Karnataka Regulation of Stone Crushers Act, 2011
Karnataka Regulation of Stone Crushers Act, 2011
Karnataka Regulation of Stone Crushers Act, 2011
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As the matter was urgent and both the Houses of the Karnataka State Legislature were not in
session, the Karnataka Regulation of Stone Crushers ordinance, 2011. (Karnataka ordinance No.2 of
2011) was promulgated on 07.09.2011.
This bill seeks to replace the said ordinance.
Hence the Bill.
[L.A. Bill No. 38 of 2011, File No.Samvyashae 20 Shasana 2011]
[Entry 23 and 24 of List II of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 8 OF 2012
(First published in the Karnataka Gazette Extra-ordinary on the fifth day of January, 2012)
THE KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011
(Received the assent of the Governor on the third day of January, 2012)
An Act to provide for the Regulation of Stone Crushers in the State of Karnataka.
Whereas the Honble High Court of Karnataka by its order dated: 10.7.1998 in Writ Petition
No.17078/1997 has directed the State Government to formulate a policy regulating the carrying on
the business related to the crushing of stones by prescribing reasonable conditions including
guidelines and licenses and their renewals.
And whereas it is considered necessary to enact a legislation providing for licenses and their
renewals in the State of Karnataka and for certain other matters.
Be it enacted by the Karnataka State Legislature in the sixty-second year of Republic of India
as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Regulation of
Stone Crushers Act, 2011.
(2) It shall be deemed to have come into force with effect from the Seventh day of September,
2011.
2. Definitions.- (1) In this Act, unless there is anything repugnant in the subject or context,-
(a) Appellate Authority means the Regional Commissioner of the concerned region;
(b) committee means the District Stone Crusher Regulation Committee constituted under
section 8;
(c) Deputy Commissioner means the Deputy Commissioner of the concerned Revenue
District;
(d) Licence means a licence granted under this Act;
(e) Licensee means a person or a company holding licence under this Act;
(f) Licencing Authority means the Deputy Commissioner of the concerned Revenue
District;
(g) Licence fee means the licence fee payable under this Act;
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(h) Pollution Control Board means the Karnataka State Pollution Control Board
established under the provisions of the Water (Prevention and Control of Pollution) Act,
1974;
(i) rules means rules made under this Act;
(j) safer zone means a location or a zone declared as such by the Licencing Authority
under section 6;
(k) stone crusher means any power driven machinery of any size which crushes stone;
st
(l) year means year commencing on the first day of April and concluding on 31 day of
March of the succeeding year.
(2) All other words and expressions used in this Act but not defined shall have the same
meanings respectively assigned to them in the Mines and Minerals (Development and Regulation)
Act, 1957 (Central Act 67 of 1957) and rules issued thereunder.
3. Stone crushers to obtain license.- (1) No person shall carry on the business of stone
crushing in the State except under and in accordance with the terms and conditions of a license
issued under this Act.
(2) Any person who is carrying on the business of stone crusher on the date of
commencement of this Act with a license issued by any authority shall apply to the Licencing
Authority for a license under section 4 of the Act within three months from the date of declaration of
safer zone under section 6.
(3) On receipt of the application made under sub-section (2), the existing stone crusher units
may be allowed to function till the grant or refusal of the license under the provisions of this Act or till
three months from the date of receipt of application within which time the licensing authority shall
dispose of such application after due verification of the location and fulfilment of other conditions of
licence.
(4) On grant of licence under sub-section (3), the existing stone crushers shall be shifted to
the safer zone within six months.
4. Application for license.- (1)Every application for grant or renewal of license to carry on
the business of stone crushing under this Act shall be made to the licensing authority in such form, in
such manner, accompanied by such documents and such fees as may be prescribed. An application
for renewal of license shall be made to the licencing authority three months before the expiry of the
license.
(2) On receipt of application for grant or renewal of licence, the Licencing Authority shall
cause inspection of the location and after verifying the fulfilment of other conditions of licence grant or
reject the application within three months from the date of application.
5. Term of license.- A license shall be valid for a period of three years and may be renewed
for a further period of three years subject to fulfilment of the conditions laid down under this Act or
the rules made thereunder.
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Explanation.- Where a license has been granted in the middle of a year, for the purpose of
computing the term of license, the remaining part of the year shall be deemed to be a year.
6. Conditions for grant of license.- License shall be granted under this Act subject to the
following conditions, namely:-
(1) The stone crusher shall not be established outside the safer zone;
(2) The safer zone shall be within a location of,-
(a) two kilometres away from the National Highways, habitats, temples, schools and
river;
(b) one and a half kilometres away from the State Highway;
(c) five hundred meters away from the link roads;
(d) eight kilometres away from the limits of Municipal Corporations;
(e) four kilometres away from the limits of District Head Quarters;
(f) two kilometres away from the boundary limits of a Taluk Head Quarters;
(g) one kilometre away from the limits of an inhabited village or any land recorded
as forest in Government records or any private land which is shown as cultivable
land in the revenue records;
(3) No two safer zones shall be located within a radius of fifty kilometres.
