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State of Haryana - Section

Section 6 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

6. Exemptions in certain cases.

(1)In the case of Irrigation Department of the Government:
(i)channelisation of any river system for containing any incidence of inundation or flooding, provided the mineral extracted in the process is used along side at the same place for creation of safety embankments and is not disposed off outside such area;
(ii)regular operation and maintenance of the non-scheduled canal distribution network and drainage system as notified by the Irrigation Department where any mineral extracted in the process is used along side at the same place for strengthening of embankments and is not disposed off outside such area;
(iii)regular operation and maintenance of the scheduled canals and drainage system as notified by the Irrigation Department.
Provided that the Irrigation Department shall obtain a permit from the Director or an officer authorised by him for undertaking any works covered under sub-clauses (ii) and (iii) above, indicating the estimated quantity of silt proposed to be removed from the system and the usage thereof giving sectional plans and estimates:Provided further that while no royalty shall be payable in respect of the mineral extracted from its canal & drainage system and used by the Irrigation Department for its own requirements, it shall pay the royalty in respect of the mineral extracted and disposed off outside the area as prescribed under rule 33.
(2)In other cases:
(i)Construction of any building by the public or private sector, or road or any other development project under the authority of any government department or its agencies involving any digging or excavation for a purpose other than winning a mineral.
Provided that where any minor mineral comprising construction sand and stone is excavated and extracted in the process of execution of such projects, the same shall be disposed off or consumed only after obtaining a permit from the Mines and Geology Department and payment of the applicable royalty and other fees as prescribed under rule 32.
(ii)breaking of land for laying the foundations or basements of individual houses and other establishments over plots up to five hundred square yards involving excavation of the ordinary earth only.
(iii)breaking of land only for laying the foundations of individual houses or small establishments over plots up to five hundred square yards.
(iv)[ excavation of brick earth or ordinary clay up to a depth of one and half meters from the adjoining ground level: [Added by Haryana Notification No. S.O. 11/C.A.67/1957/S.15/2013, dated 23.1.2013 (w.e.f. 20.6.2012).]
Provided that the brick earth or ordinary clay so excavated shall be disposed off or consumed only after obtaining a permit from the Director or any officer authorized by him and on payment of the royalty as per First Schedule and application fee as mentioned in rule 35.]