THE MINOR MINERAL RULES, 1933

Notification No. 4345-R, dated 23rd December 1933.— With reference to notification No.1234-R, dated the 18th March, 1933, it is hereby notified that the following Rules and Executive Instructions made under section 60 (c) and clauses (e) and (g) or sub-section (1) of section 155 of the Punjab Land Revenue Act, 1887, have been sanctioned by the Financial Commissioner, Revenue, with the precious approval of the Governor in Council:–

 

1.         (i)         These rules may be called the Punjab Minor Mineral Rules;

(ii)         Extent of application.— They extent to the whole of the Punjab, but the Local Government may, by order in writing, suspend their operation altogether or in part, in respect of any person or area.

(iii)        They shall come into force with effect from 1st February, 1934.

(iv)       Nothing in these Rules shall be deemed to effect the provisions of section 7(1)(f) and section 9 (1) and (2) of the Indian Railways Act, 1890.

(v)        These Rules do not apply to the quarrying of minerals from land belonging to Government in the possession of the Punjab Public Works Department, the Punjab Forest Department, or any Department of the Government of India, for the permission of the Department concerned is required according to the Rules of the Department.

 

  1. — Definitions.-

2.   In these Rules —

(i)              ‘minerals” includes all kanker (calcareous carbonate of lime), stone, marble, steatite, china-clay, slate, boulders, shingle, gravel, rori, and bajri, but excludes coal, the ores of metal, earth oil, gold and salt and all minerals the extraction of which is governed by the Punjab Mining Manual; and it also includes sand in any area or locality which the Local Government may by notification direct;

(ii)             “quarry” means to dig or bore on, into or under any land, or to win, extract or collect therefrom in any manner;

(iii)            “occupancy tenant” includes a tenant as defined by section 3 of the Colonization of Government Lands (Punjab) Act, 1912.

B. – Permit to quarry necessary

3.              (1)  No person shall quarry any minerals belonging to Government from land whether privately owned or otherwise, included within any revenue estate, or situated in land the property of Government not included within the limits of a revenue estate, unless he has first obtained a permit in the manner hereinafter prescribed:

Provided that no permit shall be necessary nor shall royalty be leviable for quarrying any mineral proved to belong to the land-owners as provided in section 42 of the Punjab Land Revenue Act, (XVII of 1887):

Provided further that no permit shall be necessary not shall royalty be leviable for quarrying any minerals from land belonging to the person himself or from any other land with the permission of the owner thereof, for any work connected with the immediate disposal of the dead.

(2)        A person, not being a permit holder, who is found in possession of any recently quarried mineral, shall be deemed to have quarried the said mineral without a permit, unless he furnishes proof to the satisfaction of the Collector, that the said mineral was quarried by a permit holder.

 

C.—Information to be furnished in applications for the grant of permits

4.         Every application for a permit to qyarry shall be made in Form M-1, M-2 or M-3, attached to these rules, bear a court-fee stamp of one rupee, and contain the following particulars:—

            (a)        name, parentage and residence of the applicant;

            (b)        name and quantity of the mineral to be quarried;

            (c)        specific purpose for which the mineral is required; and

            (d)        particulars as given in the last jamabandi of revenue estate regarding the land from which the mineral is to be quarried.

            A plan of the land together with the relevant extract from the jamabandi in question shall be attached to application. The application may be made personally or by post.

D.—Application from land-owners to quarry minerals for

personal or charitable purposes

            5.         Any person being an owner or occupancy tenant of agricultural land desiring to quarry in the revenue estate within which his land is situated for use within such revenue estate any mineral —

            (a)        for his own personal, agricultural or domestic purposes, and not for alienation by sale or otherwise, nor for contract work; or

            (b)        for constructing, otherwise then by contract, a hospital, school, dharmasala, well piao, thank, mosque, temple or any other work of public utility or religious worship, within the said estate, shall make an application in Form M-1 to the Collector either directly or through the patwari of the revenue estate. If the land from which the mineral is to be quarried is not in the applicant’s possession the application shall be signed as a token of consent by the owner or occupancy tenant thereof, for if the land is shamilat by the lambardars concerned.