(4) The Licencing Authority shall, within a period of four months from the date of
commencement of this Act, identify and declare the safer zones by notification specifying the area
and limits within their jurisdiction:
Provided that the Licencing Authority may in exceptional circumstances and for the reasons to
be recorded in writing may relax any of the condition or conditions specified in sub-section (2) and
sub-section (3) for the purpose of declaration of safer zones.
(5) The Licencing Authority shall send the proposal of declaration of safer zone under sub-
section (4), to the pollution control Board for its certification. On receipt of the proposal by the
pollution control Board or where three months have lapsed from the date of the proposal and no
communication has been received by the Licencing Authority, the Licencing Authority shall by
notification declare the safer zone in accordance with the proposal.
(6) Each stone crusher unit shall be located in a minimum area of one acre of land including
stone crushers belonging to State Government or the Panchayat as the case may be.
(7) Each unit shall abide by the pollution control measures or such other safeguards as may
be prescribed by the Karnataka State Pollution Control Board from time to time.
(8) Each unit shall conform to the Noise (Regulations and Control) Rules, 2000.
(9) The unit shall abide by the provisions of the Air (Prevention and Control of Pollution) Act,
1981 and the Environment Protection Act, 1986 and rules made thereunder.
7. License for stone crushers for Government projects.- Notwithstanding anything
contained in this Act, license for temporary stone crushers exclusively for construction of National
Highway, State Highway or any other infra-structural Government project and Government approved
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Public Private Partnership Projects may be granted for the project period on their fulfilling the
provisions of the Air (Prevention and Control of Pollution) Act, 1981 and Environmental Protection
Act, 1986 and Rules made thereunder.
8. Establishment of District Stone Crushers Regulation Committee.- (1) On and from the
date of commencement of this Act, there shall be established in each of the Revenue District a
District Stone Crushers Regulation Committee consisting of the following, namely:-
(a) The Deputy Commissioner of the District Chairman
(b) Superintendent of Police of the District Member ex-officio
(c) CEO of Zilla Panchayath of the District Member ex-officio
(d) Deputy Conservator of Forest of the District Member ex-officio
(e) Environmental Officer of the District Member ex-officio
(f) Assistant Director of Fire Force of the District Member ex-officio
(g) Assistant Director of Factories and Boilers of the Member ex-officio
District
(h) Labour Officer in charge of the District Member ex-officio
(i) District Health Officer Member ex-officio
(j) Deputy Director / Senior Geologist, Department of Member-Secretary
Mines and Geology to be appointed by the Chairman
(2) The District Stone Crushers Regulation Committee shall assist the licensing authority and
shall be responsible for the supervision of the licensed premises. The license shall be issued by the
licensing authority after obtaining No Objection Certificate from the concerned departments including
the Karnataka State Pollution Control Board, the Forest and the Revenue departments and in
accordance with the rules as may be prescribed.
9. Inspection and regulation of the licensed Stone Crushers.- The Deputy Commissioner
or an officer authorized by the Deputy Commissioner shall inspect each stone crusher at least once a
year.
10. Cancellation of license.- The license issued under this Act may be cancelled suo-moto
for the reasons to be recorded in writing by the Licensing Authority or on considering any complaint
or application filed by any person to the effect that the license granted is not in accordance with the
provisions of this Act and rules or that the licensee has violated the conditions of license:
Provided that no order of canceling the license shall be made under this section without giving
an opportunity of being heard to the licensee or a person aggrieved by such cancellation.
11. Power to issue directions.- Subject to the provisions of this Act and to any directions
that the Central Government or State Government may give in this behalf, the Licensing Authority
may in the exercise of its powers and performance of its functions under this Act, issue any
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directions in writing to any person, officer or authority, and such person, officer or authority shall be
bound to comply with such directions.
Explanation.- The power to issue directions under this section shall include, the power to
direct,-
(a) the closure, prohibition or regulation of any stone crusher; or
(b) the stoppage or regulation of supply of electricity, water or any other service to the stone
crusher.
12. Victim Relief Fund.- (1) The Committee shall have and maintain a separate fund called
Victim Relief Fund, to which shall be credited all moneys received by it through licence fee, fines and
penalties levied by it, which shall be held, applied and disbursed in accordance with the provisions of
this Act, and rules made thereunder.
(2) The Chairman and the member secretary of the Committee shall operate the Victim Relief
Fund in accordance with the rules made under this Act.
(3) The Victim Relief Fund shall be kept in any of the Nationalised Bank in such manner as
may be prescribed.
