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1| Page PREVENTION OF THEFT AND ILLEGAL LIFTING OF MINOR MINERALS. PROJECT REPORT PREPARED AND SUBMITTED BY:- ER.ABHILIPSA DASH ADDL. TAHASILDAR, DARPAN. (ORS PROBATIONER - 16 TH BATCH, ROLL NO. – 01)

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Page 1: PREVENTION OF THEFT AND ILLEGAL LIFTING OF MINOR … Report_16th... · Odisha Minor Mineral Concession Rules, 2004 was amended as OMMC (Amendment) Rules, 2014, w.e.f 16.9.2014. Again

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PREVENTION OF THEFT AND ILLEGAL

LIFTING OF MINOR MINERALS.

PROJECT REPORT PREPARED AND SUBMITTED BY:-

ER.ABHILIPSA DASH

ADDL. TAHASILDAR, DARPAN.

(ORS PROBATIONER - 16TH BATCH, ROLL NO. – 01)

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ACKNOWLEDGEMENT

“It is not possible to prepare a project report without the guidance

and encouragement of mentors. This one is certainly no

exception.”

At the very outset of this report, I am ineffably indebted to

Dr.Chandra Shekhar Kumar, IAS, Principal Secretary, R&DM

Deptt., Govt. of Odisha, for his encouragement and conscientious

guidance which motivated me to gain insight on the topic.

I would like to extend my sincere and heartfelt obligation to

Sri.Abhaya Kumar Nayak, Joint Secretary to Govt.& R&DM Deptt.

and Sri.Saroj Kumar Sahoo,Sub Collector, Khordha. They are the

elite faculty members who introduced me to the intricacies of all

the acts and rules related to minor minerals during my Induction

training programme.

I owe a deep sense of gratitude to the revered Director, ROTI and

respected Dy.Director, ROTI for their inspiration and enthusiasm

for the project.

I thank profusely all the staffs of ROTI for their co-operation

throughout my study period.

Last but not the least, any omission in this brief acknowledgement

does not mean lack of gratitude.

Thanking you.

Abhilipsa Dash

Trainee Officer

ORS 16th Batch

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CONTENTS

SL.NO. TOPIC PAGE NO.1 INTRODUCTION 4

2 THEFT AND ILLEGAL

LIFTING OF MINOR

MINERALS : AN OVERVIEW

5

3 ODISHA MINOR MINERALS

CONCESSION RULES, 2004

AS AMENDED UPTO 2014

7

4 ODISHA MINOR MINERALS

CONCESSION RULES,2016

9

5 CASE STUDY 13

6 SUGGESTIONS TO PREVENT

THEFT AND ILLEGAL

LIFTING OF MINOR

MINERALS

14

7 CONCLUSION 19

8 REFERENCES 20

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“The more we exploit nature, the more our options are

reduced, until we have only one: to fight for survival.”

1. Introduction :-

The term ‘mineral’ includes all such bodies of mineral substances lying togetherin seams, beds or strata as are commonly worked for profit and have a valueindependent of the surface of the land, whether extracted from a Mine or aQuarry or even occurring as an out crop. Minor minerals have been defined

under section3(e) of Mines and Minerals (Regulation and development)Act,1957.The Minor Minerals includes:

Ordinary clay, silt, sand, Rohnert, Brick, Brick Earth and Moorum.

Sand stones, Laterite slabs, Shales, Quartet and Slate.

Marble blocks and slates and chips.

Road metals including ballast and ordinary boulders.

Stones used for household purposes.

Chalcedony shingles, grounds and pebbles of all types.

All types of rocks used for decorative purposes.

Lime shell and Lime konker.

Quarrying operation –

It is undertaken for the purpose of mining any minor mineral and shall include

erection of machinery, lying of tram ways, construction of roads and other

preliminary operations for the purpose of quarrying.

