KARNATAKA ORDINANCE NO. 02 OF 2011 THE KARNATAKA REGULATION OF STONE CRUSHERS ORDINANCE, 2011 Arrangement of Sections

ordinances · 2011 · Karnataka

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Parent: The KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 (ccdc47153fe82d750858ef344adbc6d6a1ec7401)

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KARNATAKA ORDINANCE NO. 02 OF 2011 THE KARNATAKA REGULATION OF STONE CRUSHERS ORDINANCE, 2011 Arrangement of Sections Sections: Short title and commencement Definitions Stone crushers to obtain license Application for license Term of license Conditions for grant of license License for stone crushers for Government projects Establishment of District Stone Crushers Regulation Committee Inspection and regulation of the licensed Stone Crushers Cancellation of license Power to issue directions Annual report Penalties Cognizance of offences Power to make rules Removal of difficulties --- KARNATAKA ORDINANCE NO. 02 OF 2011 THE KARNATAKA REGULATION OF STONE CRUSHERS ORDINANCE, 2011 (Promulgated by the Governor of Karnataka in the Sixty Second year of the Republic of India and First published in the Karnataka Gazette Extra-ordinary on the Seventh day of September 2011) An Ordinance to provide for the regulation of Stone Crushers in the State of Karnataka. Whereas the Hon'ble 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 relating to the crushing of stones by prescribing reasonable conditions including guidelines and licenses and their periodical renewals. Whereas both houses of the State Legislature are not in session and on account of the direction of the Hon'ble High Court of Karnataka and Supreme Court, the Governor of Karnataka is satisfied that circumstances exist which render it necessary for him to take immediate action to provide for regulation of Stone Crushers in the State of Karnataka and for matters connected therewith and incidental thereto. Now, therefore in exercise of the powers conferred by clause (1) of Article 213 of the constit

Rule TOC

1 · Short title and commencement.- (1) This Ordinance may be called the Karnataka Regulation of Stone Crushers Ordinance, 2011.

2 · Definitions.- (1) In this Ordinance, unless there is anything repugnant in the subject or context,-

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 Ordinance.

4 · Application for license.-(1)Every application for grant or renewal of license to carry on the business of stone crushing under this Ordinance shall be made to the licensing authority in such form, accompanied by such documents and such fees as may be prescribed.

5 · Term of license.- A license shall be valid for a period of one year and may be renewed for a further period from time to time subject to fulfilment of the conditions laid down under this Ordinance or the rules made thereunder.

6 · Conditions for grant of license.- License shall be granted under this Ordinance subject to the following conditions, namely:-

7 · License for stone crushers for Government projects.- Notwithstanding anything contained in this Ordinance, license for temporary stone crushers exclusively for construction of National Highway, State Highway or any other infra-structural Government project and Government approved 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 Ordinance, there shall be established in each of the Revenue District a District Stone Crushers Regulation Committee consisting of the following, namely:-

12 · Victim Relief Fund.- (1) The Committee shall have and maintain a separate fund called Victim Relief Funds, 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 Ordinance, and rules made thereunder.

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.

14 · Annual report.- The committee shall prepare for every year a report of its activities under this Ordinance 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.