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State of Chattisgarh - Section

Section 3 in Chhattisgarh Minor Mineral Rules, 1996

3. Exemptions.

- 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 by any mechanical means, from the area that the Gram Panchayats may decide and earmark within their respective Panchayat area for extraction of clay and sand :
Provided that no extraction shall be made from any public place or 50 meter from such public place.
(ii)the removal of minor minerals from mines, whether situated in private or Government land, when such mines have not been appropriated to the use of a department of the State Government and the minor minerals are not quarried for sale but are required for the Construction or repairs of wells, or other agricultural works or for the construction or improvement of the dwelling houses of agricultirsts, Village artisans and labourers resideing in revenue or forest villages;
(iii)the minor minerals removed from Government lands for public works by Gram Panchayats, Janpad Panchatats and Zila Panchatats for work undertaken by respective Panchyats, However, the Government Departments shall be required to pay the royalty at the prescribed rate on consumption of minor minerals by them to the concerned Panchayats.
(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 distrubance 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.