Restriction on quarry operation –

No quarry lease shall be granted -

To any person who is not an Indian citizen;

In area included in Rakhita and Sarba sadharana khata;

In area reserved for communal purposes;

Areas involving historical, cultural, archaeological and scientific

importance;

The lease shall not carry on or allow to be carriedon any quarry

operation at any point with a distance of –

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(i) 100meters from any railway line(except with the written permission

of the Railway authorities), National Highway, State highway or any

reservoir.

(ii) within a distance of 50meters from any tank, canal, road (other than

NH or State Highway) or other public works or building or inhabited sites

except under and in accordance with the previous permission of the

Collector.

2. Theft & illegal lifting of minor minerals: an

overview :-

Illegal mining may be defined as mining operations undertaken in

violation of the relevant provisions of the laws governing mining in the

country. Some of the typical forms in which illegal mining/lifting/theft occurs

are the following:-

Mining may take place in an area for which no mining license has been

obtained by a party. Mining takes place in leaseholds for which surface

right has not been granted.

Mining operations are being carried on without conforming to the

approved mining plan/environmental management plan.

Lifting of minerals and their dispatch are in quantities in excess of those

approved in the mining plan and/or environmental clearance.

Illegal lifting of minor minerals take place in forest land for which no

forest clearance has been obtained.

The areas vulnerable to illegal mining/lifting/theft are the following:-

Virgin areas often reserved for public sector enterprises and/or

private companies who intend to set up processing industries;

Areas for which intention to grant lease has been communicated but

lease not granted for a long time;

Areas for which lease has been granted but execution is pending for

long;

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Areas held under prospecting license but the party’s application for

mining lease is pending for long;

Ceased areas where no mining activity has taken place for a long

time; Surrendered areas lying vacant;

Areas which have been thrown open for grant of mining lease but

applications are pending for long;

Abnormal delay in the disposal of applications for mining lease,

renewal of lease, forest and environmental clearance.

Thus, a combination of procedural delays and administrative

inefficiency against the background of rising prices of minerals (since

2004) has led to a sudden spurt in illegal lifting of minerals. This is

further aggravated by a poor law and order situation and ineffective

police administration in the mining areas, lack of vigilance and action by

the forest department officials, poor infrastructure and inspection

facilities such as non-functioning government weighbridges and

inadequate supervision of private weighbridges, as well as absence of

adequate authority of the inspecting staff in the field agencies of the

State Revenue Department. Absence of coordinated action among the

multifarious agencies responsible for regulation of various aspects of

minor minerals, is also a major factor responsible for this unfortunate

situation. Finally, there is political interference and overpowering

presence of corruption to which the mining sector is particularly

susceptible in view of the huge sums of money involved in the

extraction and trading of minerals. The Central Government and the

concerned State Governments as well as the Courts have often

expressed concern about illegal lifting of minor minerals/theft in various

mineral rich states but the governmental action to prevent and at least

control this menace has so far not been adequate or effective.

Environmental issues involved –

The environmental problems associated with illegal lifting of minor

minerals/theft relate to:-

destruction of land and forests,

soil erosion,

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contamination of surface as well as ground water and air from

toxic wastes and particulates.

loss of biodiversity and ecological imbalance,

accidental death of human beings and animals by falling into the

deep pits made for lifting of laterite slabs,

change in course of river water due to excessive lifting of sand.

3. Odisha Minor Minerals Concession Rules 2004, as

amended up to 2015

Environment Impact Assessment (EIA) –

i) The EIA Notification, 2006 mandates prior Environmental Clearance(EC) fornew projects or activities including expansion or modernization of existingprojects listed in its Schedule.

ii) The category A projects shall obtain Environmental Clearance from theCentral Government (MoEF) and

iii) category B projects from the concerned State Level Environment ImpactAssessment Authority (SEIAA).

iv) The EIA Notification also prescribes that Category B projects will be furthercategorized as Category B1 and B2.

v) The category B1 projects will require EIA Report for appraisal and to undergopublic consultation process(as applicable).

vi) The Category B2 projects will be appraised based on the application in form-1 accompanied with pre-feasibility report and mining plan.

