Cases in which there shall be right to carry earth stones, etc., from river, stream or bed of tank.

There shall be the right in the following cases, without obtaining the permission and without payment of tax to carry from a river, stream or bed of a tank and also from land which has not been assessed or not set apart for any special purpose, earth, stone, gravel, sand, morrum in as much as has not been reserved by any order of the Government:- (a) for any person for his private purpose in the village of residence and for agricultural need in the village where he has residence or cultivation; (b) for a potter or brick-maker or tile-maker or for the person who makes use of any of the aforesaid articles in his professional work at the place where he carries on the work of his profession but where trade in any of these articles is carried on a big scale at any place and on account of digging of earth therefor, there is risk of destruction and of becoming useless of any building or cultivation or arising of difficulties in the ordinary requirements of villagers or endangering public health, the Tahsildar shall for that purpose select and assign some plots and notify, the same and no person among them shall be authorized to dig earth at any place other than the said plots; (c) the aforesaid articles may, with the permission of Collector also be taken for Government purposes of the Public Works Department, Local Administration or other departments or for purposes of public benefit, from the land on which revenue has been fixed but is not held by any person and is not set apart for any special purpose. Explanation:- Digging within five yards close to a building shall not be lawful.