# 14. Quarrying Permit for Ordinary earth

(1) A quarrying permit under these rules shall be obtained for extraction ²¹[and transportation] of ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways or buildings in Form N.

²²[(2) Notwithstanding anything contained in sub-rule (1), no quarrying permit is required under these rules for the extraction of ordinary earth in connection with the construction and digging of foundations for building that do not require environmental clearance under the Environment (Protection) Act, 1986 (Central Act 29 of 1986), if the owner of the land obtained a prior valid building permit from the Local Self Government authorities concerned. In cases where levelling of land involve extraction and transportation of ordinary earth outside the property, authorities who grant building permit under the Kerala Panchayat Building Rules, 2019 and Kerala Municipality Building Rules, 2019, shall ensure that following particulars are provided in the plans submitted by the applicant, namely:- 

a. precise area proposed for extraction of ordinary earth with demarcation details is provided and that such precise area does not exceed the sum of plinth area of ground floor, the open space around the building as per Building Rules, and the space required for implementing safety provisions, including the driveway. 

b. dimensioned plan and sectional drawing showing the abutting road level, the levels and depths of cutting at all places in respect of excavations for building construction 

c. quantity of ordinary earth proposed to be extracted, quantity of ordinary earth proposed to be used for filling and balance quantity of ordinary earth proposed to be transported outside the property, and 

d. drawings, specifications and details of temporary and permanent protective measures including retaining walls where excavations to a depth of more than 1.5 meters is involved. 

Provided that, if the proposed building construction site is located in a hilly terrain with steep slopes where excavation of ordinary earth may result in slope failures, the building permit granting authority may insist the applicant to submit a slope stability study report prepared by any reputable agency providing geotechnical investigation services and the decision to grant permit may be taken based on the recommendations provided in the report. 

(3) for transporting ordinary earth outside the property, the building permit holder shall obtain a movement permit in Form S and the required number of mineral transit passes in Form O(A) appended to the Kerala Minerals (Prevention of Illegal Mining, Storage, and Transportation) Rules, 2015, after paying the royalty specified in Schedule I of these Rules and shall prepare the pass in duplicate by filling in all required columns and give the original of it to every purchaser or driver or person in charge of any carrier used in transporting the ordinary earth.

(4) The Secretary of the Local Self Government Institution shall issue a movement permit in Form S along with the necessary number of mineral transit passes in Form O(A) in the case of buildings with a plinth area up to 3000 square feet (278.7 square meters) ; and in the case of buildings with a plinth area above 3000 square feet (278.7 square meters), the movement permit and transit passes shall be issued by the District Geologist of the Department of Mining and Geology on an application made by the building permit holder. 

(5) The application for movement permit and mineral transit passes submitted to Department of Mining and Geology shall be accompanied by:- 

(1) valid building permit and associated plans issued by Local Self Government authorities concerned under Kerala Panchayat Building Rules, 2019 and Kerala Municipality Building Rules, 2019; 

(2) location map issued by the Village Officer concerned;

(3) possession and enjoyment certificate of the land issued by the Village Officer concerned;

(4) in case the building permit holder is not the owner of the land, then a notarised consent letter from the owner of the land to the effect that the he has no objection in extraction and transportation of ordinary earth from his property by the building permit holder.

²³[(6) A building permit holder who applies for movement permit for transportation of ordinary earth under sub-rule (3) shall also submit along with the application a notarized affidavit on stamped paper in Form T to the effect that in the event of grant of movement permit, he will restrict the excavation and transportation of ordinary earth as per the approved plans and that after the excavation and transportation of the quantity specified in the approved plan, he will carry out the proposed construction as per the approved building plan and building permit and shall complete at least the construction of basement of the building within one year from the date of issuance of movement permit and intimate the same to the competent authority.

(7) In the event of failure to complete at least the construction of the basement of the building within one year from the date of issuance of the movement permit, the act of extraction of ordinary earth under the pretext of construction of the building shall be treated as an offence and the building permit holder shall be liable to pay an amount equal to five times the royalty remitted for obtaining movement permit in addition to the amount already paid.

(8) In the event of the extraction of ordinary earth in excess of the permitted quantity or the extraction of ordinary earth outside the permitted area, the movement permit issued is liable to be cancelled and the building permit holder shall pay an amount equal to five times the royalty of the ordinary earth extracted in excess of the permitted quantity. 