Mode of Settlement of sources –

Office Memorandum of Government of India,Ministry of Environment andForests, No.J-13012/12/2013-IA-II(I) dated 24.12.2013 and

OMNoL-11011/47/2011IA.II(M) dated 24.06.2013 clarifies that theactivities of borrowing/excavation of brick earth and ordinary earth uptoan area less than 5ha may be categorized as B2 Category, if the activityassociated with borrowing/excavation for the purpose of brickmanufacturing, construction of roads and embankments etc. shall notinvolve blasting and other conditions.

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The Brick earth/ordinary earth mining projects with mining lease area morethan 5ha but less than 25ha and all other minor minerals with mining leasearea of less than 25ha,except river sand projects will be appraised asCategory B2 projects.

In case the mining lease area is likely to result in a cluster situation, i.e ifthe periphery of one lease area is less than 500mtr from the periphery ofanother lease area and the total lease area equals to or exceeds 25ha, theactivity shall become Category B1 Project under the EIA Notification 2006.

In such cases, mining operation in any of the mine lease areas in the clusterwill be allowed only if the environmental clearance has been obtained inrespect of the cluster.

No river sand mining project with mine lease area less than 5ha,may beconsidered for granting of EC.

The rivers and mining projects with mining lease area equal to or more than5ha but less than 25ha will be categorized as B2.

In case the mining lease area is likely to result in a cluster situation , i.e ifthe periphery of one lease area is less than 1KM from the periphery ofanother lease area and the total lease area equals to or exceeds 25ha,theactivity shall become Category B1 Project under the EIA Notification 2006.

In such cases, mining operation in any of the mine lease areas in the clusterwill be allowed only if the environmental clearance has been obtained inrespect of the cluster.

Odisha Minor Mineral Concession Rules, 2004 was amended as OMMC(Amendment) Rules, 2014, w.e.f 16.9.2014. Again the same was amended on10.07.2015.

Main provisions of the Rules :-

Chapter for Public Auction deleted.

Rule 27-Now no quarry lease shall be granted for a period less than 5years on such terms and conditions as may be specified by CompetentAuthority.

Mining plan as pre-requisite to the grant of quarry lease.

Competent Authority specified in Schedule-IV.

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The Schedules :-

Schedule-I-rate for Surface rent and dead rent.

Schedule-II-Rate of royalty.

Schedule-III-mineral wise Controlling Authority.

Schedule-IV-Jurisdiction and competent authority.

Procedure for lease application -

Notice inviting application for auction by Competent Authorityspecifying -

i)minimum guaranteed quantity of the minor minerals to be extracted in a yearby the applicant ;ii)minimum amount of additional charge payable for the same;iii)cost of preparing and obtaining EC;iv)Publish two daily newspapers, one local and other state level;

v)At least 15 days prior notice for application.

Environment Management Fund :-

5% of the royalty to the fund at State level.

The fund shall be utilsedfor restoration, repair common facilities forcommunities etc by District Mineral Foundation.

** Sources, given on lease prior to commencement of OMMC (Amendment)Rules 2014 for certain period, the mining plan and EC shall be considered to begiven for that period.

4. ODISHA MINOR MINERAL CONCESSION RULES, 2016

OMMC Rules, 2016 have been framed in a full fledged shape afterincorporating all amendments.

Rate of royalty has been revised. Came into force w.e.f. 14.12.2016 Operationalisation of minor minerals in the state is being taken up as per

the provisions of OMMC Rules, 2016.

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SCHEDULE-I , Rule 25(2) and 32(2)

SURFACE RENT:- Rs 360.00

DEAD RENT:-

• Boulder, metals, laterite, etc:- Rs 18,000/-

• Ordinary clay, sand, moorum, etc:- Rs 10,500/-

N.B.

a. For every year for all the areas included in the lease deed.

b. No revision shall be made before expiry of three years from the datewhen the rates were last fixed.

SCHEDULE-II , Rule 25(5) and 32(2)

ROYALTY:-

Ordinary sand:- Rs 35/- per cubic meter.

