the Head of account mentioned in sub_rule (2) of Rule 4. The appeal shall be disposed off by the appellant authority within a period of one month from the date of its receip

R.12 Revision

Revision :-(1) Any person aggrieved by an order passed on an appeal under these Rules may file an application for revision before the State Government within thirty (30) days from the date of communication of such order in Form-K.

(2) Every revision application shall be accompanied with a fee of Rs.500/- (rupees five hundred only) to be deposited in Government treasury under Head of Account as mentioned in sub_rule (2) of Rule 4.

(3) The Government may for sufficient reasons condone the delay in submission of revision application.

R.1 Short title and commencement

Short title and commencement :-(i) These Rules may be called "the Andhra Pradesh Mineral Dealers' Rules, 2000".

(ii) It extends to the entire State of Andhra Pradesh.

(iii) It shall come into force on such date as the State Government may by notification in the official gazette notify.