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[Cites 0, Cited by 0] [Section 38] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 38(21) in Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016

(21)The lessee shall not work or carry on or allow to be worked or carried on at any point within a distance as specified in rule 4 from any railway line except with the previous written permission of the Railway administration concerned, or from any reservoir, canal or other public works or buildings or inhibited site except with the previous permission of the Collector or any other officer authorized by or under any law for the time being in force or by the Government in this behalf and otherwise than in accordance with such instructions, restrictions and conditions either general or special as may be attached to such permissions. The said distance as specified in rule 4 shall be measured in the case of railway, reservoir or canal horizontally from the outer toe of the bank or the outer edge of the cutting as the case may be, and in case of a building horizontally from the plinth thereof.Explanation. - For the purpose of this sub-rule :-
(a)The expression "Railway Administration" shall have the same meaning as defined under sub-section (4) of section 3 in the Indian Railway Act ; and
(b)"transferor" shall mean a road which has been constructed or artificially surfaced by the Government as distinct from a track resulting from repeated use.