Ordinary boulders used for road and civil construction :- Rs 130/-

Laterite:- 25 % of average sale price.

SCHEDULE-III , Rule 2(g)

MINERALS CONTROLLING AUTHORITY

1. (i)Specified minor minerals Govt in Steel and Mines Dept.

(ii)Boulder,sand,laterite,earth, clay, moorum etc

(a) In non forest land Collector

(b) In Forest land PCCF, Odisha

2. Minor mineral other than those specified in item(i)above

Director

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SCHEDULE-IV , Rule 2(f), 48

JURISDICTION POWERS TOBE EXERCISED

COMPETENTAUTHORITY

DEPARTMENT

MINORMINERAL OTHERTHAN SPECIFIEDMINORMINERALS

(A) FORQUARRYLEASE

Whenoccurringwithin villageboundary

TAHASILDAR REVENUE

Whenoccurringwithin forestarea

DFO FOREST AND ENVIRONMENT DEPT.

(B) FORQUARRYPERMIT

DD MINES/MININGOFFICER OFRESPECTIVEJURISDICTION

STEEL AND MINES

Some of the important provisions are as follows:-

GRANT OF QUARRY LEASE ( Rule 27 to 33)

RULE :-27(1) NOTIFICATION

1. Area of quarry lease shall be delineated.

2. Notification inviting application for grant of quarry lease throughauction:-

• In two newspaper ( at least one – state level and other having widepublicity in the area )

• Shall be published at least 15 days before the intended date of invitingapplication.

• Date and time within which application to be received shall bementioned.

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RULE:- 27(2)

1. Shall be issued by the Competent Authority (Schedule- IV)Rule2(f).

2. Shall specify the MGQ to be extracted in a year,

Minimum addl charges payable for the same.

RULE:- 27(3)

Cost of obtaining mining plan and EC by Competent Authority shall be

recoverable from the bidder which is to be mentioned in the notice.

RULE:- 27(4)

DOCUMENTS TO BE FURNISHED:-

i)Form no- M (in triplicate)

ii)Application fee:- Rs 1000/- ( Non refundable, Treasury challan)

iii)Affidavit stating that no mining due is outstanding against the applicant.

iv)Payment of earnest money:- 5% of MGQ + minimum Addl charges to beextracted in one full year.

v)Solvency Certificate or Bank guarantee ( valid for 18 months):- not < addlcharges offered + royalty of MGQ for one year.

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5.CASE STUDY- How a Village in Maharashtra is

Showing the Way to Fight Illegal Sand Mining

Residents of Panegoan village in the Nevasa taluka of Ahmednagar district inMaharashtra have been taking on the government and illegal sand minerswithout a formal organisation or leadership.Panegoan is located on the right bank of the river Mula while Manjari village inRahuri taluka is situated on the left bank. Panegoan must be perhaps amongthe very few villages on the banks of a river, in Maharashtra or in India, thathas preserved its sand so abundantly (see photograph). This means that a sandtrack of between 20km and 21 km in length, 100 metres in width and about 80feet to 100 feet depth, has been preserved in the village.

The villagers are fighting to preserve the ecosystem by not only preventinggovernmental agencies from auctioning off the sand but also deterring illegalsand miners from pillaging the riverbed. Agriculture is a vital source of incomefor the Panegoan villagers.

Sand plays a vital role in retaining the water-holding capacity of river and sandmining thus is a threat to the ecosystem as it not only disturbs the river flowbut also affects the groundwater level. The role of the river Mula and its sandas aquifer is vital for agriculture-dependent villages like Panegoan, and hasunited the people of Panegoan and led them towards collective action,through which they have succeeded in protecting the riverbed from sandlooters. As a result, the whole ecosystem of the village is being preserved as ofnow.

