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State of Telangana - Section

Section 13 in Telangana State Sand Mining Rules, 2015

13. Offences.

- [Any vehicle found transporting sand without valid transit pass issued by the Asst. Director of Mines & Geology concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattadar for de-casting sand from pattaland will be deemed illegal and in contravention of these rules. The definition of transit form and transit pass is as described below:
S.No. Typeof Documentary Evidence Purpose Rule
1 Transitform Sourceto Destination in respect of de-casting in pattaland Form-S3(Rule 7(4) of TSSMR, 2015)
2 Transitpass Stockyardto Destination in respect of TSMDC Form-E(Rule 6 of APMDR, 2000)
(1)Any vehicle transporting sand alongwith transit pass issued by the Asst. Director of Mines & Geology concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattadar, if found, carrying sand in excess of the quantity specified in the transit pass / transit form OR in excess of quantity permitted by the Transport Dept., such excess quantity shall be imposed a fine @ Rs.2000/- per MT. [After collection of penalty on the excess quantity, the vehicle shall be referred to Transport and Commercial Tax Department for taking necessary action.]
(2)Any vehicle/machinery, if found, involved in illegal extraction and transportation of sand in contravention of these rules shall be levied penalty for such each vehicle/machinery as detailed below:
Vehicle Type First time (In Rs.) Second time (In Rs.)
Tractor 5,000/- 15,000/-
Lorry upto 10 tons capacity 25,000/- 50,000/-
Lorry above 10 tons capacity 50,000/- 1,00,000/-
Machinery 50,000/- 1,00,000/-
(3)The vehicle/machinery, found involved more than two times, such vehicle/machinery alongwith sand shall be seized/confiscated by the following officers in the State authorized under these rules:
(a)District Collector (Concerned)
(b)Joint Collector (Concerned)
(c)Superintendent of Police (Concerned)
(d)Additional Superintendent of Police/OSD (Concerned)
(e)Sub-Collector/ Revenue Divisional Officer (concerned).
(f)Tahsildar (concerned) Mandal.
(g)Sub-Divisional Police Officer (concerned).
(h)Station House Officer (concerned).
(i)District/Divisional Panchayat Officer
(j)Deputy Director of Mines and Geology (Concerned)
(k)Asst. Director of Mines & Geology (concerned).
(l)Any other officer nominated by the Dist. Collector (concerned).
(4)An officer authorized under sub-rule (3) shall follow the procedure as under to confiscate any vehicle/machinery:
(a)Issue show cause notice to the person/owner from whom the vehicle/machinery is to be seizure/confiscated.
(b)Immediately take steps by preparing seizure/confiscation report and produce the vehicle/machinery before the Competent Court to enable the person/owner from whom the vehicle/machinery is seized to file an application under Section 451 of Criminal Procedure Code (Cr.P.C) for release of vehicle/machinery, whereupon the Competent Court shall pass orders in accordance with law.
(c)In the alternative, the person/owner from whom vehicle/machinery is to be seized shall be permitted to submit explanation to the show cause notice alongwith an application to the authorized officer seeking release of vehicle/machinery.
(d)Upon receipt of explanation to the show cause notice and the application for release of vehicle/machinery, the authorized officer shall consider the application and pass appropriate orders in accordance with law, within a period of two weeks there from, on production of security of Rs.25,000/- in case of tractor; Rs.1,00,000/- in case of vehicle upto 10 tonnes capacity; Rs.1,50,000/- in case of vehicle above 10 tonnes capacity and Rs.2,00,000/- for any machinery, in the form of Demand Draft drawn in favour of the authorized officer alongwith an affidavit/undertaking to produce the seized vehicle/machinery as and when required.
(e)If the person from whom the vehicle/machinery is seized, fails to comply sub-rule (4) clause ‘d’, the authorized officer shall issue order for disposal of seized vehicle/machinery in public auction in consultation with Transport Department within (15) days from the date of seizure order.
(f)The fine paid as per the orders of Competent Court; the security furnished as per sub-rule (4) clause ‘d’ OR the proceeds as per subrule (4) clause ‘e’ shall be deposited in the head of account ‘0853- 102-81–other receipts’ and the original challan shall be sent to the Asst. Director of Mines & Geology concerned.]
(5)No order of confiscation of any machinery/vehicle shall be made under sub-rule (4) unless the person from whom the machinery/vehicle is seized is given:-
(a)A notice in writing informing the person of the grounds on which it is proposed to confiscate such property.
(b)An opportunity of making a representation in writing within such time as may be specified in the notice against the grounds for confiscation; and
(c)A reasonable opportunity of being heard in the matter.
(6)Officers seized the vehicle shall issue order of confiscation of machinery/vehicle. The confiscated machinery or vehicle shall be disposed in public auction.