Section 36 in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019
36. Conditions on which the quarrying permit shall be granted.
(1)Every quarrying permit granted under rule 33(1), shall contain a condition that the depth of the pit below the surface shall not exceed 3 meters.(2)Any quarrying permit granted under rule 33(1) may contain such other conditions as deem necessary in regard to the following matters, namely: -(a)Time limit, mode and place of payment of rents and royalties;(b)Compensation for damage to the land covered by permit;(c)Felling of trees in consultation with Divisional Forest Officer in case of forest areas and in consultation with the Additional Collector in other areas;(d)Restriction on surface operation in any area prohibited by any authority;(e)Reporting of accidents;(f)Indemnity to Government against claims of third parties;(g)Period within which the minor mineral shall be extracted and removed and delivery of possession over lands on the expiry of such period or on the removal of the quantity of the minor mineral for which the permit is valid;(h)Forfeiture of property left after cancellation of the permit; and(i)Disposal of minerals in stock at site after expiry of the permit.(3)In case of breach of any of the conditions subject to which the permit is granted, the Mining Officer may cancel the permit issued by him. On cancellation of the permit, the quarried material lying on the land from which they are extracted shall become the absolute property of the Government and shall be sold by public auction by the Mining Officer.(4)The Mining Officer after enquiry and verification shall assess amount of royalty and penalty for the excess quantity at the end of the prescribed period.(5)Every permit holder shall obtain a prior environmental clearance as specified in Rule 18 (2).(6)Every permit holder shall also abide by the following conditions -(i)The activity associated with mining / excavation of brick earth and ordinary clay / earth for purpose of brick manufacturing, construction of roads, embankments etc. shall not involve blasting.(ii)The mining / excavation activity shall be restricted to a maximum depth of 3m below normal ground level at the site.(iii)The mining / excavation activity shall be kept above the ground water table at the site.(iv)The mining / excavation activity should not alter the natural drainage pattern of the area.(v)The mined/ excavated pit shall be restored by the project proponent for useful purpose(s).(vi)Appropriate fencing all around the mined / excavated pit shall be made to prevent any mishap.(vii)Measures shall be taken to prevent dust emission by covering of mined /excavated earth during transportation.(viii)Safeguard shall be adopted against health risks on account of breeding of vectors in the water bodies created due to mining/ excavation of earth.(ix)Workers / labourers shall be provided with facilities for drinking water and sanitation.(x)A berm shall be left from the boundary of adjoining field having a width equal to at least half the depth of proposed excavation.(xi)A minimum distance of 15 m from any civil structure shall be kept from the periphery of any excavation area.(xii)No mining of earth / excavation of 'brick earth' or ordinary earth shall be permitted in case the area of mining excavation is within 1km of boundary of national parks and wild life sanctuaries:Provided that the permit holder shall abide by any other condition imposed or any instruction issued by the Central Government / State Government in this regard."
