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State of Bihar - Section

Section 29 in Bihar Minor Mineral Concession Rules, 1972

29. Conditions on which the quarrying permit shall be granted.

(1)Every quarrying permit granted under Rule 27 (1), shall contain a condition that the depth of the pit below the surface shall not ordinarily exceed [3 metres] [Substituted for '10 feet' by S.O. 867 dated 21.8.1972.] and that for digging pits beyond [3 meters] [Substituted for '10 feet' by S.O. 867 dated 21.8.1972.] the permit holder shall obtain the permission of the Competent Officer.
(2)Any quarrying permit granted under Rule 27 (1) may contain such other conditions as the Competent Officer may deem necessary in regard to the following matters, namely:-
(a)Time limit, mode and place of payment of rents and royalties;
(b)Compensation for damage to the land covered by permit;
(c)Felling of trees in consultation with Divisional Forest Officers in case of forest areas and in consultation with the Additional Collector in other areas;
(d)Restriction on surface operation in any area prohibited by any authority;
(e)Reporting of accidents;
(f)Indemnity to Government against claims of third parties;
(g)Period within which the minor mineral shall be extracted and removed and delivery of possession over lands on the expiry of such period or on the removal of the quantity of the minor mineral for which the permit is valid;
(h)Forfeiture of property left after cancellation of the permit; and
(i)[ Disposal of minerals in stock at site after expiry of the permit.] [Added by S.O. 1133 dated 19.8.1978.]
(3)In case of breach of any of the conditions subject to which the permit is granted, the Competent Officer may cancel the permit issued by him. On cancellation of the permit, the quarried material lying on the land from which they are extracted shall become the absolute property of the Government and may be sold by public auction by the Competent Officer.
(4)[ The Competent Officer after such enquiry and verification, as they may deem necessary, shall assess amount of royalty and penalty for the excess quantity at the end of the prescribed period] [Substituted by S. O. 305 dated 26.3.1985.]