Section 71 in Chhattisgarh Minor Mineral Rules, 2015
71. Penalty for unauthorized 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 twenty five thousand rupees or with both.(2)Whenever any person is found extracting or transporting mineral in contravention of the provisions of these rules, the Collector/Joint Director/ Deputy Director/Mining Officer/Assistant Mining Officer/Mining Inspector or any Officer authorised by him or Zila Panchayat/Janpad Panchayat/Gram Panchayat, may seize the minerals and its products together with all tools, equipments and vehicles used in committing such offence.(3)The officer seizing such 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) shall 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 such time and place when production is asked for by such officer :Provided that where a report has been made to a Magistrate under sub-rule (3) then the seized property shall be released only under the orders of such Magistrate.(5)The Collector/Joint Director/Deputy Director/Mining Officer or any officer authorised by Zila Panchayat/Janpad Panchayat/Gram Panchayats may, either before or after the institution of the prosecution, compound the offence so committed under sub-rule (1) on payment of market value of mineral so extracted or transported and such fine which may extend to double the market value of mineral so extracted or transported, but in no case it shall be less than five thousand rupees or ten times of royalty of minerals so extracted whichever is higher ;Provided that in case of continuing contravention, the Collector/Deputy Director/Mining Officer may, in addition to the fine imposed also recover an amount of one thousand rupees for each day till such contravention continues.(6)Where an offence is compounded under sub-rule (5), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be released forthwith.(7)Any person who trespasses on any land in contravention of these rules shall be served with an order of eviction by the Collector.(8)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 shall be released except that the mineral or its products, so seized mineral or its products under sub-rule (2) shall be confiscated and shall be the property of the State Government.(9)The Authorities empowered to take action under this rule, 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.(10)(i)Subject to such conditions as may be specified, the 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 to conduct such investigation, shall exercise the powers conferred upon the officer-in-charge of a police station by the Code of Criminal Procedure, 1973 (No. 2 of 1974) 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, 1908 (No. 5 of 1908) in respect of the following matters, namely-(a)Enforcing the attendance of any person and examining him on oath or affirmation;(b)Completing production of documents.