6.         (i)  Where the application is given to the patwari, the patwari shall forthwith enter the receipt and contents of the same infrastructure his diary and shall also record declarations in writing, from the applicant and the other parties, if any, concerned and the lambardar of the village or partti, on both the application and the diary to the effect that the application to the tahsildar, who after verifying it, shall forward it to the Collector.

(ii)         On receipt of the application directly or through the patwari the Collector may after such enquiry as he deems necessary issue a permit for quarrying free of royalty in Form M-4.

(iii)        The permit shall be returned to the patwari within one week after the date of its expiry. The patwari shall forthwith forward it to the tahsildar, with a note that the conditions of the permit have been kept, who shall forward it to the Collector.

            6-A       (i)         The Collector may issue a general permit for 5 years, renewable for like period, authorizing all persons, being owners or occupancy tenants of agricultural land in any estate, to quarry under the limitations prescribed in Rule 5, but without applying for or receiving the permit prescribed in Rules 5 and 6.

            (ii)         The general permit shall be issued, as far as may be, in Form M-4 in the name of the lambardars of the estate, and one copy thereof, shall be sent to the tehsil and another to the patrwari of the estate, with a direction to record its purport in his diary and report immediately to the tehsil any infringement of these Rules.

            (iii)        The Collector may cancel any such permit if he is satisfied that any of these Rules are being infringed by the person concerned.

E.—Applications by officers of Government, etc., by contractors and others, to quarry minerals

7.              (i)         Any person who desires to quarry minerals in circumstances other than those related in paragraph 5 shall make his application to the Collector.

(ii)         Every application by a contractor for quarrying minerals on behalf of a Government Department or a local body shall be made to the Collector in Form M-2, through the Executive Engineer or other official of corresponding authority concerned, or through the Secretary of the local body concerned, as the case may be.

(iii)        Applications in cases other than those provided for in rule 5 and is sub-rule (ii) of this rule shall be made in Form M-3.

8.         (1)        On receipt of an application under rule 7 the Collector may after such inquiry as he deems necessary issue a permit in Form M-5, subject to the following conditions:–

(i)         The permit shall be issued for a period not exceeding one year from the date of issue of the permit.

(ii)         The quarrying operations and the removal of the mineral quarried shall, except as hereinafter provided, be completed within the period specified in the permit.

The time allowed for the quarrying operations shall be as following:–

(a)          Up to 1,000 cubic feet      …         …         …         One month

(b)        Exceeding 1,000 cubic fee but not

            exceeding 5,000 cubic feet           …         …         Three months

(c)        Exceeding 5,000 cubic feet but not

            exceeding 10,000 cubic feet         …         …         Six months

(d)        Exceeding 10,000 cubic feet         …         …         One year

(iii)  The applicant shall be required to pay royalty in advance at the rate of Re. 1 per hundred cubic feet or a faction thereof stone kanker and annas 12 per hundred cubic feet or a fraction thereof of any other mineral to be quarried.

(iv)       In addition to the amount of royalty paid in advance under sub-rule (iii) of this rule the applicant shall make the following deposits:–

            (a)        A security deposit equal to half the amount of he royalty as a guarantee for the observance o the conditions prescribed by these Rules.

            (b)        An amount equal to half the amount of the royalty paid under clause (iii) on account of compensation for damage payable to the land owner or occupancy tenant as the case may be, from whose land the mineral is to be quarried; the actual amount to be determined later as provided in rule 12.

            Provided that the advance payment prescribed by sub-rule (iii) and the deposits prescribed by sub-rule (iv) may be waived where the authority endorsing and application under rule 7 (ii) itself gives a guarantee as provided at the foot of Form M-2 for all sums that would otherwise be payable by the applicant.