(4) The Committee shall receive complaints or applications or claim from the victims on
account of the health hazard caused by the stone crushers within a period of three months from the
date the health hazard has occurred and consider such applications and determine the amount of
relief to be granted to each of the applicant within a period of three months from the date of receipt of
the application in accordance with the rules as may be prescribed:
Provided that the Committee may entertain such complaints or applications after the expiry of
three months if it is satisfied that the complainant or applicant had sufficient cause for not submitting
the complaint or application in time.
(5) The Committee may also direct the licence holder to pay such amount to such of the
victims as determined under sub-section (4) in addition to the amount paid by it, within a period of
two months from the date of the Order failing which the license shall be cancelled.
13. Accounts and Audit.- (1) The Accounts of all receipts and expenditure of the Victim
Relief Fund shall be kept in such manner and in such form as may be prescribed.
(2) The accounts of the Victim Relief Fund shall be subject to audit annually by the State
Accounts Department and the audit report shall be forwarded annually to the State Government.
14. Annual report.- The committee shall prepare for every year a report of its activities under
this Act and submit the same to the State Government in such form on or before such date as may
be prescribed and the State Government shall cause the same to be laid before each house of the
legislature.
15. Appeals against the orders of the Licensing Authority.- (1) The Regional
Commissioner of the concerned region shall be the Appellate Authority of respective jurisdiction to
whom appeals in respect of the orders passed by the licensing authority shall lie.
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(2) Every appeal shall be presented within thirty days from the date on which the order
appealed against was communicated to the person affected:
Provided that an appeal may be admitted after the said period of thirty days, if the appellant
show sufficient cause that the appeal could not be presented in time.
(3) Every appeal shall be in the form of memorandum setting forth concisely the grounds of
objection to the order and shall be accompanied by a copy of the order appealed against.
(4) The appeal shall be disposed off on hearing both sides within a period of three months.
16. Penalties.- (1) Whoever contravenes the conditions of license shall be punished with
imprisonment for a term which may extend to two years or with fine which may extend to twenty-five
thousand rupees or with both.
(2) Any rule made under any provision of this Act may provide that any contravention thereof
shall be punishable with imprisonment for a term which may extend to one year, or with fine which
may extend to five thousand rupees or with both and in the case of continuing contravention, with an
additional fine which may extend to five hundred rupees for every day during which such
contravention continues after conviction for the first such contravention.
17. Cognizance of offences.- (1) No court shall take cognizance of an offence punishable
under this Act or any rules made thereunder except upon complaint in writing made by a person
authorized in this behalf by the Licensing Authority.
(2) No court other than the Court of Judicial Magistrate first class shall try any offence
punishable under this Act.
18. Power to make rules.- (1) The State Government may, after previous publication by
notification, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act, shall be laid as soon as may be after it is made before
each House of the State Legislature while it is in session for a total period of thirty days which may be
comprised in one session or in two successive sessions, and if before the expiry of the session in
which it is so laid or the session immediately following both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be, so however that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that rule.
19. Removal of difficulties.- If any difficulty arises in giving effect to the provision of this Act,
the State Government may, by order published in the official Gazette as the occasion may require do
anything which appears to it be necessary to remove the difficulty.
20. Repeal and savings.- (1) The Karnataka Regulation of Stone Crushers Ordinance, 2011
(Karnataka Ordinance No.2 of 2011) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance
shall be deemed to have been done or taken under this Act.
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(2012g PlP CsAi AS: 8) be published in the official Gazette under clause (3) of Article 348 of
H.R.BHARDWAJ
GOVERNOR OF KARNATAKA
G.K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs and Legislation
(4) Empasis is given on arresting the pollution from the crushers by mandating safeguards to
protect the environment rather than prescribing distance only, as the basis of declaring
safer zone.
(5) The permission from the Karnataka State Pollution Control Board is made compulsory
before issue of license.
(6) Establishment of the District Stone Crushers licensing and regulation Authority to issue
license and regulate the business of stone crushing without delay.
Hence the Bill.
[L.A. Bill No. 24 of 2013, File No. Samvyashae 56 Shasana 2013]
[Entry 23 and 24 of List II of the Seventh Schedule to the Constitution of India.]
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certificate of compliance of safer zone to the applicant. If the area specified in the
declaration is not declared as safer zone the licensing authority shall reject the
application for the reasons to be recorded in writing and inform the applicant
accordingly. However, applicant is at liberty to make fresh application for alternate
location. provided further that if the application is rejected, the applicant shall stop
the operation of stone crusher forthwith and submit fresh application to the
licensing authority.
(5) If the Licensing Authority issues a certificate of compliance of safer zone, the
applicant shall approach the Karnataka State Pollution Control Board and obtain
Consent for Operation (CFO) and submit the same to the Licensing Authority.
