These rules may be
called the Maharashtra Land Revenue (Extraction and Removal of Minerals) Rules,
1968. Subject to the
provisions of these rules with the previous permission in writing of the
officers mentioned in column 1 of the Table below, but without payment of any
fees, any inhabitant of any village, town or city, may, for this domestic or
agricultural purpose, remove from the area within the jurisdiction of such
officer any earth, bank, stone, kankar, gravel, sand or murum or any other
material (each of which is a minor mineral) the value of which does not exceed
the amount specified against each such officer in column 2 of the said Table,
from the bed of the sea or from the bed of creek, river or nalla or from any
unassessed Government waste land not assigned under Section 22, or any tank the
right to which vests in the State Government, within the limits of village,
city or town in which he resides or in which the land for the benefit of which
the materials are required is situated. Officer granting
permission Limit of value of
minerals Talathi Not exceeding rupees
one hundred. Circle Inspector or Not exceeding rupees
two hundred fifty. Circle officer 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 metres of the foot of the embankment
of any such tank: Provided further that
where the Talathi, Circle Inspector or Circle Officer, as the case may be,
fails to give previous permission within a period of 7 days, from the date of
receipt of the application, the permission applied for shall, subject to
provisions of Rule 6, be deemed to have been granted. (1)
Subject to the provisions of
these rules the stone, kankar, sand, murum or any other material (each of which
is a minor mineral) may with the previous permission in writing of the
Tahsildar or Naib-Tahsildar within whose jurisdiction such material is situated
and without payment of any fee, be removed from any of the sources specified in
Rule 2 - (a)
by any inhabitant of a
village, town or city for the purpose of building a well or for his domestic or
agricultural purpose (but not for sale or personal gain). [3]["(a-i)
by any inhabitant of a village, town or city whose individual income from all
sources does not exceed two thousand and four hundred rupees per annum for the
purpose of building his own house," and (2) in proviso, after clause (i),
the following shall be inserted, namely :- [4]"(i-a)
the value of the material to be removed by the person referred to in clause
(a-i) shall not exceed five hundred rupees if the material required is laterite
stone and shall not exceed two hundred rupees in the case of any other
material".] (b)
by any backward class
co-operative housing society on behalf of its members for the purpose of
building a house or houses for its members; or (c)
by any other co-operative
housing society on behalf of such of its members, whose individual income from
all sources is not more than Rs. 2,400/ per annum (hereinafter referred to as
the qualified members) for the purpose of building a house or houses for its
members : Provided that :- (a)
[5][the
value of laterite stone to be removed by the person in clause (a) shall not
exceed one thousand rupees and the value of any minor mineral or material other
than laterite stone to be removed by him shall not exceed five hundred rupees
if such minor minerals is required for domestic or agricultural purposes or for
the purpose of building a well]. (b)
the value of the material to
be removed by any society referred to in Clause (b) shall not exceed five
hundred rupees per member if the material required is laterite stone and two
hundred and fifty rupees per member in the case of any other material. (c)
the value of the material to
be removed by any society referred to in Clause (c) shall not exceed, where the
material required is laterite stone, five hundred rupees per qualified member
on whose behalf the material is per removable by it and in any other case two
hundred and fifty rupees per qualified member. Explanation :- For
the purpose of this sub-rule, "backward class co-operative housing
society" means a co-operative housing society wherein not less than eighty
per cent of the total number of members are persons having an individual income
of Rs. 2,400/- or less per annum, from all sources. (2)
If any such material lies in
a Taluka other than the Taluka in which the person resides, or in which the
land for the benefit of which the material is required is situated, then the
permission under sub-rule (1) shall be granted only with the concurrence of the
Tahsildar in whose jurisdiction such person resides or in which such land is
situated. (3)
[6][Where
on receipt of any application for previous permission under sub?-rule (1), the
Tahsildar, or as the case may be, the Naib Tahsildar fails to inform the
