Amendment status not verified — confirm the current text below against the official source.
[[(1) Every quarrying permit except for ordinary earth granted under rule 4 shall be subject to the following conditions, namely:- (a) that the depth of the pit below surface shall not exceed 6 metres except in the case of extraction of granite stones and laterite stones: Provided that in the cases of quarries of granite (building stones) and laterite (building stones) where the depth of the pit exceeds 6 metres the sides of open workings shall be sloped, stepped or benched or secured by the permit holder in such a manner so as to prevent danger from fail of material. When an open working is worked in steps such steps shall be of sufficient breadth in relation to their height to secure safety. In an excavation in any hard and compact ground the sides shall be adequately benched, sloped or secured so as to prevent danger from fall of sides. No trees, loose stone or debris shall be allowed to remain within a distance of three metres from the edge or side of the excavation. No person shall undercut any face or side or cause to permit such under cutting so as to cause any overhanging; Provided further that in the case of granite and laterite building stone quarries, the permit holder shall give a notice in writing in Form-E to the Deputy Director General, Directorate General of Mines Safety, Southern Zone, Bengaluru-560 029; The Regional Controller of Mines, Yeshwantpur, Bengaluru-560 022 and the District Magistrate of the District when the depth of open cast excavation measured from its highest to the lowest point reaches 6 metres or when the number of persons employed on any day is more than 50 or when any explosives are used for excavation, (b) that the period for which a quarrying permit may be granted under these rules shall not exceed one year. If the competent authority or the authorised officer under these rules is satisfied that the renewal of a quarrying permit already granted for one area is absolutely necessary and inevitable he may renew the same for a further period of two years but not exceeding one year at a time subject to the conditions applicable to grant of quarrying permits and in that case the fee for renewal shall be the same as that of fee applicable to grant of quarrying permits. (c) that the permit holder shall not extract and remove excess quantity of the mineral than permitted; (d) that the permit holder shall not be eligible for refund of any of the amount paid by way of any fee, royalty, rent etc.; (e) that the permit holder shall apply for a quarrying lease in case he desires to continue quarrying from the area for a period of more than three years provided he is able to satisfy all the necessary conditions laid down in the rules dealing with quarrying leases; (f) that the permit holder shall furnish to the competent authority or the officer authorised by him in this regard, a return in Form 'F' regarding the mineral quarried and removed from the area. The permit holder shall also allow inspection of the area by the officers concerned at any time and shall give satisfactory proof as to the quantity of the mineral quarried and removed; (g) that the permit holder shall not carry on or allow to be carried on any quarrying operations at or to any points within a distance of 75 metres from any railway line except with the previous written permission of the Railway Administration concerned, and any bridge on National Highway or 50 metres from any reservoir, tanks, canals, rivers, bridges, public roads, other public works, residential buildings, the boundary walls of places of worship, burial grounds or burning ghats except with the previous permission of the authorities concerned or State Government or competent authority or any other officer authorised by the State Government in this behalf: Provided that the Railway administration or the State Government or any other authority in this behalf may in granting such permission impose other such conditions as may be found proper and necessary.] [(1A) Every quarrying permit for extraction of ordinary earth shall be in Form V.] [(1B) A quarrying permit under these rules shall be obtained for extraction of ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways or building: Provided that if the owner of the land or the person concerned has obtained prior valid permit for construction of building from the Local Self Government authorities, no quarrying permit for extraction of ordinary earth shall be required in the construction of -- (i) residential buildings including flats; (ii) commercial buildings having plinth area upto 300 square metres: Provided further that in cases where transportation of ordinary earth is required, the person concerned shall pay royalty to Government and in such cases rules regarding transportation of minerals shall apply.] (2) Every quarrying permit granted under rule 4 shall be subject to such other conditions as the competent authority or the officer granting the permit, as the case may be, may deem necessary in regard to the following matters, namely: (a) compensation for damage to the lands covered by the permit. For this purpose the permit shall be granted only after payment of such compensation as may be fixed by the Tahsildar, provided that in the case of lands belonging to private persons such fixation of compensation shall be made by a revenue officer not below the rank of Tahsildar only when there is disagreement between the land-owner and the applicant. (b) falling of trees; (c) restriction of surface operations in any area prohibited by any authority; (d) entering and working in any reserved or protected forest; (e) reporting all accidents; (f) indemnity to Government against claims of third parties; (g) forfeiture of property left after cancellation of the permit. (3) In case of breach of any of the conditions subject to which the permits is granted, the competent authority or the officer authorised by him in this regard, under instructions from the competent authority may cancel the permit and the fact intimated in writing to the permit holder. On cancellation of the permit, the quarried materials lying on the land from which they are extracted shall become the absolute property of the Government. In such an event, all the royalties and rents paid in advance or part thereof that may stand to the credit of the permit holder shall also be forfeited to Government. Substituted by G.O.(P) 43/14/ID dt. 24-03-2014 pub. in KG.Ex. No. 944 dt. 25/03/2014 as SRO 217/2014. Inserted by SRO 798/12. Substituted by GO(P) 93/2014/ID dt 30-6-2014, pub in KG Ex. No. 1691 dt. 01-07-2014 as SRO 393/2014.