In 1997, the then circle officer announced an auction of the sand in Panegoanwhich was awarded to a contractor for Rs 10 lakh. However, realising andwitnessing the perils faced by the neighbouring villages, which had allowedsand mining, the villagers of Panegoan decided not to allow extraction of sandfrom the riverbed. They immediately passed a resolution in thevillage gramsabha, banning any kind of sand extraction from the river. Theyalso moved the Aurangabad bench of the Mumbai High Court. They are alsoseeking a permanent ban on sand auctioning in the village (Gudadhe; PersonalInterview: 10 October 2016).

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The Panegoan villagers even blocked the tractors that were being used totransport sand (Jangale; Personal Interview: 19 November 2016) as also sometempos and dumper trucks. Word spread in the region that Panegoan doesnot allow sand mining and this began to deter the sand mafia members fromdredging sand from the riverbed there. Only Panegoan residents are allowedto lift sand from the riverbed but with the condition that it must be doneonly in bullock carts and it should not be hoarded. Tractors and dumpertrucks are not permitted to carry sand from the riverbed.The uniqueness of the Panegoan’s movement is that it was spontaneous buthas sustained itself for the last 19 years, without any external aid or support.People are contributing money for the pursuit of legal matter according totheir financial capacity.

The Panegoan movement has also shown the way for other villages located onthe banks of a river. Many villages have also passed resolutions at gramsabhas,preventing sand mining in any part of the river going through their villages.This ripple effect of the Panegoan movement is being felt in adjoining villageson the riverbanks of Mula and Pravara in the Ahmednagar district (DainikLoksatta; Ahmednagar: 22 November 2016). More than 12 villages have movedto court seeking ban on legal sand extraction and through vigilance they arepreventing illegal sand looting.

Villagers are using democratic and legal tools to protect rivers and riverbedfrom environmental poachers. A deep sense is prevalent among villagers thathealth of river is interlinked with the health of their agrarian economy.

6. SUGGESTIONS TO PREVENT THEFT AND ILLEGAL LIFTING

OF MINOR MINERALS

ALL TIME TRACKING DEVICE –All commercial vehicles like trucks, tractors, Auto-rickshaws, etc. shouldbe mandatorily installed with Global Positioning System(GPS) devicewhich should be integrated with a central database server of StateTransport Department. A coordinated functioning of Transport andRevenue Department will help the Revenue Department officials to trackthe route of the vehicle carrying minor mineral and make it impossible

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for the illegal transporters of minor minerals to escape, thereby,preventing resource loss as well as revenue loss.

FINDING ALTERNATIVES OF MINOR MINERALS-The demand for SAND as a building material has now increased manifolddue to the ever increasing growth of construction industry and majorinfrastructure projects all over the country. River sand is becoming veryscarce and sand mining from rivers has become objectionably excessive.It has now reached a stage where it is killing all our rivers day by day sosand mining has to be discouraged by the engineers for all type ofconstruction. There are a number of alternative materials available forreplacement of river sand. Some alternatives to sand are:

Fly ash/ Bottom ash/ Pond ash

Three types of ash are produced by the thermal plants namely Fly Ash,Bottom Ash and Pond Ash. Fly Ash is collected by mechanical orelectrostatic precipitators from the flue gases of power plants, whereas,bottom ash is collected from the bottom of boilers. Pond ash is the by-product of thermal plants, which is considered as a waste material andits disposal is a major problem from an environmental point of view andalso it requires a lot of disposal area. Further, when two types of ash, Flyash and bottom ash are mixed together and transported in the form ofslurry and stored in a lagoon, the deposit is called Pond ash. The ash canis used as an alternative to river sand. It has many advantages also likei. The strength of concrete increases with respect to percentage of slag

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added by weight to fine aggregate up toii. 40% of additioniii. The recommended % replacement of sand by copper slag is 40%iv. The addition of slag in concrete does not have any environmentalproblem.