applicant of his decision within a period of thirty days from the date of
receipt of the application, the permission applied for shall subject to the
provisions of Rule 6, deemed to have been granted] Subject to the
provisions of Rule 5, with the previous permission in writing of the Tahsildar
or Naib-Tahsildar and without payment of any fee, any potter or maker of bricks
of tiles may, for the purposes of his profession, remove earth, kankar, sand,
murum or any other material (each of which is a minor mineral) from bed of the
sea or from the bed of any creek, river and nalla or from any unassessed
Government waste land not assigned under Section 22, within the limits of the
village in which he resides: Provided that if the
Tahsildar or Naib-Tahsildar is of opinion that other occupation carried on by
any potter or maker of bricks or tiles is sufficiently extensive or lucrative
and that such potter or brick maker should not be allowed to remove such
material free of charge, he shall refuse permission for removal of such
materials, and may refer the case for disposal under rules made under the Mines
and Minerals (Regulation and Development) Act, 1957, for the time being in
force in any part of the State. [7][Explanation:-
For purposes of this rule, an occupation carried out by any potter or maker of
bricks or tiles shall be deemed to be sufficiently extensive or lucrative if
the value of the turn over of goods manufactured through such occupation is not
less than twenty thousand rupees per annum]. Subject to the provisions
of Rule 7 no Talathi [8][Circle
Inspector, Circle Officer], Tahsildar or Naib-Tahsildar may permit any removal
under Rule 2,3 or 4 from 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. Notwithstanding
anything contained in Rule 2. 3, 4 or 5 the Collector may, in such cases or
localities as he thinks fit, prohibit a Talathi 10[a Circle Inspector, a Circle
Officer], a Tahsildar or as the case may be, a Naib-Tahsildar from giving
permission without obtaining the previous sanction and in any such case, all
applications for permission shall be referred to the Collector for orders. Notwithstanding
anything contained in these rules, where in any case excavation of soil
permitted under the provisions of the Code for these rules, is in the opinion
of the Tahsildar on any information received or any inquiry made, likely to
damage or destroy any building or land (not being land permitted to be excavated)
or any boundary mark, he shall inform the permit-holder to that effect and
require him to carry out excavation of the soil in such a way as not to damage
the building, land or as the case may be, boundary mark, and report the matter
to the Collector. Any person committing
a breach of any of the provisions of these rules, in addition to any other
consequences would ensue from such breach, be punishable with such fine not
exceeding one thousand rupees as the Collector may, after giving such person an
opportunity to be heard, deem fit to impose : [9][Provided
that a person who, without obtaining the [permission of Talathi, Circle
Inspector or Circle Officer as required by Rule 2, removes mines or minerals of
the value not exceeding the amount specified in said rule], will be punishable
with fine equal to the amount of the royalty chargeable of the material so
removed under the provisions of rules made under the Mines, Minerals
(Regulation and Development) Act, 1957.] ________________ [1] Substituted by the Maharashtra Land Revenue (Extraction and Removal
of Minor Minerals) (Amendment) Rules, 1984, Section 2, dated 20th September,
1984. [2] Substituted by the Maharashtra Land Revenue (Extraction and Removal
of Minor Minerals (Amendment) Rules, Section 2, dated 27th September, 1977. [3] Inserted by the Maharashera Land Revenue (Extraction and Removal of
Minor Minerals) (Amendment) Rules, 1980 by No. MMR, 1078/16431/505-G, dated
10.3.80. [4] ?Inserted by the Maharashtra
Land Revenue (Extractions and Removal of Minor Minerals) (Amendment Rules,
1977. Section 2, dated 29th September, 1977. [5] Substituted by the Maharashtra Land Revenue (Extraction and Removal
of Minor Minerals) (Amendment) Rules, 1984, Section 2, dated 20th Septmber,
1984). [6] Inserted by the Maharashtra Land Revenue (Extractions and Removal
of Minor Minerals) (Amendment) Rules, 1969. [7] ?Inserted by the Maharashtra
Land Revenue (Extraction and Removal of Minor Minerals) (Amendment) Rules,
1984, Section 4, dated 20th September, 1984. [8] Inserted by the Maharashtra Land Revenue (Extraction and Removal of
Minor Minerals) (Amendment) Rules, 1984, Section 5, dated 20th September, 1984. [9] Substituted by the Maharashtra Land Revenue
(Extraction and Removal of Minor Minerals) (Amendment) Rules, 1984, Section 4,
dated 20th September, 1984.THE MAHARASHTRA LAND REVENUE
(EXTRACTION AND REMOVAL OF MINERALS) RULES, 19681