            (2)        Notwithstanding anything contained in sub-rule (1) where the application is for quarrying minerals, on behalf of a Government Department, and the Executive Engineer or equivalent officer certifies that the need for the said minerals is immediate, and either the payment of deposits required by sub-rule (1) have been made with the application or the officer recommending the application endorses upon the guarantee that his Department will be responsible for all sums due in respect of the quarrying that may become payable by the applicant, the Collector shall forthwith issue a provisional permit to the applicant in Form M-7. Such permit shall be deemed to be cancelled if and when the Collector, after such enquiry under sub-rule (1) as he may deem necessary, issues, or as the case may be, refuses to issue, a permit in Form M-5. Where a permit in Form M-5 is refused, the provisional permit-holder shall forth with cease operations, but he shall be entitled to remove all minerals quarried by him, and to receive a refund of any amounts paid or deposited by him, less such amounts as may be due on account of royalty for minerals quarried, or on account of compensation for damage to land resulting from the operations carried out.

 

9.         If the holder of a permit infrastructure Form M-5 is unable to complete the quarrying operations within the period specified in the permit, he may make through the channel, if any, prescribed under Rule 7, and before the expiry of the period specified in the permit, an application for a renewal of the permit for a further period not exceeding three months and during this period the quarrying operations shall be finally closed.

An application under this rule shall be accompanied by the permit it is desired to renew and may be made personally or by registered post and shall bear a court-free stamp of one rupee.

 

10.        (i)         The holder of a permit in Form M-5 shall keep a clear account (in Form M-6) of the quantity of minerals quarried each, week and the quantity removed for sale or use. This account shall be checked by the officials of the Revenue Department whenever they inspect the quarrying operations under the provisions of Rule 13.

(ii)             Except as provided in sub-rule (iii) of this rule or in any order recorded on the permit by the Collector no mineral quarried under permit in Form M-5 shall be removed from the site until it has been measured by the patwari. The measurement so taken be recorded on the back of the permit as well as in the patwari’s diary.

The permit shall be returned to the Collector within one week after the date of its expiry by the holder in person or by registered post.

(iii)        If the mineral is quarried on behalf of a Government Department or a local body, the measurements prescribed in sub-rule (ii) shall be made, but the permit shall be returned within one week after the date of its expiry by the holder personally or by registered post to the Government Department or local body, as the case may be, who will return the same to the Collector together with a certificate of the quantity of the mineral received at works.

11.            (i)         If the quantity of mineral quarried is less than that for which royalty was paid in advance under Rule 8 (iii) the permit holder shall be entitled to a refund of the excess on application being made in writing after one month and not later than three months after the date of the expiry of the permit, to the Collector. The Collector after satisfying himself regarding the actual quantity of the mineral quarried as shown or certified on the permit, received back under Rule 10 (ii) and (iii), shall refund the difference between the amount of royalty paid by the applicant in advance and that actually due to  Government for the mineral quarried and removed.

(ii)         For the refund of the deposits made under Rule 8 (iv) a separate application shall be made.

(iii)        An application under this Rule may be made personally or by registered post and need not to be stamped.

12.        Where the holder of a permit in Form M-5 is not himself the owner or occupancy tenant of the land from which the mineral is quarried the owner or occupancy tenant of the land from which the mineral is quarried the owner or occupancy tenant shall, unless he has agreed in writing to forego his claim, be granted compensation for damage caused to him by the quarrying operations. Such compensation shall be estimated as nearly as may be in accordance with the provisions of sections 11, 23, 24 and 25 of the Land Acquisition Act, (I of 1894), and be paid out of the sum deposited or guaranteed under rule 8 (iv). If the damage caused exceeds the compensation deposited the owner or occupancy tenant in question may within one month after the date of expiry of the permit, apply to the Collector for the balance of the compensation which shall, to the extent to which it is awarded by the Collector, be recoverable as an arrear of land revenue under the provisions of section 98 (b) of the Punjab Land Revenue Act (XVII of 1887).

The award of the Collector under this Rule shall be final.

An application under this Rule may be made personally or by registered post and need not be stamped.

