Section 53 in Chhattisgarh Minor Mineral Rules, 1996
53. Penalty for un-authorised extraction and transportation.
(1)Whenever any person is found extracting or transporting minerals 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 of minerals and every such person shall be punishable with simple imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.(2)Whenever any person is found extracting or transporting mineral in contravention of the provisions of these rales the Collector/Additional Collector/ Joint Director/Deputy Director/Mining Officer/Assistant Mining Officer, or any Officer authorised by him or Zila/Janpad/Gram Panchayat may seize the minor minerals and its products together with all tools, equipments and vehicles used in committing such offence.(3)The officer seizing illegally extracted or transported mineral or its product, tools, equipments and vehicles shall give a receipt of the same to the person from whose possession such things were so seized and shall make report to the Magistrate having Jurisdiction to try such offence.(4)The property so seized under sub-rule (2) may be released by the officer who seized such property on execution of a bond to the satisfaction of the officer by the persons from whose possession such property was seized. It shall be produced at the time and at the place w hen such production is asked for by such officer:Provided that where a report has been made to the Magistrate under sub-rule (3) then the seized property shall be released only under tire orders of such Magistrate.(5)The Collector/Additional Collector/Joint Director/Deputy Director/ Mining Officer or Officer authorised by Zila/Janpad/Gram Panchayat may either before or after the institution of the prosecution, compound the offence so committed under sub-rale (1) on payment of such fine which may extend to double the market value of mineral no extracted but in no case it will be less than rupees one thousand or ten times of royalty of minerals so extracted whichever is higher:Provided that in case of continuing contravention Collector/Additional Collector/Deputy Director/Mining Officer in addition to the fine imposed may also recover an amount of Rs. 500/- for each day' till such contravention continues.(6)Any person who trespasses on any land in contravention of these rules, such trespasser may be served with an order of eviction by the Collector/Additional Collector.(7)All property seized under sub-rule (2) shall be liable to be confiscated by an order of the Magistrate trying the offence if the amount of the fine and other sums imposed are not paid within a period of one month from the date of the order:Provided that on payment of such sum within one month of the order all property' so seized except the mineral or its products shall be released and the mineral or its products so seized under sub-rule (2) shall be confiscated and shall be the property of the State Government.(8)The authorities empowered to take action under this rule may if deem necessary, request to the police authority in writing for the help of police and the police authorities shall render such assistance as may be necessary' to enable the officer to exercise the powers conferred on them by this rule to stop illegal extraction and transportation of minerals.(9)(i)Subject to such conditions as may be specified, the Collector/ Additional Collector may authorise either generally or in respect of particular case or class of cases any officer not below the rank of Assistant Mining Officer to investigate all or any offence punishable under this rule.(ii)Every officer so authorised shall in conduct of such investigation exercise the powers conferred upon the officer-in-charge of a police station by the Code of Criminal Procedure for the investigation of a cognizable offence.(iii)The investigation officer for the purposes of this rule shall exercise the powers of the Code of Civil Procedure in respect of the following matters :-(a)Enforcing the attendance of any person and examining him on oath or affirmation.(b)Completing production of documents.
