10. Conditions on which quarrying permit shall be granted
Every quarrying permit, except for ordinary earth, under rule 9 shall be granted subject to the following conditions, namely:—
(a) the depth of the pit below surface shall not exceed 6 metres except in the case of extraction of granite (building stones) and laterite (building stones):
Provided that in the cases of quarries of granite (building stones) and laterite (building stones) where the depth of the pit exceeds 6 metres, the sides of open workings shall be sloped, stepped or benched or secured by the permit holder in such a manner so as to prevent slope failure. When an open working is worked in steps such steps shall be of sufficient breadth in relation to their height to secure safety. In an excavation in any hard and compact ground the sides shall be adequately benched, sloped or secured so as to prevent danger from fall of sides. No trees, loose stone or debris shall be allowed to remain within a distance of three metres from the edge or side of the excavation. No person shall undercut any face or side or cause to permit such undercutting so as to cause any overhanging:
Provided further that in the case of granite and laterite building stone quarries, the permit holder shall give a notice in writing in Form D to the Deputy Director General, Directorate General of Mines Safety, Southern Zone, Bengaluru-560 029; 13[xxx] and the District Magistrate of the district when the depth of open cast excavation measured from its highest to the lowest point reaches 6 metres or when the number of persons employed on any day is more than 50 or when any explosives are used for excavation;
14[(b)The maximum period for a quarrying permit shall be 3 years for the minerals specified in item number 5 and one year for the minerals specified in item numbers 1, 2 and 3 of Schedule I, depending on the quantity of mineable mineral reserve available in the applied area.]
(c) the permit holder shall not extract and remove excess quantity of the mineral than permitted;
(d) the permit holder shall not extract minerals outside the area permitted for extraction;
(e) the permit holder shall furnish to the competent authority or the officer authorised by him in this regard a return in form ‘F’ regarding the mineral quarried and removed from the area before 10th day of every calendar month after the month of grant of quarrying permit. The permit holder shall also allow inspection of the area by the competent authority or any officer authorized by him at any time and shall give satisfactory proof as to the quantity of the mineral quarried and removed;
15[(f) the permit holder shall not carry on or allow to be carried on any quarrying operations at or to any points within a distance of 100 metres from any railway line except with the previous written permission of the Railway Administration concerned and any bridge on National Highway or 50 metres from any reservoir, tanks, canals, rivers, bridges, other public works, residential buildings, the boundary walls of places of worship, burial grounds, burning ghats or village roads or one kilometre from the boundaries of National Park or Wildlife Sanctuaries except with the previous permission of the authorities concerned or the Government or the competent authority.
Provided that the Railway Administration or the State Government or any other authority in this behalf may in granting such permission impose other such conditions as may be found proper and necessary.]
(g) The area granted under a quarrying permit shall be a contiguous unit;
(h) The permit holder shall not win and dispose of any type of mineral other than the mineral specified in his permit;
(i) (i) The permit holder shall erect a notice board in Malayalam at a prominent place with a minimum size of 1 metre × 1.5 metres in a metallic board near to the entrance of the quarry to the effect that it shall contain the name and address of the permit holder, mineral concession number and date, the mineral to be extracted, permit number and date and its date of expiry, quantity of extraction permitted (if applicable), area of extraction permitted, explosives used (if any), etc.;
(ii) The permit holder shall erect a warning board with danger sign regarding operation of the quarry, 100 metres away by the side of the road leading to it;
(j) The permit holder shall allow any officer authorised by the Central or the State Government in this behalf to enter upon any building, place of excavation or land comprised in the permit for the purpose of inspection of the same;
(k) The permit holder shall carry on the operations permitted in a fair, orderly, skillful and workman like manner and shall not cause any damage to life and property in nearby areas and also not cause any serious environmental hazard;
(l) The permit holder shall at all times during the term of the permit keep or cause to be kept correct and intelligible records of accounts which shall contain accurate entries showing from time to time the quantity of mineral extracted and if sold, to whom sold, place, number of transit pass etc. and it shall be open for inspection by the competent authority in this regard, during all reasonable time;
(m) The permit holder shall give on demand any information pertaining to the quarrying as required by the competent authority under these rules;
(n) The permit holder shall not be eligible for refund of any amount paid by way of application fee, rent, royalty or tax as the case may be;
(o) The permit holder shall comply with all rules and regulations which may from time to time be issued relating to the working of the quarries and other matters affecting the safety, health and convenience of the permit holders, employees or of the public whether under the Mines Act, 1952 (Central Act 35 of 1952) or otherwise;
(p) The permit holder shall without delay send to the District Collector, Deputy Director General, Directorate General of Mines Safety, Bengaluru and the competent authority under these rules a report of any accident causing death or serious bodily injury or serious damage to property which may occur during the course of the quarrying operation;
(q) (i) In the case of granite and laterite (building stone) quarries where a pit has been formed as a result of any mining operation, the permit holder shall provide retention wall/barricade/fencing/compound wall surrounding the quarrying area in order to prevent accidents by falling of human beings, animals or vehicles or any other thing into the quarry;
(ii) The permit holder shall sufficiently fence and secure all pits that may be seen or made in the permitted area, whether abandoned or not;
(iii) The permit holder shall also provide all effective preventive measures for the safety of labourers as well as the public in general.
16[(iv) xxx]
17[(r) The permit holder shall carry out mining operations only in accordance with the approved mining plan submitted by him for obtaining the quarrying permit and the total quantity that can be mined from the permit area during the tenure of the permit is limited to the total mineable mineral reserve earmarked for the permit period in the approved mining plan.]
13. Omitted the words “The Regional Controller of Mines, Yeshwantpur, Bengaluru- 560 022” by SRO 346/2017 w.e.f. 23.06.2017.
14. Clause (b) substituted by SRO 456/2023 w.e.f. 01.04.2023. Prior to substitution it read as “(b)The maximumperiod for a quarrying permit shall be oneyear from the date of grant under rule 9;”
15. See next page.
15. Clause (f) substituted by SRO 346/2017 w.e.f. 23.06.2017. Prior to substitution it read as
“(f) the permit holder, in cases where explosives are not used for quarrying,shall not carry on or allowed to be carried on any quarrying operations at or to any points within a distance of 75 metres from any railway line except with the previous written permission of the Railway Administration concerned and any bridge on National Highway or 50 metres from any reservoir, tanks, canals, rivers, bridges, other public works, residential buildings, the boundary walls of places of worship, burial grounds, burning ghats or forest lands or village roads except with the previous permission of the authorities concerned or the Government or the competent authority:
Provided that the Railway Administration or the State Government or any other authority in this behalf may in granting such permission impose other such conditions as may be found proper and necessary.
Provided further that in cases where explosives are used for quarrying, the permit holder shall not carry on or allowed to be carried on any quarrying operations at or to any points within a distance of 100 metres from any railway line, any bridge, reservoir, tanks, residential buildings, monuments protected by Government, canals, rivers, public roads having vehicular traffic, other public works or the boundary walls of places of worship or 50 metres from any burial grounds or burning ghats or village roads or forest lands;
16. Sub clause (iv) omitted by SRO 456/2023 w.e.f. 01.04.2023. Prior to omission it read as
“(iv) The permit holder shall carry out mining operations only in accordance with the approved mining plan submitted by him for obtaining the quarrying permit.
17. Clause (r) inserted by SRO 456/2023 w.e.f. 01.04.2023.
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