Section 18 in M.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006
18. Penalty for unauthorised Transportation or Storage of Minerals and its Products.
(1)Whenever any person is found transporting or storing any mineral or its products or on whose behalf such transportation or storage is being made otherwise than in accordance with these rules, shall be presumed to be a party to the illegal transportation or storage of mineral or its products and even,' such person shall be punishable with simple imprisonment for a term, which may extend to one year or with fine, which may extend to Rupees Five Thousand or with both.(2)Whenever any person is found transporting or storing any mineral or its products in contravention of the provisions of these rules, the authorised person may seize the mineral or its products together with tools, equipment and carrier used in committing such offence.(3)The authorised person seizing illegally transported or stored mineral or its products, tools, equipments and carrier 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 authorised person, who seized such property on execution of a bond to the satisfaction of the authorised person by the person, from whose possession such property was seized on the condition that the same shall be produced at the time and place, when such production is asked for by the authorised person :Provided that where a report has been made to the Magistrate under sub-rule (3), then the property so seized shall be released only under the orders of such Magistrate.(5)The Authorised Person not below the rank of Collector, Additional Collector of Senior I.A.S. scale, Director, Joint Director, Deputy Director and Officer Incharge (Flying Squad) may before reporting to the Magistrate, compound the offence so committed under sub-rule (1) on payment of such fine, which may extend to double the market value of mineral or its products or Rupees Five Thousand, but in any case it shall not be less than Rupees One Thousand or ten times of royalty of minerals so seized, whichever is higher :Provided that in case of continuing contravention, the authorised person, not below the rank of Mining Officer in addition to the fine imposed may also recover an amount of Rupees Five Hundred for each day till the contravention continues.(6)All property seized under sub-rule (2) shall be liable to be confiscated by order of tire Magistrate trying the offence, if the amount of the fine and other sum so imposed are not paid within a period of one month from the date of 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.(7)The authorised person may, if deemed necessary, request 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 authorised person to exercise the powers conferred on him/her under these rules to stop illegal transportation or storage of minerals.
