Section 68(1) in Orissa Minor Minerals Concession Rules, 2004
(1)(i)Whenever any person is found extracting or transporting any minor mineral or on whose behalf such extraction or transportation is being made otherwise than in accordance with these rules, shall be presumed to be a party to the illegal extraction or removal of such minor minerals and every such person shall be punishable with simple imprisonment for a term which may extend to two years or with fine which may extend to Rs.25,000/-(Rupees twenty five thousand only) or with both and in case of a continuing contravention, with an additional fine which may extend to rupees five hundred only for every day during which such contravention continues after conviction for the first such contravention.(ii)The Collector/Sub-Collector/Tahasildar/Director/Joint Director/Deputy Director/Mining Officer/Assistant Mining Officer/Senior Inspector of Mines/ Divisional Forest Officer/Assistant Conservator of Forest/Range Officer or police officer not below the rank of Sub-Inspector of Police may seize the minor minerals and its products together with all tools, equipments and vehicles used in committing such offence within their respective jurisdiction.(iii)No Court shall take cognizance of any offence punishable under these rules except upon complaint in writing made by such officer/authority mentioned under Clause (ii) of Sub-rule (1) above having jurisdiction.(iv)Where the offender agrees in writing to compound the offence punishable under these rules, the Tahasildar, Deputy Director/Mining Officer or Divisional Forest Officer within their respective jurisdiction shall either before or after filing the complaint, compound the offence on payment of such sum as determined by the above mentioned authority not exceeding the maximum amount of fine prescribed under these rules and value of the mineral and other properties seized. On payment of such fine and value, the seized mineral and properties shall be released forthwith:Provided that the accused shall be liable to furnish an undertaking/ bond to the effect that he shall not commit such offence in future:Provided further that in case the offender fails to pay the value of mineral, and any other property such properties shall be confiscated to Government and disposed of through public auction.(v)Where an offence under these rules is compounded no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded and the offender, if in custody, shall be released forthwith.(vi)If no person claims the mineral and other property if any, so seized within a period of thirty days, the authority competent to compound the offence may confiscate the same to the State and dispose of the same through public auction.