(9) All sum found due to the government by virtue of sub-rules (7) and (8) shall be recovered under the provisions of the Revenue Recovery Act for the time being in force as though such sums are arrears of land revenue and in such other manner as the Government may deem fit. 

(10) The competent authority authorized to issue movement permit shall maintain a proper register showing details of movement permit granted including its extension, details of mineral transit passes issued, details of cancellation of movement permit and details of construction of at least the basement of building within one year of issue of movement permit, details of amount realized as per sub-rule (7) and (8) etc.

(11) The statement of remittance/recovery of any sum by virtue of sub-rule (7) and (8) shall be reported on a monthly basis to the appropriate authority in Form U.

(12) In cases and classes of cases where excavation of any mineral other than ordinary earth is inevitable for the construction and digging of foundation of a building, such applications shall be processed by the Department of Mining and Geology in accordance with Rule 104 or sub-rule (1) of Rule 106 of these Rules upon production of a valid building permit along with approved plans from the Local Self Government Institutions concerned.] 

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21. Inserted by SRO 391/2020 w.e.f. 12.06.2020. 
# Amendments were made to Rule 14 by SRO 346/2017 2017 w.e.f. 23.06.2017, SRO 391/2020 w.e.f. 12.06.2020  and 456/2023 w.e.f 01.04.2023.

Prior to amendment by SRO 346/2017  w.e.f. 23.06.2017 Rule 14 read as 

“14. Quarrying Permit for Ordinary earth.—(1) A quarrying permit under these rules shall be obtained for extraction of ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways or buildings in Form N. 

(2) Notwithstanding anything contained in sub-rule (1), no quarrying permit is required under these rules for extraction of ordinary earth in connection with the construction of residential buildings including flats or commercial buildings having a plinth area of 300 square metres if the owner of the land obtained a prior valid permit for construction of such building from the Local Self Government authorities concerned:

Provided that in cases where transportation of ordinary earth is required, the owner shall pay royalty for the quantity to be transported and shall obtain mineral transit passes under the Kerala State Minerals (Prevention of illegal mining, storage and transportation) Rules, 2015 from the competent authority:

Provided further that the competent authority shall not issue mineral transit passes for removal of ordinary earth exceeding the quantity needed to be extracted, as ascertained by it through a site inspection. 

Provided that in cases where transportation of ordinary earth is required, the owner of the land shall obtain mineral transit passes for the quantity to be transported under the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 after making payment of royalty, on an application submitted in this regard. Such application shall be accompanied by (1) valid building permit for construction of building obtained from the Local Self Government authorities concerned, (2) land development permit obtained from the Local Self Government authorities concerned in cases where the levelling of the land and extraction of ordinary earth is involved and (3) possession and enjoyment certificate of the land issued by the Village Officer concerned:

Provided further that in cases where levelling of land and extraction of ordinary earth is involved, the building permit shall be accompanied by an approved building plan obtained from the Local Self Government authorities concerned which shall contain the area of land to be developed for the construction of the building and the quantity of ordinary earth to be extracted for such construction.

(3) A person who applies for mineral transit passes for transportation of ordinary earth under this rule shall also submit along with the application a sworn affidavit in stamped paper to the effect that he will carry out the proposed construction as per the building plan and building permit and shall complete at least the construction of basement of the building within one year from the date of issuance of mineral transit passes and intimate the same to the competent authority.

(4) In the event of extraction of ordinary earth outside the permitted area, the permission granted for extraction and transportation shall be liable for cancellation and the offender shall be liable to pay an amount equal to five times the royalty of the ordinary earth extracted outside the area of permission as penalty. 

(5) In the event of failure to complete at least the construction of basement of building within one year from the date of issuance of mineral transit passes the act of extraction of ordinary earth shall be treated as illegal and the offender shall be liable to pay an amount equal to five times the royalty of the ordinary earth extracted from the area, in addition to the amount already paid.”

22. Sub rule (2), (3), (4) and (5) substituted by SRO 456/2023 w.e.f 01.04.2023.
23. Sub rule (6), (7), (8), (9), (10), (11) and (12) inserted by SRO 456/2023 w.e.f 01.04.2023.