Section 3B in West Bengal Land Reforms Rules, 1965.
3B. Verification of the application and grant of permit.
(1) On receipt of the application the [Block Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] shall ascertain if the applicant has a permanent and transferable interest in the land and whether all persons having such interest in the land have joined in the application and shall also make an enquiry, in consultation with Agricultural Extension Officer of the area, if necessary, as to(a)whether the land is double cropped or fit for double cropping or situated within the command area of any irrigational project;(b)whether the land is situated within forty-five metres from any public road, railway track, an irrigation or drainage canal or an irrigation or drainage embankment;(c)the distance of the land from any public road, railway track or any irrigation embankment; and shall prepare a report.(2)The application with the report of the [Block Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] shall be sent to the [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] through the Sub-divisional Land Reforms Officer. [The Sub-divisional Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] shall forward the application along with the report of the [Block Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] with his own views after such further inquiries or local inspection which he may consider necessary to make.(3)The [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.], may if he is satisfied after consideration of the report of the [Block Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] and the [Sub-divisional Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] that a permit may be granted for quarrying, digging or use, issue a permit in favour of the applicant in Formb1:Provided that no such permit shall be granted unless the fee mentioned in sub-rule (5) is paid:Provided further that no such permit shall be granted if(a)the land is double cropped or fit for double cropping;(b)the land is situated within the common area of any irrigational project;(c)in the case of sand quarrying, the thickness of sand seam is less than 6 metres;(d)the land is situated within 45 metres from any public road, railway track or any irrigation or drainage canal or any irrigation or drainage embankment, such distance being measured horizontally from the outer toe of the bank or the outer edge of the cutting, as the case may be.(4)Such permit shall be granted for [not exceeding three months] [Substituted by Notification no. 3071-L-Ref., 10.7.2001, w.e.f. 10.7.2001.] and shall be subject to the following conditions, namely,(a)the raiyat shall not himself, or permit any person to, quarry sand or dig or use any earth or clay from his land except under a lease granted under the Mines and Minerals (Regulation and Development) Act, 1957 (Act 67 of 1957);(b)the raiyat shall pay revenue and cess regularly;(c)the raiyat shall not transfer the permit to any person;(d)the raiyat shall allow the [District Land and Land Reforms Officer] [Substituted by Notification no. 3071-L-Ref., 10.7.2001, w.e.f. 10.7.2001.], the Sub-divisional Officer, the [Sub-divisional Land and Land Reforms Officer] [Substituted by Notification no. 3071-L-Ref., 10.7.2001, w.e.f. 10.7.2001.], the [Block Land and Land Reforms Officer] [Substituted by Notification no. 3071-L-Ref., 10.7.2001, w.e.f. 10.7.2001.] or any other officer authorised by the [District Land and Land Reforms Officer] [Substituted by Notification no. 3071-L-Ref., 10.7.2001, w.e.f. 10.7.2001.] in this behalf, to enter upon the land for inspection;(e)for actual operation of quarrying or digging or using 3 metres clear margin for every 2.5 metres depth shall be kept from the outer boundary of the adjacent plot or plots and maintained throughout the operation or the sides of the quarry shall be treated so as to form benches in a manner where the height of any bench shall not be more than the width of the bench and a clear margin of 3 metres shall be kept and maintained from the outer boundary of the adjacent land;(f)the permit may be cancelled at any time for any breach of the conditions;(g)the raiyat shall be wholly responsible for any breach of the conditions by the person to whom permission may be given by him for carrying out the operation.(5)A fee shall be payable in advance at the time of issue of the permit on the basis of the area of operation at the rate of seventy-five rupees per [acre] [Substituted by Notification No. 3071-L-Ref. dated 10.7.2001, w.e.f. 10.7.2001 for hectare.] subject to a minimum of ten rupees.]
