Section 12(6) in The Orissa Minerals (Prevention of theft, Smuggling & Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007
(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.
