Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MAHARASHTRA LAND REVENUE (EXTRACTION AND REMOVAL OF MINOR MINERALS) RULES, 1968 CONTENTS 1. Short title 2. Removal of Minor Minerals by villagers for their own use. Subject to the 3. Removal of stones etc. for building well etc 4. Excavations for brick manufacture etc 5. Excavations within port limits 6. Collectors sanction necessary in certain cases 7. Excavations prohibited in certain cases 8. Penalty for breach of rules MAHARASHTRA LAND REVENUE (EXTRACTION AND REMOVAL OF MINOR MINERALS) RULES, 1968 MAHARASHTRA LAND REVENUE (EXTRACTION AND REMOVAL OF MINOR MINERALS) RULES, 1968 1. Short title :- These Rules may be called the Maharashtra Land Revenue (Extraction and Removal of Minerals) Rules, 1968. 2. Removal of Minor Minerals by villagers for their own use. Subject to the :- 1 provisions of these rules with the previous permission in writing of the officers mentioned in column of the Table below, but without payment of any fees, any inhabitant of any village, town or city may for his domestic or agricultural purpose, remove from the area within the jurisdiction of such officer any earth, bank, stone, kankar, gravel, sand or murum or any other material (each of which is a minor mineral), the value of which does not exceed the amount specified against each such officer in column 2 of the said Table, from the bed of the sea or from the bed of creek, river or nalla or from any unassessed Government waste land not assigned under Section 22, or any tank the right to which vests in the State Government, within the limits of village, city or town in which he resides or in which the land for the benefit of which the materials are required is situated. Provided that, no stone from any tank which may have fallen in it from its bank shall be removed and no excavation shall be made within 4.5 metres of the foot of the embankment of any such tank Provided further that, where the Talathi, Circle Inspector or Circle Officer, as the case may be, fails to give previous permission within a period of 7 days, from the date of receipt of the application, the permission applied for shall, subject to provisions of Rule 6, be deemed to have been granted 1. Substituted by Maharashtra Land Revenue (Extraction and Removal of Minor Minerals (Amendment) Rules, 1984, Section 2, Dt.. 20th September, 1984 3. Removal of stones etc. for building well etc :- Subject to the provisions of these rules the stone, kankar, sand, murum or any other material (each of which is a minor mineral), may with the previous permission in writing of the Tahsildar or Naib- Tahsildar within whose jurisdiction such material is situated and without payment of any fee, be removed from any of the sources specified in Rule 2. (a) by any inhabitant of a village, town or city for the purpose of building a well or for his domestic or agricultural purpose (but not for sale or personal gain 1"[(a-i) by any inhabitant of a village, town or city whose individual income from all sources does not exceed two thousand and four hundred rupees per annum for the purpose of building his own house," and (2) in proviso, after clause (i), the following shall be inserted, namely:- "(i-a) the value of the material to be removed by the person referred to in clause (a-i) shall not exceed five hundred rupees if the material required is laterite stone and shall not exceed two hundred rupees in the case of any other material".] (b) by any backward class co-operative housing society on behalf of its members for the purpose of building a house or houses for its members; or (c) by any other co-operative housing society on behalf of such of its members, whose individual income from all sources is not more than Rs. 2,400/ per annum (hereinafter referred to as the qualified members) for the purpose of building a house or houses for its members: Provided that:- 2[ (i) the value of laterite stone to be removed by the person in clause (a) shall not exceed one thousand rupees and the value of any minor mineral or material other than laterite stone to be removed by him shall not exceed five hundred rupees if such minor minerals is required for domestic or agricultural purposes or for the purpose of building a well]. (ii) the value of the material to be removed by any society referred to in Clause (b) shall not exceed five hundred rupees per member if the material required is laterite stone and two hundred and fifty rupees per member in the case of any other material. (iii) the value of the material to be removed by society referred to in Clause (c) shall not exceed, where the material required is laterite stone, five hundred rupees per qualified member on whose behalf the material is removable by it and in any other case two hundred and fifty rupees per qualified member. Explanation For the purpose of this sub-rule, "backward class cooperative housing society" means a co-operative housing society wherein not less than eighty per cent of the total numbers of members are persons having an individual income of Rs. 2,400 or less per annum from all sources. (2) If any such material lies in a Taluka other than the Taluka in which the person resides, or in which the land for the benefit of which the material is required is situated, then the permission under sub-rule (1) shall be granted only with the concurrence of the Tahsildar in whose jurisdiction such person resides or in which such land is situated. 