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State of Chattisgarh - Section

Section 3 in Chhattisgarh Minor Mineral Rules, 2015

3. Exemptions.

- Notwithstanding anything contained in these rules,-
(i)Extraction of ordinary clay or ordinary sand by hereditary Kumhars, being domicile of Chhattisgarh or their co-operative societies for preparing pots, tiles and bricks by traditional means, but not by process of manufacture in chimney-kilns or by any mechanical means, from the area of village of their common residence that may be decided and earmarked by the Gram Panchayats within their respective panchayat area for extraction of ordinary clay and ordinary sand :
Provided that no extraction shall be made from any pubic place and within 50 meters in all directions from such public place;
(ii)The removal of minor minerals from quarries shall be exempted, whether situated in private or Government land, when such quarries have not been appropriated to the use of a department of the State Government and the minor minerals are not mined for sale but are required for the construction or repairs of wells, other agricultural works or for the construction or improvement of the dwelling houses of agriculturists, village artisans and labourers residing in revenue or forest villages;
(iii)The minor minerals removed from Government lands for public works by Gram Panchayats, Janpad Panchayats and Zila Panchayats for work undertaken by respective Panchayats shall be exempted;
(iv)The search for minor minerals at the surface, not involving any substantial removal of the soil by digging up pits, trenches or otherwise, shall be exempted;
(v)The chipping of outcrops with a geological hammer, for the purposes of taking samples, shall not be deemed to be a substantial removal of the soil:
Provided that the aforesaid exemptions do not afford immunity from any action which might be taken under any existing rules or any act of the State or the Central Government, for unauthorized removal of minor minerals from any land by private person without the permission of the State Government or any officer or Authority authorized by it in this behalf;
(vi)Excavation and regulation of the Minor Minerals specified in Part B of Schedule-II shall be governed by the Chhattisgarh Minor Mineral Sand Excavation and Trade Regulation Order, 2006.