(6) The Licensing Authority, after production of Consent for Operation (CFO) from the
Karnataka State Pollution Control Board by the applicant, shall issue license
subject to compliance of conditions specified in section 6A.
(7) If the person having existing stone crusher gets any other place certified as safer
zone by the Licensing Authority other than the presently working place, such
crusher shall be shifted to such safer zone so certified within one year from the
date of grant of certificate of compliance of safer zone under sub-section (4).
4. Amendment of section 4. - In section 4 of the Principal Act,-
(i) for sub-section (2), the following shall be substituted, namely:-
(2) on receipt of application for grant or renewal of license, the Licensing Authority shall
cause joint inspection of the location under sub-section (3) of section 6. After
declaration of safer zone, the licensing authority shall issue a certificate of consent
of safer zone to the applicant. If the area proposed in the application is not declared
as safer zone, the licensing authority shall reject the application for the reasons to be
recorded in writing and inform the applicant accordingly. However, applicant is at
liberty to make fresh application for alternate location.
(3) If the Licensing Authority issues a certificate of consent of safer zone, the applicant
shall approach The Karnataka State Pollution Control Board and obtain Consent for
Operation (CFO) and submit the same to the Licensing Authority.
5.Amendment of section 5.- In section 5 of the Principal Act, for the words "three years"
occurring in two places, the words "five years" shall be substituted.
6. Amendment of section 6.- For section 6 of the Principal Act, the following shall be
substituted, namely:-
6. Conditions for declaring Safer Zone.- The declaration of safer zone for stone crushers
under this Act, shall be subject to the following conditions, namely:-
(1) The safer zone shall not be located within,-
(a) Two hundred meter from the limits of the National Highways or State Highways;
(b) One hundred meter from the limits of major district roads or other roads;
(c) Five hundred meter from revenue village, temples, schools;
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(g) provide openings in the enclosures over Shafter motor driver conveyor belts etc.,
with rubber flaps (wherever possible) to prevent release of dust.
(h) provide effective dust suppression system comprising of spraying of fine water mist
through special nozzles shall be carried out over the dust generation sources to
suppress the dust cloud.
(i) make periodical cleaning of water spray nozzles to avoid choking.
(j) provide as an occupational safety, nose masks to all the workers.
(5) All stone crushing units shall provide adequate green belt comprising evergreen high
foliage type of trees like neem, tamarind, gold mohar, flame of the forest and any other
local varieties to restrict the spread of particulate matter.
7. Amendment to section 8.- For section 8 of the Principal Act, the following shall be
substituted, namely :-
"8. Establishment of the District Stone Crushers Licensing and Regulation Authority.-
(1)On and from the date of commencement of the Karnataka Regulation of Stone
Crushers (Amendment) Act, 2013 there shall be established in each of the revenue
District, the District Stone Crushers Licensing and Regulation Authority consisting of the
following members, namely:-
(a) The Deputy Commissioner of the District - Chairman
(b) The Superintendent of Police of the District -Member ex-officio
(c) The Chief Executive Officer of
Zilla Panchayat of the District Member ex-officio
(d) The Deputy Conservator of Forest of
the concerned jurisdiction - Member ex -officio
(e) All Assistant Commissioners of the District,
Revenue Department - Member ex- officio
(f) The Environmental officer,
Karnataka State Pollution Control Board Member ex-officio
(g) The Deputy Director/Senior Geologist,
Department of Mines and Geology Member Secretary
(2) The Member Secretary shall receive all the applications for grant of license and place
them before the Authority for decision.
(3) The procedure of transaction of business of the Authority shall be such as may be
prescribed."
8. Amendment of section 9.- For section 9 of the Principal Act, the following shall be
substituted, namely:-
9. Duties of the Authority.- (1) The Authority shall meet once in a month and meeting shall
be called by the member secretary. If for any reason it is necessary, the member secretary
may with the approval of the chairman, convene the meeting at any time. One third of the total
members shall form the quorum for the meetings.
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Provided that the order so passed shall be communicated to all parties concerned,
immediately."
10. Amendment of section 14.- For section 14 of the Principal Act, the following shall be
substituted, namely:-
"14. Annual Report.- The Authority shall draw proceedings of each meetings and shall
prepare a annual report of its activities under this Act and submit the same to the State Government
in such form as may be prescribed, within three months from the end of each financial year.
The above translation of the PlP Pr iq WlPU (PgU) AiAvt (wzr)
CAi, 2013 (2013g PlP CsAi AS: 64) be published in the Official Gazette under clause
H.R.BHARDWAJ
GOVERNOR OF KARNATAKA
S.B. GUNJIGAVI
Secretary to Government
Department of Parliamentary Affairs and Legislation