Payment of Environment Impact fee

GOVERNMENT OF TELANGANA
ABSTRACT

Mines & Minerals - Payment of Environment Impact Fee @ Rs.3/- per Square feet for buildings above 10,000 Square feet of built up area, as per approved plan by Competent Authority – Orders issued- Certain Guidelines - Issued.

-------------------------------------------------------------------------------------------

INDUSTRIES AND COMMERCE (MINES.I) DEPARTMENT

G.O.MS.No. 8

Dated: 24/02/2016

Read the following:

1. G.O.Ms.No.34, Industries and Commerce (Mines.I) Department, dated 17.06.2015.
2. From the Director of Mines and Geology Letter No.106/MR/2015, dated 06-11-2015 and Single file dated:30.11.2015.
3. From the Director of Mines and Geology Letter No.106/MR/2015, dated 11.01.2016.

*****

ORDER:

In the reference first read above, the Government, basing on the representations from Telangana Real Estate Developers Association (TREDA), Confederation of Real Estate Developers Association (CREDAI) and various Builder Associations and proposals from the Director of Mines and Geology, Hyderabad, issued orders to levy and collect Environment Impact Fee of Rs.3/- per square feet on built-up area of more than 10,000 square feet as an additional charge under Section 15 (1-A) (g) of the Mines and Minerals (Development and Regulation) Act, 1957 to account for any building or construction material that may have escaped levy of seigniorage charges at site.

2.  Further, the Government permitted the Builders to pay an Environment Impact Fee @ Rs.3/- per square feet for buildings above 10,000/- square feet of built-up area, as per the plan approved by the Competent Authority. However, the quarry owners who supply the building materials from the quarry leased area shall continue to pay Seigniorage Fee before dispatch of the mineral.

3.  The Environmental Impact Fee shall be remitted into the treasury in the Head of Account “0853-Non-Ferrous Mining and Metallurgical Industry, 102- Mineral Concessions, fee, rent, royalties, etc., SH(03)-Royalty on Environment Impact Fee”.

4.  Though the clear orders have been issued by the Government as above, both the Builders Associations and the executing authorities are having certain ambiguities regarding its implementation, the Government have further reviewed the subject matter and for its compliance of the orders issued by the Government.

5.  Basing on the deliberations, the Director of Mines and Geology, Hyderabad through reference second and third read above, has submitted proposals suggesting certain modifications to be issued, so as to have effective implementation by both the Builders as well as by the competent authority for sanctioning of building plans.

6.  The Government, after careful examination of the matter, hereby decide to issue certain guidelines in partial modification of the orders issued in the reference first read above.

7.  Accordingly, the following Notification shall be published in an Extraordinary Issue of Telangana State, Gazette dated the 26th February 2016.

NOTIFICATION

   In exercise of the powers conferred under Section 15(1-A)(g) of Mines & Minerals (Development & Regulation) Act, 1957, the Governor of Telangana State hereby issue the following guidelines on payment of Environment Impact Fee @ Rs.3/- per Square feet by builders for buildings above 10,000/- Square feet of built-up area, as per the plan approved by the Competent Authority.

I)  The “Environment Impact Fee” payable by the builders with built-up area more than 10,000 square feet @ Rs.3/- per square feet before approval of the building plan by the competent authority. Environment Impact Fee is payable for the entire built-up area and it includes the area meant for parking and other allied services, which include pathway. It will be clarified to builders that Environment Impact Fee is on account of Building Construction Fee.

II)  Environment Impact Fee may also be payable for the ongoing construction ventures and just completed buildings by obtaining the data from the building plan approval authorities as per the guidelines to be evolved by the Director of Mines and Geology after approval by the Government. However, in the transition period, if there is any inspection either by the Vigilance and Enforcement Department or by the Officials of Mines and Geology, such builders shall avail the One Time Settlement Scheme introduced by the Government.

III)  The Environment Impact Fee is also payable on voluntary disclosure by the Builders based on the strength of the certificate issued by the licensed engineers by the Government regarding the extent of built-up area.

IV).  Once Environment Impact Fee is paid by any Builder, the building plan approval authority shall issue a certificate in this regard to be produced by the builder before the inspection authorities from Vigilance and Enforcement Department or by the Officials of Mines and Geology.

V)  The Director of Mines and Geology shall evolve a mechanism by making available the information regarding the details of bonafide suppliers registered with the Department from time to time and ensure there is no leakage of Seigniorage Fee.

VI).  This order issued with the concurrence of Finance Department vide their U.O.No.150/10/EBS-VII/I&C/2016, dated:06.02.2016.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA STATE)

ARVIND KUMAR

SECRETARY TO GOVERNMENT & CIP

To
The Commissioner, Printing, Stationery and Stores Purchase (Ptg.wing),
Hyderabad for publication in the next issue of Telangana Gazette and to send 100 copies to Government.
The Director of Mines and Geology, Hyderabad
The Director General, General Administration (V&E) Department.
The Special Chief Secretary to Government, Municipal Administration & Urban Development Department, T.S. Secretariat, Hyderabad.
The Special Chief Secretary to Government, Panchayat Raj and Rural Development Dept., T.S. Secretariat, Hyderabad.
The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad.
The Commissioner & Director of Municipal Administration, Hyderabad.
The Commissioner/Director, Panchayat Raj and Rural Employment Department, Hyderabad.
The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad.
All the Commissioners of Municipal Corporations in the State.
All Commissioners of Municipalities/Nagar Panchayats/Gram Panchayats etc.,through the Commissioner & Director of Municipal Administration and the Commissioner, Rural Development Department.
The Regional Vigilance & Enforcement Officers through the Director General,General Administration (V.&E) Department.
All the Engineers –In-Chief, Irrigation/Roads and Buildings/Panchayat Raj
All the Departments of Telangana Secretariat.
Copy to:
The Additional Principal Secretary to Hon’ble Chief Minister
The P.S to Hon’ble Minister for Mines and Geology.
The P.S. to Chief Secretary to Government.
The P.S. to Spl. Chief Secretary to Government, Finance Dept.,
The P.S. to Secretary to Government & CIP, Ind & Com Dept.,
All the District Collectors in the State.
The Joint Director’s/Deputy Director’s/Assistant Director’s of Mines and Geology Dept., through the Director of Mines & Geology,
Sf/Sc.(C.No.7022/M.I(1)/2014)

//FORWARDED :: BY ORDER//


SECTION OFFICER