Section 43 in The Karnataka Minor Mineral Concession Rules, 1994
43. Check posts and checking of minerals in transit.
(1)The State Government may, by notification, direct the establishment of Check posts or erection of barriers or both at such place or places as it thinks fit with a view to prevent or check unauthorised transportation of minor minerals and evasion of royalty or commission of any other offence in respect of minor minerals;Provided that till such check posts are established or barriers are erected in any place or places, the State Government may, notify the check posts already established or barriers erected in such place or places under the Karnataka Sales tax Act, 1957 or the Karnataka Forest Rules 1964 to be the check posts or barriers for the purposes of these rules also.(2)Every driver or person in charge of a vehicle carrying minor mineral shall be in possession of a valid permit and waybill, sale or delivery note and FORM-39 issued by Commercial Taxes Department containing necessary particulars in respect of such minerals and shall produce the same before any authorised officer in charge of a check post or barrier.(3)Any officer authorised by the State Government in this behalf (herein after referred to as authorised officer) may check a vehicle carrying minor mineral at any place, and the owner or person in charge of the vehicle shall produce the permit and other documents such as waybill etc, as demanded by the authorised officer.(4)At every check post or barrier set up or notified under sub-rule (1) or at any other place, when so required by any authorised officer, the driver or any other person in charge of the vehicle canying minor mineral shall stop the same and keep the vehicle stationed so long as may reasonably be necessary, and allow the officer in charge of the check post or the barrier or, as the case may be, the authorised officer to examine and take measurements of the minor minerals in transit and inspect all records relating to the minerals in possession of such driver or other person. The driver or other person shall, if so required by the officer in charge of the check post or the barrier or the authorised officer, give his name and address and also that of the owner or the consignor and consignee. After checking the minerals and vehicle, the officer shall put his signature and rubber stamp on the permit so as to avoid any further checking at another check post.(5)If the driver or person in charge of the vehicle fails to produce a valid permit, the officer in charge of the check post or barrier may require the driver or the owner or person in charge of the vehicle to pay penalty equal to five times the amount of royalty payable as per SCHEDULE-2.(6)The Officer in charge of the check post or the barrier or the authorised officer may seize and confiscate any minor mineral which is under transit by a vehicle and as well as such vehicle if the owner or the driver or person in charge of the vehicle refuses to make payment as required under sub-rule(5).(7)The officer in charge of the check post or the barrier or the authorised officer shall give a receipt for having seized such minor mineral together with vehicle to the person from whose possession or control it is seized.(8)Whenever an order of confiscation in respect of minor mineral seized under sub-rule(6) is made the confiscating officer shall give an option to the owner or driver or person in charge of the vehicle to pay the amount as required under sub-rule (5) in lieu of such confiscation. In case of failure of the Driver, owner or person in charge of the vehicle to exercise such option, the confiscated material may be disposed of by the officer by auction sale;Provided that no such minor mineral confiscated under sub-rule(6), shall be disposed of by the confiscating officer before expiry of three days from the date of such confiscation and, till such time option shall remain with the owner or person in charge of the vehicle to carry the minor mineral after paying the penalty assessed.
