Section 80 in Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015
80. Establishment of check posts and barriers for weighment and inspection of mineral in transits.
(1)If the Government considers it necessary to do so with a view to check the transport and storage of minerals raised without lawful authority, it may direct, the setting up of check post or erection of barriers or both at any place or places within the State by notifying in the Official Gazette.(2)Any authorized officer may check any vehicle carrying mineral at any place and the person in-charge of the carrier shall furnish a valid transit pass on Form-`W' or Supplementary Form-`X' as the case may be and other particulars such as bill or receipt or delivery note on demand by that Officer.(3)At every check post or barrier or at any other place when so required by the Officer in-charge of the check-post or the barrier or any other authorized Officer, the person in-charge of the carrier shall stop the same for examination of the mineral in transit and also inspect all records and documents relating to minerals. The person in-charge of the carrier shall, if so required by the officer in-charge of the check-post or the barrier or any other authorized officer, furnish his name and address and also that of the owner of the carrier and the name and address of both consignor and the consignee. After checking the mineral and carrier, the officer in-charge of the check post or the barrier or any other authorized officer as aforesaid shall put his signature on the transit pass.(4)The Officer-in-charge of the check post or the barrier or authorized Officer shall have the power to seize the mineral alongwith the carrier in transit, if the dispatch is not in conformity with Transit pass.(5)Every Officer who initiates action for seizure of carrier or mineral or both as the case may be, under these rules shall prepare a list so seized and deliver a copy thereof signed by him to the person found in possession. He shall keep such property under his custody with proper official seal and with detailed information in Form-`Z'.(6)The Officer-in-charge of the check post or the barrier or authorized officer, as the case may be, may direct the person in-charge of the carrier to carry the mineral to the nearest police station or check post or barrier of the concerned Department:Provided that if the person in-charge refuses to carry the mineral and the carrier to the nearest police station or check post or barrier of the department, the officer in-charge or any other Authorized Officer under the sub-rule(4) may seize the carrier and take the same in his possession.(7)Whenever a carrier together with the mineral is seized under these rules, by an authorized officer, such officer shall give an option to the owner or incharge of the carrier for compounding the offence as provided under these rules in lieu of such seizure. In case of failure of owner or person in-charge of the carrier to exercise such option legal action shall be initiated against him by the Officer authorized in this behalf.