            13.        The kanungo of the circle in which the quarrying operations are in a week the accounts of the quarrying operations prescribed in rule 10 (i), and in all cases verify the quantities actually quarried and removed by the permit-holder. He shall make a report of all such inspections to the tehsildar nothing in particular any breaches of the Rules or of the conditions of the permit, and informing him as soon as the period specified in the permit has expired, or quarrying operations have ceased, whichever is earlier.

F.—Levelling

14.        If the land-owner or occupancy tenant of the land has under the provisions o rule 12, agreed to forego his claim for compensation, or if he has, under the provisions of rule 5 agreed to the issue of a free permit, the holder of the permit shall level up the ground as soon as he reasonably can after the completion of the quarrying operations. Failure on his part to do so shall be reported by the land-owner or occupancy tenant within one month after the date of expiry of the permit to the Collector direct or through the patwari. The collector shall thereupon proceed as if compensation had been claimed under Rule 12 for damage cause by the quarrying operations.

            An application under this Rule may be made personally or by registered post and need not be stamped.

G.—Breach of rules to be reported by Revenue Officials

 

15.        It shall be the duty of every lambardar, sufedposh, zaildar  and patwari to report any breach of these Rules to the tehsildar.

16.        The Collector may delegate any of his powers under these Rules to an Assistant or an Extra Assistant Commissioner or with the permission of the Punjab Government, to any other officer, provided that such Officer is an Assistant Collector of the 1st Grade.

 

H.—Penalties

17.        (i)         If a permit issued under rule 6 is not returned to the Collector or to the patwari within one week of the date of its expiry as prescribed in Rule 6 (iii) the Collector may impose on the holder a penalty equal to the amount of royalty that would have been charged on the mineral, if it were assessable to royalty; and if the penalty so imposed is not paid within one month of demand it shall be recoverable as an arrear of land revenue under the provisions of section 98(b) of the Punjab Land Revenue Act, (XVII of 1887).

            (ii)         Failure to return the permit in time.— If a permit issued under Rule 8 is not returned to the Collector or Government Department or local body, as the case may be, within one week after the date of its expiry, as prescribed in Rule 10, the Collector may, in his discretion, forfeit a sum not exceeding one-fourth of the security deposit made or guaranteed under Rule 8(iv).

 

(iii)        Failure to remove in time the mineral quarried.— If any quarried, mineral under a permit issued Rule 8 is not removed within the period specified in sub-rule (ii) thereof including any period of extension granted under Rule 9 it shall be liable to the forfeited to Government. The Collector shall arrange to dispose of this forfeited mineral by sale or otherwise as he deems fit and credit the sale proceeds to the head “V.-Land Revenue.-Miscellaneous.”

(iv)       Unauthorized extraction of minerals. — Any person who (a) quarries any mineral without a permit or who, (b) quarries a different mineral from the specified in the permit or a larger amount than what is so specified, or (c) alienates by sale or otherwise any mineral on contravention of the conditions prescribed in these Rules or in this permit, shall at the discretion of the Collector be liable to pay royalty up to ten times the amount of royalty payable under Rule 8 and such royalty is not paid within one month of demand may be realized as an arrear of land revenue under the provisions of section 98(b) of the Punjab Land Revenue Act, (XVII of 1887).

(v)        Failure to level up the ground on completion of quarrying operations. — If the permit-holder fails to level up the land as provided in Rule 14 as soon as he reasonably can, after the quarrying operations are complete he shall be liable to forfeit the whole or such part of the security deposit made or guaranteed under Rule 8 (iv) as the Collector may determine.

(vi)       If the permit issued under these Rules is lost by the permit-holder, he may submit an application, bearing a court-fee stamp of one rupee, to the Collector for a duplicate copy. This application shall be submitted through the patwari of the estate concerned, who shall forward the same through the tehsildar after certifying thereon, from the entries in his diary the quantity of mineral already removed under the original permit. The Collector on receipt of the pan, will issue, direct to the applicant, a duplicate copy of the permit after nothing on the revenue the quantity of minerals already removed as certified by the patrwari.

