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State of Haryana - Section

Section 31 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

31. Permits for extraction of ordinary clay/ earth.

(1)Save in the cases covered under sub-rule (2) of rule 30, the Director or an officer authorised by him in this behalf may grant permit for lifting of ordinary earth from an area not already granted on any mineral concession to the landowner or the person having consent of the landowner on submission of an application;
(2)The permit for extraction of ordinary earth shall be granted only up to a maximum depth of nine feet measured from the natural ground level of said area;
(3)The permit for extraction of ordinary earth/ clay in respect of any land of which the ownership or management vests in a Gram Panchayat shall be granted only if a resolution is passed to that effect by the Gram Panchayat and approval of the concerned Deputy Commissioner is obtained by the applicant or the Gram Panchayat;
(4)The royalty shall be charged on lump-sum basis on the basis of quantity/ volume of the earth for which the permit is applied/ granted as per rates prescribed in the First Schedule. The payment of royalty in these cases shall be made in advance for the complete financial year or part thereof;
(5)The permits for extraction of ordinary earth under this rule shall not be granted for excavation beyond a depth of three feet for areas where 'sand deposits' are available below the ordinary clay/earth;
(6)An application for grant of permit shall be submitted in model form PIM-3. The application shall be submitted along with following documents:
(i)The particulars/details of the land, i.e. revenue estate, rectangle number, field numbers etc. from where he proposes to extract/ remove the brick earth;
(ii)Lay out Plan of the area from where earth is to be removed;
(iii)Written consent of the land owner(s) or a certified copy of the agreement signed between the landowner and the applicant after mutual settlement of compensation between the parties;
(iv)A copy of the partnership deed or Articles of Memorandum in case the applicant is a partnership firm or a company, as the case may be.
(7)A permit for excavation of ordinary earth shall be granted on model form PIM-4.