Manufactured Sand

Manufactured sand popularly known by several manes such as Crushedsand, Rock sand, Green Sand, Robo Sand, Poabs Sand, Barmac Sand,Pozzolan sand etc. IS383-1970(reaffirmed 2007) recognizesmanufactured sand as “Crushed stone Sand” under clause 2 of the code.Crushed stone sand is produced by Rock-on-rock, or Rock-on-metalVertical Shaft Impactor (VSI). This type of sand is not a new concept butthe attempts to produce crushed or manufactured sand in India could betraced to early 50’s primarily in major dams’ works. This M-sand is usedfor very limited purposes and the engineers have not advocated for thesand.

Parameters M Sand River Sand

Process Manufactured in factory. Naturally available on river banks.

Shape

Angular and has roughertexture. Angular aggregatesdemands more water. Waterdemand can be compensatedwith cement content.

Smoother texture with better shape.Demands less water.

MoistureContent

Moisture is available only inwater washed M Sand.

Moisture is trapped in between theparticles which is good for concrete

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Parameters M Sand River Sand

purposes.

ConcreteStrength

Higher concrete strengthcompared to river sand used forconcreting.

Lesser concrete concrete compared to MSand

Silt Content Zero silt

Minimum permissible silt content is 3%.Anything more than 3% is harmful to theconcrete durability. We can expect 5 - 20%slit content in medium quality river sand.

Over SizedMaterials

0%. Since it is artificiallymanufactured.

1 - 6% of minimum over sized materialscan be expected. Like pebble stones.

MarineProducts

0% 1 - 2% like sea shells, tree barks etc

Eco Friendly

Though M Sand uses naturalcoarse aggregates to form, itcauses less damage toenvironment as compared toriver sand.

Harmful to environment. Eco imbalances,reduce ground water level and rivers watergets dried up.

PriceM Sand price ranges fromRs.35 - Rs.45 per cubic feet inBangalore.

River sand price ranges from Rs 60 - 80per cubic feet in Bangalore.

AdulterationProbability of adulteration isless.

High probability of adulteration sincefiltered sand (a type of pre-washed sandwhich contains high silt contents) aremixed together. As a rule, supply shortagealways brings adulterer products to themarket.

ApplicationsHighly recommended for RCCpurposes and brick/ blockworks.

Recommended for RCC, plastering andbrick/ block work.

QualityBetter quality control sincemanufactured in a controlledenvironment.

No control over quality since it is naturallyoccurring. Same river bed sand can havedifferences in silt contents.

Particlepassing 75micron

Up to 15% (IS: 383 - 1970) Up to 3% (IS:383 - 1970)

It is to be noted here that since sand is the most rampantly liftedminor mineral, so, we have discussed in detail regarding it’s alternatives.However, researchers and technical experts should be encouraged tofind similar alternatives for other minor minerals too so as to curb thetheft of the valuable natural minor mineral resources.

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USING DRONES TO HAVE 24X7 WATCH ON ILLEGAL LIFTERS OF MINORMINERALS –

Drones should be made operational in all minor mineral rich areas whichshould be fitted with sensors and should be enabled with automessaging system. As soon as a vehicle enters the demarcated minormineral area, it should send automatic messages to the Tahasildar andIIC of the local police station, so, that round the clock surveillance can bepossible in this manner.

PROTECTION OF MINOR MINERAL AREA AND INVOLVEMENT OF LOCALPEOPLE IN PROTECTION OF RESOURCES –

The laterite stone belts are though vast but can be protected like anygovernment land by barbed fencing and enabling functional drones. Asmentioned in the case study, the local village people should be involvedin the protection of the minor mineral resources and Administrationshould work in tandem with them so as to succeed in this mission.

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7. CONCLUSION –

Sustainable development is the need of the hour. Being a part of the DistrictAdministration, it is the responsibility of the Revenue Officers to createawareness among the people how illegal lifting of minor minerals is a termitethat eats up the natural resources, state revenue as well as disturbs theecological balance and biodiversity. This is a battle which cannot be foughtalone but together we can and we will make this earth a better place to live in.

“Nature provides enough to satisfy every man’s need but

not every man’s greed.”

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8. REFERENCES –

1) www.revenueodisha.gov.in

2)www.epw.in

3)www.materialtree.com

4)www.google.com