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2. In the integration and paid use of coal resources, according to the provisions of order No. 187, only the initial amount of resources (8 million tons or 10 million tons) has been collected, while the price collection standard and approved price have not been formulated for the remaining amount of resources. The price of the remaining resources shall still be collected according to the price standard stipulated in order 187, and shall be paid by the enterprise after merger and reorganization
if the amount of money is large and it is difficult to pay in one time, the payment can be made in installments, but the longest period is not more than 10 years. The proportion of payment in the first year shall not be less than 20%, and the fund occupation fee shall not be lower than the bank loan interest rate of the same period< (3) for the newly added resources involved in the approved boundary expansion or layer increase in the coal resource integration and paid use of the merged and restructured coal mines, the land and Resources Department of the city (county) has approved the price. If the price is paid by instalments e to the large amount of the price and has not yet been paid, in principle, the original mining right owner shall pay before the transfer of the mining right
Fourth, the economic compensation for the paid resource price of the merged and restructured coal mines
(1) if the merged and restructured coal mine has paid the price according to the standard stipulated in order 187 and directly transfers the mining right, the merged and restructured enterprise shall return the price of the remaining resources (excluding the resources that have not been approved), and give economic compensation according to 50% of the original price standard, or convert the price into shares according to the way of resource capitalization, as the shares of the newly established enterprise after the merger and reorganization
(2) before the implementation of order 187, the merged and restructured coal mine has paid the price according to the regulations. When the mining right is directly transferred, the merged and restructured enterprise shall return the price of the remaining resources (excluding the resources without the approved price) to the merged and restructured coal mine, and give economic compensation at 100% of the original price standard, or convert into shares according to the way of resource capitalization, as the shares of the newly established enterprise after the merger and reorganization
5. For the new resources that are expanded or added layers ring merger and reorganization, the price of resources will be increased by 100% according to the price standard specified in order 187. After the merger and reorganization enterprises pay the new resource price, they will convert 150% of the new resource price into shares according to the way of resource capitalization, which will be regarded as the shares of the newly established enterprises after the merger and reorganization.
Article 35 The State shall implement the policy of active support, reasonable planning, correct guidance and strengthened management for collective mining enterprises and indivial mining, encourage collective mining enterprises to exploit mineral resources within the scope designated by the state, and allow indivials to exploit scattered resources and sand, stone and stone that can only be used as ordinary building materials Clay and a small amount of minerals for domestic use
indivials are not allowed to mine the mineral resources whose reserves are suitable for mining by mining enterprises, the specific minerals that are protected by the state and other mineral resources that are prohibited by the state from indivial mining
the state guides and helps collective mining enterprises and indivial mining enterprises to continuously improve their technical level, resource utilization rate and economic benefits
departments in charge of Geology and mineral resources, geological work units and state-owned mining enterprises shall provide geological data and technical services to collective mining enterprises and indivial mining enterprises in accordance with the principle of active support, compensation and reciprocity< Article 36 the mining enterprises approved by the State Council and the relevant competent departments of the State Council, and the existing collective mining enterprises within the mining area shall be closed down or mined in other designated places, and the mine construction unit shall give reasonable compensation and make proper arrangements for the people's livelihood; Joint operation may also be carried out according to the overall arrangement of the mining enterprise< Article 37 collective mining enterprises and indivial mining enterprises shall improve their technical level and increase the recovery rate of mineral resources. It is forbidden to excavate indiscriminately and damage mineral resources
collective mining enterprises must map out the comparison map of underground and underground engineering
Article 38 people's governments at or above the county level shall guide and help collective mining enterprises and indivial mining enterprises to carry out technological transformation, improve operation and management, and strengthen proction safety< Chapter VI Legal Liability Article 39 anyone who, in violation of the provisions of this law, mines without a mining license, enters a state planned mining area, mines within a mining area of great value to the national economy, or mines a special kind of mineral that is protected by the State shall be ordered to stop mining, compensate for losses, and confiscate the mined mineral procts and illegal income, They may also be fined; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with Article 156 of the criminal law
units and indivials who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others according to law shall be punished in accordance with the provisions of the preceding paragraph
Article 40 those who mine beyond the approved mining area shall be ordered to return to the mining area for mining and compensate for losses, and the mineral procts and illegal income from cross-border mining shall be confiscated and may also be fined; Those who refuse to return to the mining area for mining and cause damage to mineral resources shall have their mining license revoked and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law< Article 41 Anyone who steals or seizes mineral procts or other property of mining enterprises or exploration units, damages mining and exploration facilities, or disturbs the order of proction and work in mining areas and exploration areas shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law; If the circumstances are obviously minor, the offender shall be punished in accordance with the relevant provisions of the regulations on administrative penalties for public security
Article 42 Where mineral resources are sold, leased or transferred in other forms, the illegal gains shall be confiscated and a fine shall be imposed
anyone who, in violation of the provisions of Article 6 of this law, resells the exploration right or mining right for profit shall have his exploration license or mining license revoked, his illegal income confiscated and a fine imposed
Article 43 anyone who, in violation of the provisions of this law, purchases or sells mineral procts uniformly purchased by the State shall have the mineral procts and illegal income confiscated and may also be fined; If the circumstances are serious, criminal responsibility shall be investigated in accordance with the provisions of articles 117 and 118 of the criminal law< Article 44 anyone who, in violation of the provisions of this law, adopts destructive mining methods to mine mineral resources shall be fined and his mining license may be revoked; If serious damage is caused to mineral resources, the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law< Article 45 The administrative penalties prescribed in articles 39, 40 and 42 of this Law shall be decided by the Department in charge of the administration of Geology and mineral resources of the people's government at or above the county level within the limits of authority prescribed by the Department in charge of Geology and mineral resources under the State Council. The administrative penalty prescribed in Article 43 shall be decided by the administrative department for Instry and Commerce of the people's government at or above the county level. The administrative penalty stipulated in Article 44 shall be decided by the Department in charge of Geology and mineral resources of the people's Government of the province, autonomous region or municipality directly under the central government. The punishment of revoking the exploration license or mining license shall be decided by the original license issuing organ< If administrative penalty should be imposed but not in accordance with articles 39, 40, 42 and 44, the Department in charge of Geology and mineral resources of the people's government at a higher level shall have the right to order correction or directly impose administrative penalty
Article 46 If a party refuses to accept the decision on administrative penalty, it may apply for reconsideration according to law, or directly bring a suit to the people's court according to law
if the party concerned neither applies for reconsideration nor brings a lawsuit to the people's court within the time limit, nor complies with the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution< Article 47 Any State functionary or other relevant state functionary in charge of the supervision and administration of mineral resources exploration and exploitation who engages in malpractices for personal gain, abuses his power or neglects his ty, approves the exploration and exploitation of mineral resources and issues exploration or mining licenses in violation of the provisions of this law, or fails to stop or punish illegal mining activities according to law, thus constituting a crime, Investigate criminal responsibility according to law; Those who do not
constitute a crime shall be given administrative sanctions. The Department in charge of Geology and mineral resources of the people's government at a higher level shall have the right to cancel the exploration license and mining license illegally issued.