75. Penalty for unlawful import, export, transport, manufacture, possession, sale, etc.
- Whoever, in contravention of Section 4(1) and Section 4(1A) of the Act or these rules or order made or notification issued under the Act or these rules or in contravention of any condition of any mining lease or retail license or movement permit or any other license under these rules or without a valid mining lease or retail license or movement permit or any other license issued under these rules -(a)excavates, produces, possesses, buys, sells, distributes, collects, imports, exports, or transports any minor mineral, or(b)transports the minor minerals far in excess of the authorized carrying capacity of the vehicle or transport, or(c)indulges in the excavation, production, transport or trade of any minor mineral in a manner so as to endanger the life of any person working in the mining area or outside or neighborhood,(d)constructs, establishes any plant & machinery or crushers;Shall be punishable with imprisonment for a term of five years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.Explanation. - For the purposes of this section, any owner of the transport or the Settlee of the minor mineral may also be prosecuted if it is established that such contravention is happening with full knowledge of such owner or Settlee, in addition to the driver of the transport.