3 (3) Where on receipt of any application for previous permission under sub-rule (1), the Tahsildar, or as the case may be, the Naib- Tahsildar fails to inform the applicant of his decision within a period of thirty days from the date of receipt of the application, the permission applied for shall subject to the provisions of Rule 6, deemed to have been granted. 1. Substituted by Maharashtra Land Revenue (Extraction and Removal of Minor Minerals (Amendment) Rules, 1980, by No. MMR, 1078/16431/505-G, dated 10-3-80. 2. Substituted by Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) (Amendment) Rules, 1984, Section 2, Dt.. 20th September, 1984. 3. Substituted by Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) (Amendment) Rules, 1977, Section 2, Dt.. 29th September, 1977. 4. Excavations for brick manufacture etc :- Subject to the provisions of Rule 5, with the previous permission in writing of the Tahsildar or Naib-Tahsildar and without payment of any fee, any potter or maker of bricks of tiles may, for the purposes of his profession, remove earth, kankar, sand, murum or any other material (each of which is a minor mineral) from bed of the sea or from the bed of any creek, river and nalla or from any unassessed Government waste land not assigned under Section 22, within the limits of the village in which he resides. Provided that if the Tahsildar or Naib-Tahsildar is of opinion that other occupation carried on by any potter or maker of bricks or tiles is sufficiently extensive or lucrative and that such potter or brick maker should not be allowed to remove such materials free of charge, he shall refuse permission for removal of such materials, and may refer the case for disposal under rules made under the Mines and Minerals (Regulation and Development) Act, 1957, for the time being in force in any part of the State. 1 Explanation For purposes of this rule, an occupation carried out by any potter or maker of bricks or tiles shall be deemed to be sufficiently extensive or lucrative if the value of the turnover of goods manufactured through such occupation is not less than twenty thousand rupees per annum. 1. Added by Maharashtra Land Revenue (Extraction and Removal of Minor Minerals (Amendment) Rules, 1969. 5. Excavations within port limits :- Subject to the provisions of Rule 7, no Talathi 1 [Circle Inspector, Circle Officer], Tahsildar or Naib-Tahsildar may permit any removal under Rule 2, 3 or 4 from land within port limits, or on the banks or shore of any port without the written concurrence of the Salt Commissioner and under such conditions, if any, as he may impose. Explanation For the purposes of this rule the "Salt Commissioner" means the Salt Commissioner who is empowered to exercise the powers of the Collector in relation to salt under the Central Excise Rules, 1944, made under the Central Excise and Salt Act, 1944. 1. Inserted by Maharashtra Land Revenue (Extraction and Removal of Minor Minerals (Amendment) Rules, 1984, Section 4, Dt.. 20th September, 1984. 6. Collectors sanction necessary in certain cases :- Notwithstanding anything contained in Rule 2, 3, 4 or 5 the Collector may, in such cases or localities as he thinks fit, prohibit a Talathi 1 [Circle Inspector, Circle Officer], a Tahsildar or as the case may be, a Naib-Tahsildar from giving permission without obtaining the previous sanction and in any such case, all applications for permission shall be referred to the Collector for orders. 1. Inserted by Maharashtra Land Revenue (Extraction and Removal of Minor Minerals (Amendment) Rules, 1984, Section 5, Dt.. 20th September, 1984. 7. Excavations prohibited in certain cases :- Notwithstanding anything contained in these rules, where in any case excavation of soil permitted under the provisions of the Code for these rules, is in the opinion of the Tahsildar on any information received or any inquiry made, likely to damage or destroy any building or land (not being land permitted to be excavated) or any boundary mark, he shall inform the permit-holder to that effect and require him to carry out excavation of the soil such a way as not to damage the building, land or as the case may be, boundary mark, and report the matter to the Collector. 8. Penalty for breach of rules :- If any person committed a breach of any of the provisions of these rules, in addition to any other consequences would ensue from such breach, be punishable with such fine not exceeding one thousand rupees as the Collector may, after giving such person an opportunity to be heard, deem fit to impose: 1 [Provided that a person who, without obtaining the 2 [permission of Talathi, Circle Inspector or Circle Officer as required by Rule 2, removes mines or minerals of the value not exceeding the amount specified in said Rule], will be punishable with fine equal to the amount of the royalty chargeable on the material so removed under the provisions of rules made under the Mines, Minerals (Regulation and Development) Act. 1957]. 1. Substituted by Maharashtra Land Revenue (Extraction and Removal of Minor Minerals (Amendment) Rules, 1984, Section 2, Dt.. 20th September, 1984. 2. Substituted by Maharashtra Land Revenue (Extraction and Removal of Minor Minerals (Amendment) Rules, 1984, Section 2, Dt.. 20th September, 1984.