AP Mines and Minerals G.O.Ms.No.36
Establishment
of District Mineral Foundations in 13 Districts of the State, District Mineral
Foundation Trust Rules,2016 Orders Issued. The Government of Andhra Pradesh hereby makes the following rules for the
establishment of District Mineral Foundations, the manner of working and
receipt of contributions thereto, in all mineral bearing districts, for the
interest and benefit of persons and areas affected by mining related operations
and for purposes connected therewith.
In these rules, unless the
context otherwise requires:
(a) ‘Act’ means the Mines and
Minerals (Development and Regulation) Act,
1957 (Act 67 of 1957), as amended from
time to time;
(b) ‘Affected Area’ includes:
(i)the area for which a mining or
quarry lease is granted by the competent
authority for purposes of mining related
operations; or
(ii)directly affected areas where
direct mining-related operations such as
excavation, mining, blasting, beneficiation
and waste disposal including
overburdened dumps, tailing ponds,
transport corridors etc., are located; or
(iii)villages and gram panchayats
within which the mines are situated and are
operational, which may extend to
neighboring village, mandal or district or
even state; or
(iv)villages in which families
displaced by mining operations have been resettled or
rehabilitated by the project authorities;
or
(v)villages that significantly
depend on the mining areas for meeting their
economic needs and have usufruct and
traditional rights over the mining areas
viz., grazing, collection of minor forest
produce and such activities;
(vi)Indirectly affected areas
means areas where local population is adversely
affected on account of environmental
consequences due to mining-related
operations such as deterioration of water,
soil and air quality, reduction in
stream flows and depletion of ground
water, congestion and pollution due to
mining operations, transportation of
minerals, and increased burden on existing
infrastructure and resources.
Affected
Family” includes:
(i) family whose land or other
immovable property has been acquired or diverted
for mining related operations; or
(ii) a family which does not own
any land but a member or members of such
family may be agricultural labourers,
tenants including any forms of tenancy
or holding of usufruct right, share
croppers or artisans or those who maybe
working on the affected area for three
years prior to the acquisition or
diversion of land, whose primary source of
livelihood stands affected by the
acquisition or diversion of land for mining
purposes; or
(iii) Scheduled tribes and other
traditional forest dwellers who have lost any of
their forest rights recognized under Recognition of Forest Rights Act, 2006
due to acquisition or diversion
of land for mining purposes; or
(iv) family whose primary source
of livelihood for three years prior to the
acquisition or diversion of the
land is dependent on forests or water bodies
and includes gatherers of forest
produce, hunters, fisher folk and boatmen
and such livelihood is affected
due to acquisition or diversion of land for mining purposes; or
(v) A member of the family who
has been assigned land by the state government
or the central government under
any of its schemes and such land is under
acquisition or diversion for
mining purposes; or
(vi) A family residing on any
land in the urban areas for preceding three years or
more prior to the acquisition or
diversion of the land or whose primary source
of livelihood for three years
prior to the acquisition or diversion of the land is
affected by the acquisition or
diversion of such land for mining purposes; or
(vii) A family residing in
temporary dwelling place such as sheds, temporary huts or
thatched huts set up in the
fields etc.
Affected Person” means any person
suffering due to a serious disease or ailment
caused by mining operations;
(e) “Beneficiaries” means the
persons and areas directly and indirectly affected by mining related operations
including displaced family;
(f) “Breach of Trust” means a
breach of any duty imposed on a trustee of the trust, as such, by any law for
the time being in force.
(g) “Contribution” means the
amount to be collected from:
(a) holders of mining lease or a
prospecting licence-cum-mining lease
under the provisions of
sub-section (5) of section 9B of the Act;
(b) holders of mining lease under
the provisions of sub-section (6) of
section 9B of the Act; and
(c) holders of minor mineral
concessions under the provisions of section 15A of the
Act in the District as may be
prescribed by the State Government; and
(d) Any other voluntary
contribution made to the Trust;
(h) “Contribution Fund” means the
contribution amount set aside for the benefit and interest of areas and
families affected by mining operations;
(i) “Deed” means the Trust Deed
to be executed by the Settlor in accordance with Form A appended to these
Rules;
(j) “Displaced family” means:
any family, who on account of
acquisition or diversion of land has been or is to be
relocated and resettled from the
affected area to the resettlement area.
(k) “Family” means a person, his
or her spouse, minor children, minor brothers and minor sister dependent on him
or her.
(l) “Governing Council” means and
includes all the Trustees of the District Mineral
Foundation Trust;
(m) “Gram Sabha” means a village
assembly which shall consist of all adult members of a village;
(n) ‘Government’ means the State
or Central Government;
(o) ‘Mining Operations’ means any
operations undertaken for the purpose of
winning any mineral;
(p) ‘Officer” means and includes
the person authorized to receive the payments on behalf of District Mineral
Foundation and may include the Managing Trustee of DMF and shall be deemed to
be the person holding property within the meaning of section 95 of the Indian
Trusts Act, 1882 (Act 2 of 1882).
(q) ‘Rules’ means the Andhra
Pradesh District Mineral Foundation Rules;
(r) ‘Trusts’ means the District
Minerals Foundation constituted under these rules in the districts of State of
Andhra Pradesh;
(s) “Trustee” means and includes
all the members of the Governing council as mentioned in the Trust Deed.
(t) “Village” means:
(i) a village referred to in
clause (b) of section 4 of the Provisions of the Panchayats
(Extension to the Scheduled
Areas) Act, 1996 (40 of 1996); or
(ii) any area referred to as a
village in any state law relating to Panchayats other
than the Scheduled Areas; or
(iii) forest villages, old
habitation or settlements and villages which have not been
surveyed, whether notified as
villages or not;
(u) ‘Year’ means financial year
commencing from the 1st April and ending on the 31st March.
(v) Words in the singular shall
include words in the plural and words in the plural shall include the singular.
(w) Words importing the masculine
gender shall include female and neutral gender.
The headings and sub-headings to
this Deed are inserted only for reference to the
provisions here of and shall not
affect the construction of such provisions.
(x) The expression “District
Mineral Foundation” shall be referred to as “DMF”......
For Full Information see G.O.Ms.No.36
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