Bare ActsKerala Minor Mineral Concession Rules, 1967

Section 57

Amendment status not verified — confirm the current text below against the official source.

(1) Quarrying for domestic or agricultural purposes (a) [In cases of levelling of ground for construction of residential building, creation of play ground for public purpose, construction of canals, wells, roads or for agricultural and such other purposes where extraction of minor mineral is inevitable, the State Government may grant special permit on terms and conditions, that it may specify, other than those prescribed in these rules on the basis of an application by interested parties along with a sworn affidavit in this regard in stamp paper worth Rs. 50. They shall be exempted from obtaining quarrying permit or quarrying lease and payment of royalty for removing of minor minerals. This concession shall be limited to a quantity of mineral, the royalty for which according to item No. 4 of scheduled I rate does not exceed Rs. 5,000. For quantities exceeding this limit royalty at the scheduled rates should be paid.] (b) Quarrying of minor minerals by any person, firm, association or company for other than bona fide domestic or agricultural purpose without a valid quarrying permit or quarrying lease shall be treated as illicit mining and shall be an offence under these rules. (2) Quarrying for Public Purposes. (a) [Quarrying of minor minerals from Government owned lands including Porambokes, by Panchayats and Municipalities, for bona fide public purposes, as long as the work is done under direct supervision shall be exempt from the obligation of obtaining a quarrying permit or quarrying lease. But they shall pay royalty for all minor minerals extracted by them at the rates prescribed in Schedule I except minerals falling under item 2 of that schedule. The royalty shall be paid to such remittance head as the Government may by special order prescribe in this regard and shall be paid before the 10th of the succeeding month to which the royalty relates. Before quarrying minor minerals under this sub-rule the concerned Panchayats and Municipalities shall intimate the competent authority of their intention to conduct quarrying from any locality. In the case of Poramboke lands and reserve forests, the written permission of the District Collector and the Conservator of Forests respectively shall be produced. Note: A Government Department quarrying minor minerals for Departmental work from Government owned land including poramboke for bona fide public purposes as long as the work is done under direct supervision of the Government Department, shall be exempted from obtaining a quarrying permit or quarrying lease and payment of royalty for removing minor minerals. [(b) A contractor in the employ of any Panchayat or Municipality shall not be eligible for concession on royalty Payments even if the mining is done in Government owned lands. He shall pay the royalty on the mineral mined by him at the rates specified in schedule 1. But such a contractor shall be exempt from obtaining quarrying permit or quarrying lease provided he produces before the competent authority a certificate from the Executive Authority of the Panchayat or Municipality to the effect that the mining is done for bona fide public purpose. However such a contraction shall obtain a quarrying permit or quarrying lease, if the mining is done in any other type of lands even if the mineral is to be used for public purposes.] Note:- A contractor in the employ of any Government department quarrying minor minerals from Government owned lands including porambokes, for bona fide purposes, coming under the departmental works, shall be exempted from the obtaining a quarrying permit or quarrying lease and payment of royalty for removing minor minerals. [(ba) Notwithstanding anything contained in these rules, a contractor in the employ of the Indian Railways quarrying ordinary earth from the land owned by the Indian Railways for bona fide purposes coming under the works of the Indian Railways shall be exempted from obtaining a quarrying permit or quarrying lease and payment of royalty for removing ordinary earth.] [(bb) Notwithstanding anything contained In these rules, a contractor in the employ of the Delhi Metro Rail Corporation quarrying minor minerals from the land acquired for Kochi Metro Rail Project including Purambokes, for bonafide purposes, coming under the works of the Kochi Metro Rail Project, shall be exempted from obtaining a quarrying permit or quarrying lease and payment of royalty for removing minor minerals.] (c) The Government Departments, Panchayats and Municipalities and the contractors who are exempt from obtaining quarrying permits, quarrying leases, etc. under this sub-rule shall however submit to the competent authority returns in Forms F and G. They shall also submit returns in Form E to the concerned officers. Substituted by Notn 4327/A3/2009/ID dt. 12/03/2009 pub. in K. G. Ex. No. 610 dt. 18/03/2009 as SRO 256/2009. Substituted by Notn. No.6519/G3/76/lD dt. 20/06/1977. Substituted by Notn. No. 25707/G3/75/ID dt. 15/11/1975. Inserted by GO(P) 33/2013/1D dt 2-4-2013 pub. in K. G. Ex. 992 dt. 4-4-2013 as SRO 283/2013. Substituted by G.O. (P) 31/2014/1D dt. 26-2-2014 pub. in K. G. Ex. No.825 dt. 10-3-2014 as SRO 191/2014

Section 57 – Kerala Minor Mineral Concession Rules, 1967 | DailyLaw.ai