(vii)       If any of the conditions prescribed by the Rules and not specifically dealt with above are not observed, the Collector may in his discretion forfeit, in whole or pat the security deposit methods in Rule 8 (iv) (a) or he may in his discretion rescind or revoke the permit forthwith.

I.—How royalty, etc., is to be accounted fori

            18.        (i)         The amount of royalty recoverable in advance under Rule 8 (iii) shall at once be entered in the running register prescribed in paragraph 29 of Standing Order No.31 and on recovery from the permit-holder be credited into the Treasury or Sub-treasury to the head “V.-Land Revenue Miscellaneous.” – The amount of refund if any admissible under Rule 11 should be drawn on a refund voucher and charged to “V.-Land Revenue-Deduct Refunds.”

            (ii)         The amount recovered on account of “Security deposits” shall be credited into the treasury as a “Revenue deposit.” On the expiry of the permit the amount lying in deposit on this account should be withdrawn either in cash or partly in cash and partly by transfer credit to “V.-Land Revenue.-Miscellaneous, according as any part of it is not or is ordered to be forfeited to Government under Rule 17 in accordance with the procedure laid down in Article 201 of the Civil Account Code, Volume I.

            (iii)        Similarly the amount recovered on account of compensation for damage, etc., payable to the land-owner or occupancy tenant may in the first instance be credited to “Revenue deposits” pending subsequent withdrawal for disbursement to the land-owners or occupancy tenants on the sanction of the Collector.

            (iv)       The amount for penalty imposed under Rule 17(i) if recovered in cash should be credited to the head “v.-Land Revenue—Miscellaneous.”

            Its record will be kept in the books of the wasil baqui nawis.

FORM M-1

(COURT-FEE STAMP OF ONE RUPEE)

            Application for permission to quarry minerals, under rule 5 of the Punjab Minor Minerals Rules published with Financial Commissioner’s Notification No.4345-R: dated 23rd December, 1933

 

  1. Name of applicant
  2. Father’s name,
  3. Caste or tribe.
  4. Residence.
  5. Name and quantity of the mineral to be quarried.
  6. Specific purposes for which the mineral to be quarried, is required.
  7. Particulars as given in the last jamabandi of the revenue estate regarding the land from which the mineral is to be quarried.

 

  1. Whether land-owner or occupancy tenant in the revenue estate?
  2. Whether permission of the land-owner or of the occupancy tenant, as the case may be, has been taken, if the applicant is not the owner or occupancy tenant of the land in question?

 

  1. 1.              Signature of the applicant

Dated:                                                                           2.         Signature of owner or

                                                                                                Occupancy tenant if he is

                                                                                                Not the applicant.

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FORM M-2

(COURT-FEE STAMP OF ONE RUPEE)

 

            Application for permission to quarry minerals, under rule 7(ii) of the Punjab Minor Minerals Rules published with Financial Commissioner’s Notification No.4345-R: dated 23rd December, 1933

  1. Name of applicant
  2. Father’s name,
  3. Caste or tribe.
  4. Residence.
  5. Name and quantity of the mineral to be quarried.
  6. Name of the Government Department or local body for which the mineral is to be quarried

 

  1. Particulars as given in the last jamabandi for the revenue estate regarding the land from which the mineral is to be quarried.

 

  1. Whether prepared to make the payments and deposit the amounts if any prescribed by sub-rules (iii) and (iv) of Rule 8.

 

Signature of the applicant

 

  1. Recommended.

 

  1. The (name of Government Department of Local Body) guarantees payment of all sums leviable form the application on account of royalty under sub-rule (ii) of Rule 8 and compensation due to the land-owner or occupancy tenant under Rules 12 and 14 of all other sums that may be leviable from applicant for non-observance of the Punjab Minor Minerals Rules in connection with this work.

 

Designation of official

Signature

[Note—Paragraph 2 shall be cancelled if no such guarantee is to be given].

