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State of Uttar Pradesh - Section

Section 52A in The U.P. Minor Minerals (Concession) Rules, 1963

52A. [ Procedure for Grant of Mining Permit on Agricultural Land. [Substituted by Notification No. 1868/LXXXVI-2019-57(Sa)/2017, dated 13.8.2019.]

(1)Notwithstanding anything contained in Rule 72, the bhumidhar of agricultural land may apply for grant of mining permit for removal of sand or morrum or Bajri or Boulder or any of these in mixed state accumulated due to flood on his agricultural land in Form MM-8, in triplicate to the District Officer, accompanied by a fee of Rs 2000 (Rupees Two thousand) Only, and two copies of a cadastral Survey map on which te area, applied for, is clearly marked.
(2)The District Officer shall cause an enquiry, if deemed necessary, through concerned Tahsildar and Mines Officer/Mines Inspector on the following points -
(a)Whether the sand or morrum or Bajri or Boulder or any of these ill mixed state have been accumulated on the applied land due to floods;
(b)Whether the name of the applicant/applicants is/are recorded as bhumidhars on the applied area;
(c)Whether due to accumulation of sand or morrum or Bajri or Boulder or any of these in mixed state, the applicant/applicants is/are suffering loss on account of non-utilisation of such applied land;
(d)Whether such land was utilise for agricultural purposes in the past 5 years;
(e)Whether the quantity of the minor mineral, applied by the applicant, is available on the applied area.
(f)Whether the applied area for mining permit is suitable for mining.
(3)In the light of aforementioned point wise report submitted by the Tahsilder/Mines Officer or Mines Inspector, as the case may be, the District Officer may grant the mining permit for a period not more than three months in a Fasli year in favour of the bhumidhar, after realising double the amount of royalty in advance.
(4)Except abovementioned provisions, the other provisions of these rules will apply mutatis mutandis to the mining permit granted under this rule.]