Section 58 in The Rajasthan Minor Mineral Concession Rules, 1986
58. Exemption.
- Notwithstanding anything contained in these rules no rent, royalty or fee shall be charged for:-(a)Excavation of ordinary clay including brick making clay, bajri, sand and masonry stone from areas, which are not working pits of a lessee, by a tenant for bonafide purpose of construction or repairs of:-(i)Irrigation tanks, channels and drains;(ii)Wells;(iii)Compound walls for fields; or(iv)Residential house including compound walls and cattle sheds in rural areas.(aa)[ excavation of ordinary earth from village ponds/tanks situated in gram panchayat for de-silting and further use of such earth by tenants for filling/leveling in agricultural fields or any other community work in village.] [Inserted by Government Notification dated 16/05/2016]Provided that:-(1)Such excavation and removal of aforesaid mineral shall be on the basis of the permits issued by the Panchayat or Patwari of the village, where the tenant resides. The permit shall contain the details of the total quantity of mineral, period or its excavation and removal and name and address of the tenant.(2)Excavation of lime stone or lime kankar for lime burning from the areas which are not occupied by a lessee may be made by a tenant for bonafide use under a permit valid for two months issued on payment of [Rs. 50/-] [Substituted by Government Notification dated 18/12/2004] as permit fee by the Mining Engineer or Assistant Mining Engineer, having jurisdiction over the area.(3)Nothing in this sub-rule shall abridge the rights of cultivators under section 36 of the Rajasthan Tenancy Act, 1955.(b)[ excavation of clay used by the potters for earthenware pots and kawelus.] [Substituted by Government Notification dated 01/01/2013](c)Excavation and use of clay or earth in construction of houses except earth used for brick making.(d)Search for and obtaining the samples of minerals on the surface by chipping of outcrops without involving any disturbance of the soil by way of bore hole, pit, trench or otherwise.(e)Excavation of mineral by any person from his private land for personal use at the spot itself.(f)Excavation of mineral from river or stream bed and use of protection works of the same river or stream at or near the same spot, and(g)Excavation of masonry stone, morrum and bajri from areas which are not the working pits of a lessee by any person or institution, for construction of such public utility buildings as schools and hospitals in the rural areas from donation or contribution.Provided that such excavation and removal of aforesaid minerals, shall be under a permit granted by the Mining Engineer or Assistant Mining Engineer, having jurisdiction over the area and only after a certificate from the Sarpanch/Pradhan in this behalf has been produced.[Provided further that no such short term permit shall be granted in contravention of Environment Impact Assessment Notification dated 14.09.2006 issued by the Ministry of Environment and Forest, Government of India, as amended from time to time.] [Added by Rajasthan Gazette Extra Ordinary dated 19/06/2012]
