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40. Mining or quarrying near certain works etc.

  1. The Collector shall, in consultation with the irrigation Officer, by notification, specify the boundaries of an irrigation work.
  2. Notwithstanding anything contained in any other law for the time being in force, no person shall, without the written permission of the Irrigation Officer, conduct mining or quarrying operation using explosives within a radius of one kilometre of any bridge, dam, check dam or any other work, structure or construction, owned, controlled or maintained by the Government, a local authority or any other authority.
  3. Any person aggrieved by the refusal of permission under sub-section (2) may, within thirty days from the dale of receipt by him of the communication of such refusal, file an appeal lo the Collector and the Collector shall decide the appeal within sixty days from the date of receipt of the appeal and his decision thereon shall be final:

Provided that an appeal filed after the expiry of thirty days may be admitted by the Collector if he is satisfied that the appellant had sufficient cause for not filing the appeal in time.