APMMC Rules, 1966 – Certain amendments to the Andhra Pradesh Minor Mineral Concession Rules, 1966 – Orders – Issued.

In exercise of the powers conferred under sub-section (1) of section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957), as amended from time to time, the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Minor Mineral Concession Rules, 1966 issued in G.O.Ms.No: 1172, Industries & Commerce (B.I) Department, dt.04.09.1967 as subsequently amended:-

”(Viii a):- The holder of a Lease, with the prior approval of the Director of Mines & Geology, may be permitted to transfer such Lease for captive purpose in favour of the existing mineral based industry or to a new mineral based industry with a condition that no permits will be issued till Commercial Operation Date(CoD) is declared by the competent authority for mineral processing and value addition.The application for transfer of Lease shall be made to the Assistant Director of Mines & Geology concerned in Form-R along with the non-refundable application fee of Rs.10,000/- (Rupees ten thousand only) along with the copies of certificate issued by the competent authority showing the evidences for ownership and running of the industry. The transfer Lease deed shall be executed as per rule 12(5)(e).The permission for transfer of Lease to the mineral based industry holder shall be accorded on payment of an amount equivalent to ten times of dead rent per hectare or the amount equivalent to the dead rent per hectare for the unexpired period of lease, whichever is higher. Such transfer shall be made only in favour of persons/entities owning the industry which would be consuming the mineral.”

“(Viii b):- In case the Lease is granted to an Individual/ Sole Proprietorship Firm, the Lessee, with the prior approval of the Director of Mines & Geology, may be permitted to change its constitution from individual/Proprietorship concern into partnership firm by adding new partners, on registering itself as a PartnershipFirm under the Indian Partnership Act, 1932 and the original Lessee shall continue to hold 51% of his/her share and voting rights in the partnership firm so created, till expiry of Lease or subsequent renewal Lease period. The inter-se ratio of shares among original partners shall not be changed during such a transfer. The Lessee shall furnish the registration certificate to the Director of Mines & Geology within 60 days from the date of such changes made.”

“(Viii c):- In case of Lease granted to a partnership firm, such firm, with the prior approval of the Director of Mines & Geology, may be permitted to add new partners into the firm so that the original partners of the firm together shall continue to hold 51% of their share and voting rights in the reconstituted firm till expiry of Lease or subsequent renewal Lease period.The inter-se ratio of shares among original partners shall not be changed during such a transfer. The Lessee firm shall effect such changes in the constitution of the firm as required under the Indian Partnership Act 1932 and intimate the same to the Director of Mines & Geology within 60 days from the date of such changes made.”

“(Viii d):- In case of Lease granted to the company registered under Companies Act, 2013, such company, with the prior approval of the Director of Mines & Geology, may be allowed to add new Directors into the company and the original Directors of the company together shall continue to hold 51% of their share and voting rights in the company till expiry of Lease or subsequent renewal Lease period. The inter-se ratio of shares among original Directors shall not be changed during such a transfer. The Lessee shall effect such changes in the constitution of the company as required under the Companies Act, 2013 and intimate the same to the Director of Mines& Geology within 60 days from the date of such changes made. Provided that in all the cases mentioned at (viii b), (viii c), (viii d), the Lessee shall pay 2(two) times of dead rent payable under schedule II of rule 10 of Andhra Pradesh Minor Mineral ConcessionRules,1966 as charges for affecting changes in constitution/reconstitution of the firms/companies and the lessee shall be made an application before the Assistant Director of Mines & Geology concerned in Form-R-1 appended to this order, along with the non-refundable application fee of Rs.10,000 (Rupees ten thousand only). The transfer lease deed shall be executed as per the provision under rule 12(5) (e).”

“(Viii e):- In the case of Lease held by the Central/State Public Sector Units, they may be permitted to sublet the Lease granted to them in favour of Joint Venture Companies/firms formed by them after intimating the Director of Mines & Geology.”

INDUSTRIES & COMMERCE (MINES-II) DEPARTMENT
G.O.MS.No. 183 Dated: 27-12-2017 Download : 2017INDS_MS183

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