Section 74 in Rajasthan Minor Mineral Concession Rules, 2017
74. Exemptions.
(1)Notwithstanding anything contained in these rules, extraction or removal of gypsum for improvement of agriculture land, digging or extraction of brick earth used for making bricks or pottery, ordinary earth or murrum used for filling, leveling or embankment of roads or railways upto depth of two meters shall not be treated as mining operations:Provided that such operations shall be carried out under short term permit, permit or brick earth permit issued by the Mining Engineer or Assistant Mining Engineer concerned.(2)Notwithstanding anything contained in these rules, no rent, royalty or fee shall be charged for, -(i)excavation of ordinary clay including brick making clay and masonary stone from areas, which are not working pits of a holder of mineral concession, by a tenant for bonafide purpose of construction or repairs of, -(a)irrigation tanks, channels and drains;(b)wells;(c)compound walls for fields; or(d)residential house including compound walls and cattle sheds in rural areas:Provided that, -(I)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, its area of excavation and removal and name and address of the tenant; and(II)nothing in this sub-rule shall abridge the rights of cultivators under section 36 of the Rajasthan Tenancy Act, 1955.(ii)excavation of ordinary earth from village ponds or tanks situated in gram panchayat for de-silting and further use of such earth by tenants for filling or leveling in agricultural fields or any other community work in village;(iii)excavation of ordinary clay by hereditary kumhars who prepare earthen pots on a cottage industry basis;(iv)excavation of ordinary clay manually by earthen tile makers who prepare earthen tiles (kawelus) on a cottage industry basis;(v)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;(vi)cutting and filling or leveling of any land to make it suitable for colonisation work;(vii)channelisation of any river system for protection works from any incidence of inundation or flooding, provided the mineral extracted in the process is used at the same place for creation of safety embankments and is not disposed off outside such area;(viii)excavation of masonary stone, murrum and bajri from areas which are not the working pits of a holder of mineral concession by any person or institution, for construction of public utility buildings such 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 concerned, after verification from the Sarpanch or Pradhan;(ix)excavation of ordinary earth from the borrow land and used in the construction of road or embankment, anicuts in government works except construction of national highway, state highway, railways tracks and dams;(x)excavation of ordinary earth from sources situated in gram panchayat for personal use or community work in village; and(xi)community works like rural roads or any other departmental activities undertaken by the rural development department or panchayat raj institutions.(3)The Government may, by notification in the Official Gazette, exempt any person or class of persons from the purview of these rules, provided that the mineral is stored or carried for the purpose of scientific test.
