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State of Odisha - Section

Section 11 in The Orissa Minerals (Prevention of theft, Smuggling & Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007

11. Establishment of check-post, barrier and weigh-bridge and inspection of mineral in transit.

(1)With a view to check the transport and storage of minerals raised without lawful authority and to check the quality and quantity of minerals transported from lease-hold areas and depot, the Government may set up check-post(s) with or without barrier(s) and weigh-bridge(s) at any place within the State.
(2)The following officers or any other officer authorized by the State Government on this behalf may stop and check any carrier at any place within their respective jurisdiction and the person in-charge of the carrier shall furnish the valid transit pass/permit and other particulars such as bill(s) or receipt(s) or delivery note(s) on demand.
  Designation of the Officer Jurisdiction
I. Director of Mines Whole of the State
II. Joint Director, Mines Whole of the State
III. Deputy Director, Mines (Headquarters) Whole of the St.ate
IV. Collectors Within their respective Districts.
V. Deputy Director, Mines/Mining Officer Within their respective Mining Circle
VI. Assistant Mining Officer Within their Mining Circle
VII. Senior Inspector of Mines Within their Mining Circle
VIII. Check-gate Supervisor Within their Mining Circle
IX. Check-gate Clerk Within their Mining Circle
X. Any other officer authorized by the Collector Within the concerned District
XI. Police Officer not below the rank of Sub-Inspector of Police Respective jurisdiction
(3)Every holder of Mining lease and/or licence shall provide necessary assistance to the authorized officer to inspect, verify and check the stocks and accounts of minerals and any other documents pertaining thereto and draw samples. He shall be responsible for providing necessary assistance and co-operation to the concerned authority for checking and inspection of the carrier during transit.
(4)Every holder of a mining lease and/or licence shall issue the duplicate and triplicate copies of the transit pass/permit to the in-charge of the carrier transporting mineral from the mines/depot and the original copy shall be kept in the book.
(5)All carrier will normally pass through check-post(s) or check-post-cum-weighbridge(s) of the Department or the other weighbridge(s) installed in leasehold area or plant or factory premises of the licensee approved by the Director of Mines. Government will engage checking staff to supervise the weighment of other weigh-bridges and the expenditure on this account will be borne by the weigh-bridge owner. If the quantity of the mineral in the carriers, as recorded in the other weigh-bridge(s) are found lower than the actual quantity of the mineral on subsequent checking, the permission for operation of the weigh-bridge shall be suspended for a period not exceeding thirty days by the concerned Deputy Director of Mines/Mining Officer. In case of repetition of such discrepancy, the permission for operation of the weighbridge shall be withdrawn by the Director of Mines.All the carriers shall carry two copies of the transit pass/permit (duplicate and triplicate) and shall stop at the check post/weighbridge where the quantity and quality of the mineral will be verified by the Government checking staff and proceed after being cleared by the check post clerk by making necessary endorsement(s) in the triplicate copy held by the in-charge of the carrier. The duplicate copy shall be handed over to the check-gate clerk who will keep it for office record.
(6)The owner of the weigh-bridge shall keep the weighbridge in perfect working condition and any break down or malfunctioning shall be reported forthwith to the concerned Deputy Director of Mines/ Mining Officer.
(7)The working hours of each check-post, with or without barrier or weighbridge shall be announced in advance by the Deputy Director of Mines/ Mining Officer, as the case may be, and shall be commensurate with general requirement of the mineral traffic in that sector. The Director of Mines may review the time schedule so fixed periodically.
(8)
(i)Where there is a weigh-bridge of Government or other near the checkpost, the quantity of mineral transported shall be ascertained through weighment;
(ii)The lessee, licensee or permit holder shall pay to the Government the weighment charges for weighment of the mineral in a Government/ weighbridge at the rate prescribed by the Government from time to time in advance by 15th day of every month. In case of default in advance payment, she/he shall pay simple interest at the rate fixed by the Government from time to time.
(iii)Where there is no weigh-bridge close to the check-post, the volume of mineral will be measured and converted to tonnes by applying the standard conversion factor for the mineral of particular mines to arrive at the quantity transported. The standard conversion factor will be obtained by test check taking average of few truck loads selected at random either at the nearest Government weighbridge or by any other suitable weighing method from time to time by the Mining Officer/Deputy Director of Mines concerned.
(9)The Government checking staff in-charge of check-post and/or weigh-bridge may verify the quantity and quality of the ore carried and shall return one copy of the transit pass/permit. He shall record in both copies of the pass/permit any observation relating to the discrepancy between the quantity and quality of ore carried and that shown in the pass/permit. He shall bring to the notice of the Mining Officer/Deputy Director of Mines any case of repeated discrepancies in respect of any mine owner/licensee.
(10)The person in-charge of the carrier shall, if so required by the authorized officer, furnish all relevant information regarding consigner, consignee and minerals.
(11)After checking the mineral and the carrier, the officer in-charge of the check-post or weigh-bridge or any other authorized officer shall put his signature and designation with date and time on the transit pass/permit.
(12)If the officer in-charge of checkpost or weigh-bridge or any other authorized officer has reasons to believe that the mineral is not covered by the transit pass/permit or the transportation is without a valid permit/pass, such Officer shall detain the vehicle. Then the officer in-charge of checkpost or weigh-bridge or any other authorized officer shall seize the mineral(s), vehicle(s), tool(s), equipment(s) or any other thing(s) used in transport of minerals. The seized mineral(s), vehicle(s), tool(s), equipment(s) or any other thing(s) shall be liable to be confiscated by an order of the court competent to take cognizance of the offence and shall be disposed of in accordance with the direction of the Court.Chapter-5