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State of Kerala - Section

Section 6 in Kerala Land Conservancy Act, 1957

6. Earth, metal, laterite, lime-shell, etc., not to be removed from land which is property of Government without permit.

(1)It shall not be lawful for any person to destroy, remove or appropriate for himself earth [sand] [Inserted by Act 11 of 1971.] metal, laterite, lime-shell or such other articles of value as may be notified by the government from any land which is the property of Government, whether a poramboke or not, except under and in accordance with the terms and conditions of a permit issued by the Government or such officer of the Government as may be empowered in that behalf and on payment of compensation at the rate prescribed under sub-section (2).
(2)The Government may, from time to time, by notification in the Gazette, prescribe the rate at which compensation shall be payable for earth [sand] [Inserted by Act 11 of 1971.] metal, laterite, lime-shell or other notified articles of value destroyed, removed or appropriated from land which is the property of Government.
(3)Whoever unauthorisedly destroys, removes or appropriates for himself [***] [Ommited by Act 11 of 1971.] metal laterite, lime-shell or other notified articles of value from any land which is the property of Government, whether a poramboke or not, shall be liable to pay such fine not exceeding fifty rupees as may be imposed by the Collector and shall also be liable to pay by way of damages an amount equivalent to the compensation which would have been payable if sub-section (2) were applicable thereto.
(3A)[ Whoever unauthorisedly destroys, removes or appropriates for himself earth or sand from any land which is the property of Government, whether a poramboke or not, shall be liable to pay such fine-
(a)not exceeding one hundred rupees in the case of a first offence; and
(b)not exceeding two hundred rupees in the case of a second or subsequent offence.as may be imposed by the Collector and shall also be liable to pay by way of damages an amount equivalent to the compensation which would have been payable if sub-section (2) were applicable thereto.
(3B)Whoever abets the commission of an offence punishable under sub-section (3A) shall be liable to pay such fine-
(a)not exceeding one hundred rupees where the offence abetted is first offence; and
(b)not exceeding two hundred rupees where the offence abetted is a second or subsequent offence.]
(4)The Government may remit in whole or in part the [compensation, fine or damages] [Substituted by Act 11 of 1971.] payable under this section,-
(a)in favour of [any agriculturist or agricultural labourer] [Substituted by Act 11 of 1971.] if the earth [sand] [Inserted by Act 11 of 1971.] metal, laterite, lime-shell or other notified articles of value destroyed, removed or appropriated is for bona fide agricultural purposes, or
(b)in favour of a co-operative society.
[Explanation. [Inserted by Act 11 of 1971.] - For the purpose of clause (a) "agricultural labourer" means a person whose principal means of livelihood is the income he gets as wages in connection with the agricultural operations he performs.] [Inserted by Act 11 of 1971.]