- Nothing in these rules shall apply to,-(i)[ the extraction of clay or sand, by a hereditary kumhar, a member of a Scheduled Caste or a member of a Scheduled Tribe or a Cooperative Society of such kumhars or members of Scheduled Castes or members of Scheduled Tribes for preparing tiles, pots or bricks by traditional means, but not by the process of manufacture in kilns or any mechanical means, from the area that the Gram Sabha may decide and earmark within their respective jurisdiction for such purpose : [Substituted by Notification No. F-4-107-2000-XII-1, dated 24-11-2001.]Provided that no quarrying shall be done within a distance of 100 metres from a bridge, national/state highway, railway line, public place, river bank, nalas, canal, Reservoir, dam, any natural water course or any water impounding structure, 10 metres from grameen kacha rasta.(ii)Such quarrying of minor minerals which is not done for sale but for the purpose of construction of repairs of wells, or other agricultural works or for the improvement of the dwelling houses of agriculturists, village artisans and labourers residing in villages:Provided that no quarrying shall be done within a distance of 100 metres from a bridge, national/state highway, railway line, public place, river bank, nalas, canal, reservoir, dam, any natural water course or any water impounding structure; 10 metres from grameen kachcha rasta.(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. [However the departments shall be required to deposit royalty under the revenue receipt head prescribed in sub-rule (3) of Rule 10:]Provided that no quarrying shall be done within a distance of 100 metres from a bridge, national/state highway, railway line, public place, river bank, nalas canal, reservoir, dam, any natural water course or any water impounding structure, 10 metres from grameen kacha rasta](iv)the search for minor minerals at the surface not involving any substantial disturbance of the soil by digging up pits, trenches or otherwise.The chipping of outcrops with a geological hammer for the purposes of taking samples shall not be deemed to be a substantial disturbance of the soil :Provided that the aforsaid exemptions do not afford immunity from any action which might be taken under any existing rules or any Act of the State or Central Government for unauthorised removal of minor minerals from any land by private person, without the permission of the State Government or any officer or Authority authorised by it in this behalf.
