Section 53 in Rajasthan Minor Mineral Concession Rules, 2017
53. Brick earth permit.
(1)No brick earth permit shall be granted, -(i)in khatedari land, to a person other than khatedar or without obtaining written consent of the khatedar duly attested by Notary Public or Oath Commissioner;(ii)if area is less than 1.00 hectare; and(iii)if depth of brick earth is more than two meters from the surface.(2)No permit shall be required for excavation of brick earth used in making bricks by way of awa kajawa, however royalty alongwith contribution to the District Mineral Foundation Trust fund as per rates specified in the District Mineral Foundation Trust Rules, 2016, as amended from time to time, shall be collected at check post or naka from vehicles carrying finished (Pakki) bricks. For the purpose of calculation of royalty, the weight of brick earth in one thousand bricks of size 9 inch X 4 inch X 3 inch shall be taken as three and half tonne.(3)The application for grant of permit for chimney bhatta or the bhatta which uses blowers etc. in place of chimney for air or smoke circulation shall be submitted online through departmental web portal to the Mining Engineer or Assistant Mining Engineer concerned in Form -27;(4)Every application made under sub-rule (3) shall be accompanied by, -(i)a non refundable application fee of rupees two thousand;(ii)a scanned copy of khasra map and revenue record showing location of area applied for permit from where brick earth will be excavated duly verified by the Patwari concerned;(iii)a scanned copy of khasra map and revenue record showing existing or proposed location of brick kiln;(iv)a scanned copy of an affidavit of the applicant that no dues of the department are outstanding against him or any member of his family and also against a firm or company to which he/she is or was a partner or director;(v)a scanned copy of notarised consent from the land owner where land is not owned by the applicant for excavation of brick earth;(vi)a scanned copy of an affidavit of the applicant that he shall get land conversion from the Revenue Department for making brick kiln;(vii)a scanned copy of agreement between applicant and brick kiln owner, in case brick kiln is not owned by the applicant;(viii)annual permit fees of rupees fifteen thousand; and(ix)security deposit of rupees fifteen thousand in the form of fixed deposit receipt of any nationalized or scheduled bank or national saving certificates or any other form of securities which may be notified by the Government and duly pledged in favour of the Mining Engineer or Assistant Mining Engineer concerned.(5)The Mining Engineer or Assistant Mining Engineer concerned shall issue permit in Form -28 after field verification. In case, permit holder wants to include nearby areas or any separate khasra in permit, it shall be included by the Mining Engineer or Assistant Mining Engineer concerned after deposition of fee rupees two thousand at every instance.(6)The Mining Engineer or Assistant Mining Engineer concerned may refuse to grant permit or include additional area in the existing permit with reasons to be recorded in writing and communicated to the applicant with forfeiture of application fee:Provided that such action shall not be taken unless the applicant fails to comply the deficiencies after serving a fifteen days' notice.(7)Permit shall be granted for a period of minimum one year and maximum ten years and period shall end on 30th of September.(8)Every brick earth permit shall have following conditions, namely: -(i)The permit holder shall deposit annual permit fees in advance every year;(ii)Before excavation of brick earth from permit area, the permit holder shall remove top soil upto depth of one foot and store it separately for reclamation of the land after excavation of brick earth;(iii)Next permit shall only be issued after verification of reclamation of stored top soil;(iv)The permit holder shall transport such brick earth only to that brick kiln for which permit has been issued;(v)Royalty alongwith contribution to the District Mineral Foundation Trust fund shall be collected at check post or naka from vehicles carrying finished (pakki) bricks. Weight of brick earth shall be calculated as per the provisions of sub-rule (2);(vi)The owner of every brick kiln shall obtain a separate permit for each brick kiln. Brick earth excavated under the permit issued for one brick kiln shall not be used for another brick kiln;(vii)Where the quality of brick earth in area granted under permit is not suitable for making bricks or mineral is exhausted, in such case surrender of permit may be accepted by the Mining Engineer or Assistant Mining Engineer concerned if there are no dues against permit holder;(viii)The permit holder shall have the liberty at all times during the period of the permit in respect of the land for which permit is granted to enter upon the area and to mine, bore, dig, drill, win work, stock, dress, process, convert, carry away and dispose of the said mineral;(ix)The permit holder shall confine his working within the limits of the permit area and upto depth of two meters from the surface;(x)The permit holder shall not obstruct approach to the adjoining leases, licences or permits. In case of any dispute about the approach road, directions of the Mining Engineer or Assistant Mining Engineer concerned shall be final and binding;(xi)The permit may be cancelled by the Mining Engineer or Assistant Mining Engineer concerned if holder of a permit commits any breach of terms and conditions of the permit after giving a fifteen day notice with forfeiture of the security deposit:Provided that if the permit holder contravenes any term and condition of the permit and after receiving a fifteen day notice, complies the breaches after notice period but before cancellation of the permit, then ten percent of security deposit for every breach shall be forfeited; and(xii)Transfer of permit shall not be allowed.(9)All existing permits granted under the Brick Earth Policy, 1994 shall be deemed to have been granted under these rules.
