MAHARASHTRA LAND REVENUE (EXTRACTION AND REMOVAL OF MINOR MINERALS) (AMENDMENT) RULES, 2017

PREAMBLE

In exercise of the powers conferred by sub-section (9) of Section 48 and sub-section (1) and clause (xix) of sub-section (2) of Section 328 read with sub-section (2) of Section 329 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), and of all other powers enabling it in that behalf, the Government of Maharahtra hereby makes the following rules further to amend the Maharahtra Land Revenue (Extraction and Removal of Minor Minerals) Rules, 1968, the same having been previously published as required by sub-section (1) of the Section 329 of the said Code, namely:

Rule - 1.

These rules may be called the Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) (Amendment) Rules, 2017.

Rule - 2.

For rule 2 of the Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) Rule, 1968 (hereinafter referred to as "the principal Rules"), the following Rules shall be substituted, namely:

"2.   Removal of Minor Minerals except sand by villagers for their own use.

Subject to the provisions of these rules, with the prior permission of the Tahsildar in writing but without payment of any fee or royalty, any resident of any village may, for his own domestic or agricultural purpose, including building of well, remove not more than two brass of each minor mineral (earth, bank, stone, kankar, gravel or murum), from any unassessed Government waste land assigned by the Collector for this purpose under section 22 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), or any tank, right to which is vested in the State Government. Such written permission shall be granted by the Tahsildar within a period of fifteen days from the date of receipt of such application:

Provided that, no stone from any tank which may have fallen in it from its bank shall be removed and no excavation shall be made within 4.5 meters of the foot of the embankment of any such tank.".

Rule - 3.

For rule 3 of the principal Rules, the following rule shall be substituted, namely:

"3.   Removal of sand by villagers for their own use.

Subject to the provisions of these rules, any resident of any village may, for his own domestic or agricultural purpose, including building of well, may be permitted to remove not more than two brass sand, with the prior permission of the Tahsildar in writing and on payment of royalty as per the prevailing rates from a sand ghat designated by the Collector for this purpose, out of the sand ghats which were put to auction after obtaining environmental clearance but were not successfully bid for. The Tahsildar, after examining such application for removal of sand, may grant permission to remove sand from such a sand ghat which is designated for this purpose within a period of fifteen days, from the date of receipt of such application.".

Rule - 4.

For rule 5 of the principal Rules, the following rule shall be substituted, namely:

"5. Extraction within port limits and Coastal Regulation Zone.

(i)       Subject to the provisions of Rule 7, no Tahsildar or Naib Tahsildar may permit any removal or extraction of minor mineral under rule 2, 3 or 4 from any land within port limits, or on the banks or shore of any port without the written concurrence of the Salt Commissioner and under such conditions, if any, as he may impose.

Explanation. For the purposes of this rule, the "Salt Commissioner" means the Salt Commissioner who is empowered to exercise the powers of the Collector in relation to salt under the Central Excise Rules, 1944, made under the Central Excise and Salt Act, 1944 (I of 1944), as amended from time to time.

(ii)      No removal or extraction of sand shall be permitted by Tahsildar from the bed of the sea or creek in the Coastal Regulation Zone and any application received for such extraction shall be referred by him to the Collector who shall dispose of the same in accordance with the policy formulated by the Government in this regard.".

Rule - 5.

For rule 6 of the principal Rules, the following rule shall be substituted, namely:

"6. Collector's sanction necessary in certain cases.

Notwithstanding anything contained in rule 2, 3 or 4, the Collector may, in such cases or in respect of such localities as he thinks fit, prohibit a Tahsildar or Naib Tahsildar from giving permission without obtaining the previous sanction of the Collector and in such case, all applications for permission shall be referred to the Collector for orders.".

Rule - 6.

For rule 8 of the principal Rules, the following rule shall be substituted, namely:

"8.   Penalty for breach of rules.

Any person committing a breach of any of the provisions of these rules, in addition to any other consequences that would ensue from such breach, be punishable with such penalty of an amount not more than five times of royalty payable on such minor mineral or rupees one thousand whichever is more, as the Collector may, after giving such person an opportunity of being heard, deem fit to impose.".

Rule - 7.

After rule 8 of the principal Rules, the following rule shall be added, namely:

"9. Penalty under sub-section (8) of Section 48 and personal bond.

(1)     The machinery and equipment used for unauthorized extraction, removal, collection, replacement, picking up or disposal of minor minerals and means of transport used for transportation thereof seized under the provisions of sub-section (8) of Section 48 may be released only after payment of penalty as mentioned in Table herein below, and after submission of a personal bond as stipulated under sub-section (8) of Section 48 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966):

TABLE

(2)     Personal Bond.

(i)       The owner of the machinery, equipment or means of transport seized under sub-section (8) of Section 48 shall furnish personal bond as per the direction of the Collector or the officer authorized by the Collector under sub-section (8) of Section 48, for an amount not exceeding the market value of such seized machinery, equipment or means of transport, used for unauthorized extraction, removal, collection, replacement, picking up or disposal of minor minerals or transportation thereof.

(ii)      The Personal Bond shall inter alia contain following details, namely:

(a)      Details of personal immovable property i.e. land, house etc. of the executant of the personal bond or his family member, supported by certified copies of documents such as Village Form No. 7/12 extracts, property card, etc. over which the Government shall have right to create a charge to the extent of the amount of the personal bond, in the event of any breach of such bond; or

(b)      details of the Securities pledged by the executant of the personal bond in favour of the Collector, or the Bank Guarantee of any Nationalized Bank, furnished by the executant of the personal bond of an amount equal to the amount of such Bond or solvency certificate issued by competent Authority of an amount equal to the amount of such bond; and

(c)      an undertaking of the executant of the personal bond stating that such seized machinery, equipment or means of transport shall not be used in future for unauthorized extraction, removal, collection, replacement, picking up or disposal of minor minerals and transportation of the same.".