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 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 Maharashtra hereby makes the
following rules further to amend the Maharashtra Land Revenue (Extraction and
Removal of Minor Minerals) Rules, 1968, the same having been previously
published as required by sub-section (1) of section 329 of the said Code,
namely: These rules may be called the Maharashtra
Land Revenue (Extraction and Removal of Minor Minerals) (Second Amendment)
Rules, 2018. For rule 3 of the Maharashtra Land Revenue
(Extraction and Removal of Minor Minerals) Rules, 1968, the following rule
shall be substituted, namely: "3. Removal of
sand by villagers for their own use. (1)
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 five 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, which, after receipt
of environmental clearance, was put to auction but was not successfully bid for
or which were specifically reserved for this purpose, by the Collector: Provided that, a person who is beneficiary of
any housing scheme of the Government for the economically weaker sections may
be permitted to remove not more than five brass sand for the construction of
his own house under such housing scheme, with the prior permission of the
Tahsildar in writing without payment of any fee or royalty from a sand ghat,
designated by the Collector for this purpose, out of the sand ghats which,
after receipt of environmental clearance, were put to auction, but were not
successfully bid for or which were specifically reserved for this purpose by
the Collector. (2)
The
Tahsildar, after examining such application for removal of sand, may grant
permission to remove sand from such a sand ghat which is designated or reserved
for this purpose within a period of fifteen days, from the date of receipt of
such application.". MAHARASHTRA LAND REVENUE (EXTRACTION AND
REMOVAL OF MINOR MINERALS) (SECOND AMENDMENT) RULES, 2018
PREAMBLE