Section 12 in The Orissa Minerals (Prevention of theft, Smuggling & Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007
12. Seizure and Confiscation.
(1)The Competent Authority or any other officer specially authorized in this behalf by the Government shall seize under Sub-section (4) of Section 21 of the Act, any mineral(s) raised, transported, or caused to be raised or transported, stored, sold supplied, distributed, delivered for sale or processed without any lawful authority and also the tool(s), equipment(s), vehicle(s), or any other thing(s) used for the said purpose.(2)After seizing any property under Sub-rule (1), he shall keep such property under his custody with proper official seal and with detailed information in Form-N indicating that the same has been seized by him and shall, except where the offender agrees in writing to get the offence compounded, either produce the same before the Competent Authority having jurisdiction or make a report of such seizure to the court competent to take cognizance of the offence and the Court will try the offence on account of which the seizure has been made.(3)Upon receipt of any report under Sub-rule (2), the court shall, except where the offence has been compounded, take such measures, as may be necessary, for arrest and trial of the offender and disposal of the property according to law.(4)The minerals, which are the property of Government and in respect of which an offence has been committed, shall be liable for confiscation including all tools machineries and vehicle by an order of the Court or Competent Authority.(5)When the trial of any offence is concluded, the mineral(s) in respect of which such offence(s) have been committed shall, if it is the property of Government or have been confiscated, be taken to charge of by the Competent Authority, and in any other case may be disposed of in such manner as the court or the Competent Authority, may direct.(6)Where the Competent Authority is of the opinion that an offence was committed in respect of any mineral and the offender is not known or cannot be found, he may take possession and confiscate the mineral(s), tool(s), machinery(s) and shall dispose of the same through public auction or in such manner as the Government may decide:Provided that before making any such order, the Competent Authority shall cause a notice to be served upon any person, who, he has the reason to believe, is interested in the mineral property seized or shall publish such notice in such manner as deemed fit:Provided further that no such order shall be made until the expiration of one month from the date of seizure or without hearing the person, if any, claiming any right thereto and the evidence, if any, which he may produce in support of his claim. In the event of the claim for the mineral property, the Competent Authority shall refer the matter to the court of jurisdiction and dispose of accordingly.(7)Any person claiming to be interested in the seized property may, within one month from the date of the order passed under Sub-rules (3), (4), (5), and (6), prefer an appeal to the Court to which orders so made are appealable and order passed on such appeal shall be final.(8)When an order for confiscation of any property has been passed under Sub-rules (4) or (6), as the case may be and the period limited by Sub-rule (7) for filing an appeal from such order has elapsed and no such appeal has been preferred or when, on such an appeal being preferred, the appellate court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the Government free from all encumbrances.