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FORM M-3

(COURT FEE STAMP OF ONE RUPEE)

 

Application for permission to quarry minerals, under rule 7(iii) of the Punjab Minor Minerals Rules published with Financial Commissioner’s Notification No.4345-R: dated 23rd December, 1933

 

  1. Name of applicant
  2. Father’s name,
  3. Caste or tribe.
  4. Residence.
  5. Name and quantity of the mineral to be quarried.
  6. Specific purposes for which the mineral to be quarried is required.
  7. Particulars as given in the last jamabandi of the revenue estate regarding the land from which the mineral is to be quarried.

 

  1. Whether prepared to make the payments and deposit the amounts if any prescribed by sub-rules (iii) and (iv) of Rule 8?

 

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FORM M-4

 

Permit to quarry minerals, etc., for personal or charitable purposes issued under the Punjab Minor Minerals Rules published with the Financial Commissioner’s Notification No.4345-R, dated 23rd December, 1933

 

1.         This is to certify that ………………………………………………………………….. son of ………………………………………………………………………………………………………… caste ……………………………………. of ……………………………………………………………  tehsil ………………………………………………… district ………………………………………………. has been permitted to quarry and remove ………………………………………………………………. cubic feet of

kankar

stone

————–

limestones

from field No. ……………………………………….. in the revenue estate …………………………… tehsil ……………………………………………….. district ……………………………………………….. for the following purposes:—

 

2.         This permit is issued subject to the conditions prescribed in the Rules above mentioned and will remain in force till the …………………….. it shall be returned to the patwari personally or by registered post by the …………………………….

 

Collector

Dated                                                                                                    …………….. district

Certified that the conditions of the above permit have been satisfied, that the amount of minerals has not exceeded that mentioned in the permit and that they have been devoted to the use prescribed in the permit.

Dated…………………..                                                                                      Patwari

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FORM M-5

Permit to quarry minerals, etc. issued under the Punjab Minor Minerals Rules published with the Financial Commissioner’s Notification No.4345-R, dated 23rd December, 1933

            (1)        This is to certify that ………………….. son of …………………… caste …………… of …………………………. Tehsil ………………. District ………………….. has been permitted to quarry and remove ………………….. cubic feet of  kankar                    from field No. ……………….. in

  stone  

linmestones

revenue estate………………….. tehsil ……………………………… district. …………………………

 

(2)        He has paid–

(a)        Rs. ……………. On account of royalty at the rate of ……………. per hundred cubic feet, and also;

(b)        made the following deposit:

(i)         Rs. …………… as security deposit,

(ii)         Rs. ……………. On account of compensation payable to land-owner or occupancy tenant under Rule 12.

(3)        This permit is issued subject to the conditions prescribed in the rules published with the notification referred to above and shall remain in force till the …………..it shall be returned …….. personally or registered post by the …………………

 

Collector

Dated                                                                                                    …………… district.

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FORM M-6

[Rule 10 (i)]

            Account of the quantity of minerals quarried and removed, to be maintained by the holder of a permit in Form M-5, issued under the Punjab Minor Minerals Rules published with Notification No.4345-R, dated 23rd December, 1933:–

1

2

3

4

5

Weak ending

Quantity quarried during the week

Quantity removed

the week

Balance

Notes by Inspecting Officer
         

 

FORM M-7

 

            Provisional permit to quarry minerals, etc., issued under the Punjab Minor Mineral Rules, published with the Financial Commissioner’s Notification No.4345-R, dated 23rd December, 1933,

 

(1)        ………………………………. Son of ………………….caste…………………….of ………………………………………tehsil ………………………………….. district…………………… has been provisionally permitted to quarry and remove………………..cubic feet of kandar/stone/limestone from field No…………….. in the revenue estate……………………tehsil …………………………….. district………………………………..

 

(2)        This permit is issued subject to the conditions prescribed in the Rules published with the notification referred to above and shall remain in force till the issue of a regular permit in Form M-5 under Rule 7 (ii) of the Minor Minerals Rules, or until refusal of the said……………..’s application as the case may be.

 

Collector

Dated                                                                                                    district

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